How Long Do You Have to Sue the Police in California? Your Statute of Limitations Guide
When you suffer injuries at the hands of a police officer whether due to negligence or other misconduct, navigating your next steps can be challenging. Legally, it’s not as easy to sue a government agency—or someone working on behalf of one—as it is to sue a private citizen. It’s important to understand the statute of limitations and other filing requirements, which is why it’s helpful to work with a police misconduct attorney as soon as possible.
At the Law Offices of Dale K. Galipo, we are passionate about protecting clients’ civil rights and freedoms. Founder Dale K. Galipo has a long history of securing successful jury verdicts and settlements on behalf of those who have had their rights violated by the police. Call us at 818-347-3333 to discuss your claim with our team.
Common Reasons for Lawsuits Against the Police
Your police misconduct lawyer will investigate what happened to you and the police officer’s actions. Many lawsuits against police are the result of misconduct. Excessive force is a common complaint, involving officers that use more physical force than necessary to deescalate a situation and ensure public safety. False arrest, which occurs when someone is arrested without probable cause, is another common complaint in California.
People also hire police misconduct law firms when they or their loved ones are the victim of officer-involved shootings. Despite efforts across the country to bring attention to these shootings and how often police act with impunity in these situations, officer-involved shootings have only increased over the years.
Requirements You Must Meet Before Filing a Lawsuit
When police officers are on duty, they are working within the scope of their employment. This means that they are essentially an agent of the government, which makes it harder to sue them. Before you can file a lawsuit, you must file a complaint with the law enforcement agency responsible for the officer in question. California Penal Code 832.5 requires every agency to have a protocol in place to handle these complaints. If your complaints are not adequately addressed by the agency—and they rarely are—the next step is to sue the officer and the agency in court.
How do you make a claim against the officer? Some agencies have their own written forms to make it easier to file a complaint. If the police officer was employed by the state of California and not a smaller municipality within the state, your complaint will go through the California Department of General Services Office of Risk Management. Your claim must include your name and contact information, as well as information regarding the incident for which you are requesting compensation. Provide the name of the police officer in question if you know it. The claim should also specify how much you are requesting for compensation. The agency has 45 days to take action regarding your claim. If they agree with what you’ve stated, they will try to settle with you. If they reject your claim or take no action for at least 45 days, at that point, you can move forward with a lawsuit with a police misconduct lawyer.
Statute of Limitations
There are two timeframes that come into play in these scenarios. You must file a complaint with the agency within six months of the incident, including for personal injury or wrongful death. If your complaint is rejected by the agency in question, you then have six months from the postmark date of the rejection letter to file your lawsuit against them and their officer. If you do not receive a rejection letter, you have two years from the date of injury to file a lawsuit.
This six-month timeframe is dramatically shorter than the statute of limitations for claims against a private party, which is why it is so important to get started immediately if you believe you have a case. Not only does this ensure you don’t run out of time, it also gives your police misconduct attorney more time to gather evidence before it gets stale.
Schedule a Legal Review With the Law Offices of Dale K. Galipo Today
Our police misconduct law firm understands the struggles you’re facing, and we want to help you hold the officer who harmed you accountable. Call us at 818-347-3333 or reach out online to discuss your case.
