September 8, 2026
Key Takeaways Police departments are not separate legal entities, so lawsuits target officers or the government body that employs them. Section 1983 lets injured people sue government actors who violate constitutional rights under color of law. Qualified immunity shields officers unless the violated right was clearly established by prior case law. California requires a government ...
read moreSeptember 1, 2026
Key Takeaways Excessive force happens when an officer uses more physical power than a situation reasonably requires. California law limits deadly force to situations involving an imminent threat of death or serious injury. Courts judge whether force was excessive by what a reasonable officer would have done in the moment. Evidence like medical records, video footage, and witness a...
read moreJuly 27, 2026
Key Takeaways You are generally not legally required to answer police questions under the Fifth Amendment. California drivers must provide their license, registration, and insurance when lawfully stopped. Lying to police during an investigation can lead to separate criminal charges in California. Invoking your right to remain silent must be done clearly and out loud to be legally ef...
read moreJuly 17, 2026
Key Takeaways Suing police for emotional distress in California requires proving extreme, outrageous conduct beyond typical law enforcement activity. Two legal theories apply: intentional infliction and negligent infliction of emotional distress, each with distinct burdens. Federal law under 42 U.S.C. § 1983 allows civil rights claims when officers act under color of law to violate co...
read moreJuly 16, 2025
In California, the law surrounding police shootings is stringent, especially when it comes to fleeing suspects. Can police shoot a fleeing suspect in California? The short answer is no, not unless the fleeing individual poses an imminent threat of serious injury or death to others. Officers must follow specific guidelines outlined in California law. At Pointer and Buelna, LLP - Lawyers For The Pe...
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