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December 20, 2024

Can You Sue the Police Department for False Accusations?

Written by Pointer & Buelna, LLP. Lawyers For The People, reviewed by Adanté Pointer

Many people wonder, “Can you sue the police department for false accusations?” The answer is yes, you can sue them if your rights were violated due to wrongful prosecution, false arrest, or other misconduct. Doing so can help address the emotional distress, financial loss, and reputational harm caused by such actions. At Pointer and Buelna, LLP, we’re dedicated to helping victims of police misconduct in California to seek justice and compensation.

What Is Considered a False Accusation by the Police?

False accusations by the police occur when law enforcement officials knowingly or recklessly make untrue claims that lead to criminal charges, arrests, or harm. This may include fabricating evidence, misrepresenting facts, or maliciously accusing someone without probable cause. These actions not only infringe on your civil rights but can also result in significant legal and personal harm.

Grounds for Suing the Police Department for False Accusations

Wrongful Prosecution

Wrongful prosecution happens when police provide false information to prosecutors, leading to unjust criminal charges. Fabricating evidence or making false claims with intent or recklessness may give you grounds to sue under California law. 

False Arrest and False Imprisonment

False arrest occurs when police detain someone without legal authority or probable cause. If you were unlawfully confined due to a fabricated accusation, you could pursue damages. This is a civil rights violation under both state and federal law.

Civil Rights Violations

False accusations typically violate civil rights, such as due process or liberty. Victims may file claims under Section 1983 of the Civil Rights Act, which holds police accountable for misconduct.

Key Elements of a Successful False Accusation Lawsuit Against Police

Lack of Probable Cause

For a successful lawsuit, you must demonstrate that the police acted without probable cause. This means the officer had no reasonable basis to believe you had committed a crime but proceeded to accuse, arrest, or detain you anyway.

Evidence of Malice or Intent

To strengthen your case, you need to provide evidence that the officer acted maliciously or with reckless disregard for the truth. For instance, intentional falsification of a report or deliberate misrepresentation of evidence can help establish police misconduct.

How to Sue the Police Department for False Accusations in Los Angeles

Filing a lawsuit against the police department involves several steps, including gathering evidence, filing a formal complaint, and potentially pursuing a civil rights lawsuit under California or federal law. Working with an experienced attorney is crucial to navigate the complex legal requirements and ensure your case is presented correctly.

What to Consider Before Taking Legal Action Against the Police

Before filing a lawsuit, it’s essential to evaluate the strength of your case, including the availability of evidence and potential witnesses. Additionally, you must comply with the state’s procedural requirements, such as filing a government claim within six months of the incident. An experienced lawyer can guide you through these steps and assess the likelihood of a successful outcome.

Contact a Police Misconduct Lawyer in California for a Free Consultation

At Pointer and Buelna, LLP, we specialize in holding police departments accountable for misconduct, including false accusations. Call us at (510) 929-5400 or schedule a free consultation here to discuss your case and take the first step toward justice.