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October 2, 2024

How to Sue the Police Department in 2025

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

The Police Funding Database has identified 217 known settlements against police departments that resulted in new laws and policy changes. On top of that impact, they also uncovered that more than $2.3 billion has been paid out to victims of police misconduct. 

If you have experienced police misconduct, what are your options? Let’s discuss how to sue the police and the importance of having a skilled California police brutality lawyer on your side from the start of the process.

Why Sue the Police Department?

Victims sue police departments to seek justice and compensation when their civil rights are violated. Lawsuits can also help drive systemic reform within law enforcement agencies. Common examples of incidents that can lead to a lawsuit against the police include:

• Excessive force – When an officer uses more physical aggression than is legally justified, such as tasering an unarmed person or deploying chokeholds during non-threatening arrests.
• False arrest or wrongful imprisonment – This occurs when a person is detained or held by law enforcement without probable cause, valid warrants, or legal justification, leading to significant emotional and legal harm.
• Illegal searches and seizures – Involves violating the Fourth Amendment by searching property or seizing items without proper warrants, legal authority, or the consent of the individual involved.
• Racial profiling – This happens when police unfairly target individuals based on their race, ethnicity, or cultural background instead of observable behavior or factual evidence.
• Failure to intervene – Describes situations where an officer witnesses excessive force or abuse by a colleague but does not take reasonable action to stop, report, or prevent the misconduct.

Common Reasons for Suing the Police in California

People sue police departments in California when their constitutional or state civil rights are violated. These violations often fall under the umbrella of police brutality, misconduct, or abuse of power. According to the U.S. Commission on Civil Rights, common grounds for filing a claim include:

• Physical abuse or deadly force without justification
• Malicious prosecution or fabricating evidence
• Sexual misconduct by law enforcement personnel
• Deaths in police custody
• Violations of the Bane Act (California Civil Code Section 52.1), which protects individuals from interference or threats when exercising their constitutional rights U.S. Commission on Civil Rights

Common Types of Police Misconduct

Police misconduct in California encompasses any abuse of authority or violation of an individual’s rights. The most common forms include:

• Brutality – Involves officers using excessive or unnecessary force in situations such as arrests, traffic stops, or protests, which can result in severe injury, trauma, or loss of life.
• Coercion – Refers to police manipulating, threatening, or intimidating individuals to obtain confessions or compliance, often undermining due process and leading to false or involuntary admissions.
• Discrimination – Occurs when law enforcement officers target individuals unfairly based on race, religion, gender, or identity, rather than behavior, evidence, or legitimate cause.
• Harassment – Includes ongoing or repeated police actions that intimidate, disturb, or unjustifiably pressure individuals, often without legal grounds or proper investigative purpose.
• Negligence – This happens when officers fail to fulfill their duty of care, such as ignoring urgent medical needs, resulting in preventable harm or worsened conditions for individuals in custody.

These acts not only harm individuals but erode public trust in law enforcement.

how to sue the police department

What Constitutes Police Misconduct in California?

In California, police misconduct refers to illegal or unethical actions by law enforcement that violate constitutional rights. Common forms of misconduct include excessive force, wrongful arrests, racial profiling, and sexual harassment. These actions can violate specific amendments, such as the First, Fourth, and Eighth Amendments, which safeguard individual liberties and protect citizens from abuse by the state.

First Amendment

The First Amendment protects the right to free speech, peaceful assembly, and freedom of the press. Misconduct related to this amendment often includes officers wrongfully arresting or silencing people who are lawfully protesting or expressing dissent. If an officer attempts to suppress your lawful expression or peaceful assembly, this can constitute a violation of your First Amendment rights.

The Fourth Amendment

The Fourth Amendment protects individuals from unreasonable searches and seizures. This amendment is frequently invoked in cases where individuals are subjected to wrongful arrests, illegal searches, or excessive force. For example, a routine traffic stop escalating to unnecessary violence or unlawful detention could be a Fourth Amendment violation, giving the victim grounds for a legal claim.

The Eighth Amendment

The Eighth Amendment prohibits cruel and unusual punishment. Misconduct under this amendment is most often seen in cases of police brutality or mistreatment while an individual is in police custody. If excessive force is used during an arrest or incarceration, leading to injury or suffering, it may violate the Eighth Amendment.

For further reading on police misconduct and use of force in California, check out the Public Policy Institute of California’s report.

Can You Sue an Individual Police Officer?

