Yes, you can sue the police in California. Every week I talk to people who were beaten, arrested for nothing, or treated like criminals for asking a question, and most of them start the call the same way: “I didn’t think you could sue a cop.” You can. The real questions are which claims you have, who you sue, and how fast you move.
I have spent my career suing police officers, sheriff’s deputies, and the cities and counties that employ them. This page walks through how a police misconduct case actually works in California, step by step, in the order I would walk a new client through it.
What kinds of police misconduct can you sue for?
- Excessive force and police brutality: force that was not objectively reasonable under the circumstances, including beatings, chokeholds, Tasers, K9 bites, less-lethal rounds, and shootings (Graham v. Connor, 1989).
- Wrongful and false arrest: an arrest without probable cause, or a detention that lasts longer than the law allows.
- Unlawful search and seizure: searching you, your car, or your home without a warrant, consent, or a valid exception.
- Malicious prosecution: charges brought without probable cause and for an improper purpose that later end in your favor.
- Retaliation for protected speech, such as recording officers or questioning a stop.
- Wrongful death and in-custody death, including failure to get medical help for someone in custody.
- Negligence, such as careless tactics before a shooting or a patrol car crash. See Can You Sue the Police for Negligence in California?
Federal claims vs. state claims
Most strong cases use both tracks, because each one fills gaps in the other.
- Section 1983 (federal). Lets you sue any person who, acting under color of law, violates your constitutional rights. It carries attorney’s fees for the winning plaintiff under 42 U.S.C. section 1988. Officers can raise qualified immunity, which protects them unless the right was clearly established (Pearson v. Callahan, 2009).
- The Bane Act, Civil Code section 52.1 (state). Covers interference with your rights by threats, intimidation, or coercion. It allows damages and, under subdivision (i), reasonable attorney’s fees. Federal qualified immunity does not apply to state claims.
- California torts (state). Battery, false imprisonment, negligence, and intentional infliction of emotional distress. These can reach conduct that falls short of a constitutional violation, such as careless pre-shooting tactics (Hayes v. County of San Diego, 2013).
Who can you sue?
The individual officers
You can name each officer who used force, made the arrest, or stood by and failed to intervene. Officers are personally liable under section 1983 and under California law. We cover this in Can You Sue a Cop Personally?
The city, county, or state agency
Under state law, a public entity is generally liable for injuries its employees cause while acting within the scope of their employment (Government Code section 815.2). That is usually how the city or county ends up paying. Under federal law the rule is narrower: a city or county is liable only when an official policy, custom, or failure to train caused the violation (Monell v. Department of Social Services, 1978). Punitive damages can be awarded against an individual officer, but not against the public entity (Government Code section 818).
How a police misconduct lawsuit works, step by step
Step 1: Get medical care and preserve evidence
Your health comes first, and the records it creates matter. Photograph injuries, keep torn clothing, save any video, and write down names, badge numbers, and the time while it is fresh.
Step 2: Talk to a civil rights lawyer before you talk to anyone else
Do not give a statement to internal affairs or an investigator about the incident without counsel, especially if you are facing charges. What you say can be used in the criminal case and the civil case.
Step 3: Demand the evidence
We send preservation letters and records requests for body camera and dashcam video, dispatch audio, use-of-force reports, and the officers’ history. California’s public records laws give access to certain police misconduct and use-of-force records, and lawsuits open the door to much more through discovery.
Step 4: File the government claim
For state-law claims against a California public entity, a written claim is generally due within six months (Government Code section 911.2). The agency has 45 days to act; after a written rejection, you usually have six months to file suit. The full timeline, including what to do if you missed it, is in How Long Do You Have to Sue the Police?
Step 5: File the lawsuit
Most police cases with federal claims are filed in federal court, usually the Central District of California for Los Angeles, San Bernardino, Riverside, and Orange counties. State claims can be joined in the same case.
Step 6: Discovery, depositions, and qualified immunity
This is where cases are won. We depose the officers, compare their testimony to the video second by second, and fight the qualified immunity motion. Once a court denies qualified immunity, the case heads toward a jury, and that is when agencies get serious about resolving it.
Step 7: Settlement or trial
Most cases resolve by settlement, which for a city or county must be approved by its governing body, such as the City Council or Board of Supervisors. Some go to trial. Either way, a typical case takes one to three years.
What can you recover?
- Medical bills, past and future
- Lost wages and lost earning capacity
- Pain, suffering, and emotional distress, including humiliation and fear
- Punitive damages against individual officers who acted with malice or reckless indifference
- Attorney’s fees under section 1988 and the Bane Act, which often makes these cases possible to bring
Every case is different, and no honest lawyer will quote a number on the first call. For context on what Los Angeles agencies have actually paid, see LAPD & LASD Misconduct Settlements: What Cases Pay.
Why hire a civil rights attorney instead of going it alone?
Police misconduct cases are among the hardest civil cases to win. The other side has full-time government lawyers, internal records you have never seen, and defenses such as qualified immunity and statutory immunities that end cases on paper. A civil rights attorney knows which claims survive those defenses, how to get the video, and how to present the case to a jury. Most of us, including our firm, take these cases on contingency: no fee unless we win.
FAQs
1. Can you sue the police in California?
Yes. You can sue individual officers and, in many cases, the city or county that employs them. Most cases combine federal civil rights claims under 42 U.S.C. section 1983 with California claims such as the Bane Act, battery, false imprisonment, and negligence. State claims require a government claim first, usually within six months.
2. How much does it cost to hire a lawyer to sue the police?
Most civil rights lawyers, including our firm, handle police misconduct cases on contingency, meaning no fee unless we win. Federal law and the Bane Act also allow a winning plaintiff to recover reasonable attorney’s fees from the defendants, which is one reason these cases can be brought even when the injuries seem modest.
3. Can I sue the police if I was never charged with a crime?
Yes. You do not need to be charged or convicted for your rights to have been violated. An unlawful stop, false arrest, or excessive force is a violation on its own. In fact, cases where no charges were filed are often strong, because they suggest the officers had no legitimate reason for what they did.
4. What is qualified immunity, and does it stop my case?
Qualified immunity protects officers from federal damages claims unless they violated a clearly established right. It does not bar claims against the city or county under state law, and it does not apply to California state claims like the Bane Act. Many cases defeat it; when they do, the case moves toward trial.
5. How long does a lawsuit against the police take?
Most police misconduct cases take one to three years from filing to resolution. The early stage, including the government claim and gathering video and records, takes a few months. Discovery and the qualified immunity fight take the most time. Settlements with a city or county also need approval from its governing body.