How do I sue police for misconduct in Washington?

1. Federal Statute. 42 U.S.C. § 1983 creates a cause of action against state actors who deprive plaintiffs of federal constitutional rights under color of law.

2. Qualified Immunity. The Ninth Circuit applies federal QI under Saucier/Pearson. State-court state-law claims are not subject to federal QI.

3. Washington State-Law Alternative. Washington has not abolished QI and has no civil-rights act analog to § 1983. However, RCW § 4.92.090 and § 4.96.010 broadly waive sovereign immunity for tort claims, and Washington recognizes negligence claims against police agencies that are barred or limited in most other states. Common-law assault, battery, false-arrest, and outrage claims are available.

4. Monell Liability. A municipality is liable under § 1983 only when an official policy, custom, or failure to train caused the constitutional violation.

5. Statute of Limitations. Section 1983 borrows Washington's 3-year personal-injury SOL (RCW § 4.16.080(2)). State-tort claims also have a 3-year SOL.

6. Common Constitutional Claims. Fourth Amendment excessive force, unlawful arrest, and unlawful search; Eighth Amendment for post-conviction abuse; Fourteenth Amendment due-process and equal-protection violations.

7. Damages. Compensatory damages plus federal punitive damages against individual officers; Washington does not generally permit common-law punitive damages. Section 1988 attorney fees apply.

8. Notice of Claim. RCW § 4.92.100 requires a 60-day claim presentment for state-tort claims against the State and political subdivisions; § 1983 federal claims have no notice requirement.

9. Bivens. Federal-officer Bivens claims have been narrowed by Egbert v. Boule (2022).

This is legal information, not legal advice.