November 25, 2024
Suing the Police Department for Negligence: Your Legal Options in California
Written by Pointer & Buelna, LLP. Lawyers For The People, reviewed by Adanté Pointer
When the people sworn to protect us fall short of their duty, the consequences can be devastating. If you believe you’ve been harmed due to police misconduct or negligence, you may be considering suing the police department for negligence in California. The answer is yes—you can pursue legal action under certain circumstances. At Pointer & Buelna, LLP – Lawyers for the People, we’re committed to helping victims of police recklessness seek justice. Our experienced team is ready to guide you through this challenging process and protect your legal rights.
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What Does It Mean to Sue a Police Department for Negligence?
Suing a police department for negligence means holding law enforcement accountable when their actions—or failure to act—cause harm. In this context, negligence typically involves situations where officers fail to exercise reasonable care, resulting in damages or violations of your rights. Common examples include improper handling of emergencies, excessive use of force, failure to intervene in another officer’s misconduct, or a lack of proper training anzd supervision.
Although police officers are often protected by legal immunity, California’s SB 2, signed into law in 2021, limits those protections. As Forbes explains, this law allows officers to be decertified for serious misconduct, making it easier for victims to pursue negligence lawsuits.
When Can You Sue a Police Department for Negligence in California?
When an officer’s reckless actions or inactions cause harm that could have been avoided if they had exercised reasonable care, you can sue a police department for negligence in California. Situations in which you may file a lawsuit include:
- Excessive force: Officers use more force than necessary during an arrest or public interaction.
- Failure to provide medical assistance: If an officer ignores or delays medical care to someone in their custody.
- Inadequate training: When police departments fail to train officers properly, resulting in harmful outcomes.
- Improper supervision: A department may also be liable if its officers are inadequately supervised or fail to follow accurate procedures.
California law allows victims of police negligence to pursue compensation, but the state’s laws regarding government liability can complicate these cases.
How Is Negligence Proven in a Case Against the Police?
To prove misconduct in a lawsuit against a police department, you must demonstrate:
- Duty of care: The police had a responsibility to act reasonably.
- Breach of duty: The officer failed to meet that responsibility.
- Causation: This breach directly caused your injuries.
- Damages: You suffered measurable harm as a result.
Proving negligence requires gathering evidence, such as police reports and witness testimony, and having skilled legal representation to build a solid case.
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Steps for Suing the Police Department for Negligence
If you’ve been harmed due to police irresponsibility, follow these steps to take legal action:
- Consult an attorney: Contact a qualified law firm to discuss your options.
- File a government claim: In California, you must submit a claim within six months of the incident before suing a public entity.
- Gather evidence: Work with your attorney to collect records, witness statements, and other critical evidence.
- Negotiate or proceed to trial: Depending on your case’s strength, you may settle out of court or proceed to trial.
What Compensation Can You Receive in a Police Negligence Lawsuit?
Victims of police carelessness may be entitled to several types of compensation, including:
- Medical expenses: Coverage for treatments, surgeries, and ongoing care.
- Lost wages: Reimbursement for time missed at work or lost future earning potential.
- Emotional distress: Compensation for mental and emotional trauma caused by the incident.
- Pain and suffering: Damages for the physical and emotional impact of the negligence.
According to the California League of Cities, police departments may be held liable under certain conditions, especially when a failure to train or supervise properly results in injury. The compensation amount depends on the damage’s severity and the case’s circumstances.
Request a Free Consultation About Your Police Negligence Case in California
Get the legal help you deserve. Contact a Police Misconduct Lawyer from Pointer & Buelna, LLP for a free consultation, or call us today at (510) 929-5400. Our experienced attorneys will review your case and fight for the justice and compensation you deserve.
Adanté Pointer
Pointer has received numerous awards and honors. He has been selected as the “Nations Best Advocate” by the National Bar Association, a “Superlawyer” in 2021 by Superlawyers Magazine and was recently featured as being “the Best Civil Rights Lawyer You May Not Have Heard Of” by the East Bay Express.
Years of Experience: 16+ years
