How do I sue police for misconduct in California?
1. Federal Statute. 42 U.S.C. § 1983 creates a cause of action against any "person" acting under color of state law who deprives you of a right secured by the Constitution or federal law. Municipalities, counties, and individual officers are proper defendants; states and state agencies are not (Eleventh Amendment).
2. Qualified Immunity. The Saucier/Pearson two-step asks (a) whether the facts show a constitutional violation, and (b) whether the right was "clearly established" at the time. If either fails, the individual officer walks. State-court state-law claims are not subject to federal QI.
3. California State-Law Alternative. California has not abolished QI, but the Tom Bane Civil Rights Act (Cal. Civ. Code § 52.1) lets you sue any person who interferes "by threat, intimidation, or coercion" with a state or federal right; the Ninth Circuit and California courts hold that the "coercion" element is satisfied by the unlawful use of force itself.
4. Monell Liability. To hold the city or county liable, you must prove that an official policy, longstanding custom, or deliberately indifferent failure-to-train caused the violation (Monell v. Dep't of Soc. Servs., 1978).
5. Statute of Limitations. Section 1983 borrows California's 2-year personal-injury SOL (CCP § 335.1). A Government Code § 910 tort claim must be filed within 6 months for state-tort claims, but is not required for § 1983.
6. Common Constitutional Claims. Fourth Amendment excessive force, unlawful arrest, and unlawful search; Eighth Amendment cruel/unusual punishment (post-conviction); Fourteenth Amendment due-process and equal-protection violations.
7. Damages. Compensatory and punitive damages (punitives only against individual officers, not the municipality), plus prevailing-plaintiff attorney fees under 42 U.S.C. § 1988 and Civ. Code § 52.1(h).
8. Notice of Claim. Cal. Gov. Code § 910 requires a 6-month tort-claim presentation for state-law claims; § 1983 federal claims have no notice requirement.
9. Bivens. The federal-officer analog has been sharply narrowed post-Egbert v. Boule (2022).
This is legal information, not legal advice.
- You were injured or arrested by a California officer and the 2-year SOL is approaching
- You may have a Monell claim against LAPD, SFPD, or a county sheriff
- You want to combine § 1983 with a Bane Act claim to avoid qualified immunity
- 42 U.S.C. § 1983
- 42 U.S.C. § 1988
- Cal. Civ. Code § 52.1 (Bane Act)
- Cal. Civ. Proc. Code § 335.1
- Cal. Gov. Code § 910
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.