|
|
Last Modified on Nov 12, 2025
It can be a traumatizing and frightening event when law enforcement acts inappropriately or criminally against you. When considering pursuing a claim, you may wonder, “What damages can you recover in a police misconduct lawsuit in California?” Greg Peacock Law is here to explain the types of economic, non-economic, and punitive damages for which you may be eligible.
About Us
Greg Peacock Law has spent years assisting the people of Orange County, Long Beach, and surrounding Southern Californian cities with their police misconduct cases. Founder Greg Peacock has focused primarily on defending the public against corrupt or criminal actions committed by police officers.
Overview of Police Misconduct Cases in California
Police misconduct is, unfortunately, a prevailing issue in the Golden State. The State of California’s Commission on Peace Officer Standards and Training reported 40,854 misconduct incidents in 2024. Of these, 44% occurred in a previous year. Out of the 7,824 Affidavits of Separation (AOS) filed that year, 265 distinct officers had serious misconduct included in their removal from the force.
Police misconduct in California can take many forms. Some common examples of cases Greg Peacock Law represents include:
- Excessive force. Officers are authorized to use some force, but some go beyond what is necessary.
- Demonstrating bias. Racial profiling and biased behavior remain prevalent within law enforcement, accounting for 12,530 misconduct reports in 2024.
- Illegal search and seizure. To search a car or a residence, police require guidelines that can be broken.
- False arrest. An arrest with no probable cause or made with reckless disregard for someone’s civil rights.
To file a claim, you must first file a formal complaint within six months of an incident of police misconduct. If your complaint is rejected, you then have an additional six months to file a claim against the responsible officer.
What Compensation Is Available for Police Misconduct Claims in California?
The damages you may receive in a police misconduct claim are based on the ways an incident impacted your life. The three main categories are economic, non-economic, and punitive damages.
Economic
Economic damages encompass the direct financial losses caused by an incident of police misconduct. These can compensate for any lost wages, loss of future earnings, medical expenses for any encounter, property damaged by an officer, and your legal expenses.
Non-Economic
Non-economic compensation is reserved for the intangible harm that you suffered from police misconduct. Damages can cover pain and suffering, emotional distress from an event, loss of reputation from a wrongful accusation or unlawful arrest, humiliation, and ongoing trauma. Money cannot change the psychological harm from an incident, but it can still be helpful.
Punitive
Punitive damages are reserved for incidents of unique harm. California Civil Code Statute 3294 details that if an act was done with active malice, oppression, or fraud, then additional payments can be demanded as compensation. Examples of punitive damages used include clear evidence of verbal harassment, excessive force, or fabrication of evidence.
What Determines the Final Sum?
The severity of the police misconduct you were a victim of is the main determining factor in the total amount you can receive.
One recent high-profile case involved Thomas Perez Jr, who was interrogated for 17 hours, during which officers threatened to kill his dog. He was awarded $900,000.The largest misconduct-related settlement in the history of California occurred in September 2025, when Maurice Hastings was awarded $25 million for 38 years of wrongful conviction. The amount your case may be worth could fall below, or within, these two results.
Hire a Police Misconduct Lawyer
Filing a complaint or claim can be a confusing and intimidating process to go through alone. Hire a police misconduct lawyer to assist you with your case. Your police misconduct attorney can help you draft your documents, assess what damages you are eligible for, and provide an estimate for how much your final settlement may be worth.
FAQs
What Types of Compensation Are Available in California Police Misconduct Claims?
Police misconduct claims in California typically have three types of compensation available. The first is economic, which encompasses the direct financial impact the misconduct had on your life. Next are the non-economic effects an incident had, such as pain and suffering, emotional distress, and damage to reputation. Finally, there are punitive damages, which are punishment payments for especially egregious misconduct.
How Much Does a Police Misconduct Lawyer Cost in California?
How much your California police misconduct lawyer costs depends on the severity of actions taken against you, the case’s complexity, and how many work hours it requires. A minor infraction with a quick settlement tends to be cheaper than one involving life-altering injury and a trial. Another contributing factor is the billing structure, with different firms utilizing flat fee models, hourly rates, retainer expenses, or a percentage of any settlement.
What Is the Statute of Limitations for Police Misconduct in California?
The statute of limitations for police misconduct claims in California is six months from the event, during which you must file a formal complaint. If your complaint is denied, you have an additional six months to file a claim against the officer. Failure to do so can bar any chance of receiving compensation.
How Much Money Can You Receive From Police in a California Misconduct Claim?
In California, there is no fixed dollar amount for what you are eligible for in a police misconduct claim. Minor violations of your rights tend to result in lower sums than major infractions, such as serious injury or death. Your police misconduct attorney can assess your case and determine the amount you may receive in a settlement or court verdict.
Speak With a Police Misconduct Lawyer Today
Greg Peacock Law knows how upsetting it can be to suffer an act of police misconduct. Our team has the legal skill, knowledge, and experience to help you with your case and fight to get the compensation you deserve.
Contact us today for an initial consultation, where we can learn your story and provide strategies for your police misconduct case. You may also visit our Newport Beach office, located on Birch Street south of John Wayne Airport and North of the University of California, Irvine.