Yes, you can sue an individual police officer, but they may be protected by qualified immunity. Qualified immunity shields government officials from personal liability unless they violate “clearly established” statutory or constitutional rights National Conference of State Legislatures.

That said, courts have been narrowing the scope of qualified immunity in recent years. An individual officer may be held accountable if:

• Their actions were clearly unlawful at the time
• They violated constitutional protections
• They acted outside the scope of their duties

Lawsuits can name both the officer and the department as defendants, depending on the nature of the violation.

How Hard Is It to Sue a Police Officer?

Suing a police officer is legally complex due to protections like qualified immunity and procedural requirements.

Challenges include:

• High legal standards – Courts tend to show strong deference to police officers’ decision-making, particularly in high-stress or split-second scenarios, making it difficult to challenge their actions in court.
• Strict deadlines – California law requires individuals to file claims against public entities within six months of the incident, a short window that demands swift action to preserve legal rights.
• The burden of proof – Plaintiffs must demonstrate their rights were violated, often requiring substantial evidence like bodycam footage, eyewitness accounts, or medical records to support their case.

Despite these hurdles, successful cases are possible, particularly with skilled legal representation from experienced civil rights attorneys like Pointer and Buelna, LLP – Lawyers For The People.

Qualified Immunity

Qualified immunity is a legal doctrine that shields police officers from personal liability unless they violated “clearly established” law. While this protection can complicate lawsuits, experienced attorneys know how to navigate these challenges. This doctrine essentially means that officers are protected unless their actions were obviously unconstitutional based on previous court decisions. It is crucial to present a strong case demonstrating that the officers’ actions were unconstitutional and clearly violated established rights. This requires an attorney who understands the nuances of qualified immunity and how to overcome this obstacle in court.

Steps for Suing the Police Department in 2025

To sue a police department, here’s a general overview of the steps involved:

1. Consult a Lawyer: A civil rights attorney can assess your case and advise you on the best course of action.
2. Gather Evidence: Collect as much evidence as possible. This may include photos, videos, witness statements, medical records, and any communications with the police.
3. File a Complaint: Submit a formal complaint to the appropriate agency, such as the police department’s internal affairs unit.
4. File a Lawsuit: If your complaint is not resolved to your satisfaction, you can file a lawsuit with the help of your attorney.
5. Attend Court Proceedings: Your attorney will handle most of the legal aspects of court proceedings, which may include depositions, hearings, and a trial.
6. Negotiate a Settlement: Your attorney will work with the police department’s lawyers to negotiate a settlement.
7. Trial: If a settlement cannot be reached, your case can go to trial. As your attorney, we will present your case before a judge and jury, arguing for your rights and demanding the compensation you deserve.
8. Appeal the Decision: If the outcome is unfavorable, you may have the option to appeal the decision.

It’s important to note that suing a police department can be a lengthy and emotionally draining process. It’s crucial to have a qualified attorney who can guide you through the legal complexities and provide support throughout the process.

Proving a Case Against Police

Building a case against the police department requires gathering strong evidence to support your claim. This could include video recordings, eyewitness testimonies, police reports, and medical records documenting any injuries. In some cases, body cam or dashcam footage from law enforcement can be subpoenaed to corroborate your version of events.

Victims are encouraged to collect any physical evidence available, such as photographs or personal video recordings, and seek out witnesses who were present during the incident. Your legal team will also help identify expert witnesses, such as medical professionals or law enforcement specialists, who can testify to the physical or procedural misconduct involved in your case. Additionally, police department internal records or previous misconduct complaints can help substantiate your claim.

What Types of Damages Can You Recover?

Victims of police misconduct in California may recover compensatory and punitive damages. Courts award damages to compensate for harm and, in some cases, to punish wrongful conduct. Typical types include:

• Medical expenses – Hospital bills, therapy, medication
• Lost wages – Income lost due to injury or wrongful detention
• Pain and suffering – Physical and emotional trauma
• Punitive damages – To penalize particularly egregious behavior
• Legal costs – Attorney’s fees and court expenses

California law also allows for injunctive relief, which may include changes in police procedures or officer retraining.

Need Help? Get In Touch With a Police Brutality Lawyer in California

If you are a victim of police misconduct, you are entitled to assert your rights. With a reputable California police brutality lawyer like Pointer & Buelna, LLP: Lawyers For The People in your corner, you can get through the complicated legal process with confidence and boost your chances of obtaining justice. To set up a time to speak to one of our attorneys, contact us now or give us a call at (510) 822-7476. We are available 24/7.