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Last Modified on Nov 03, 2025
California gives victims of police misconduct the right to seek justice and hold law enforcement accountable for their actions. Knowing how long you have to file a police misconduct lawsuit in California is essential to the success of your case, as timing is critical.
Explore California’s police misconduct laws, important filing deadlines, and why you need a police misconduct attorney to help protect your rights.
Understanding Police Misconduct in California
Police officers have a certain authority when it comes to enforcing the laws and protecting citizens. However, this authority isn’t always executed responsibly. When an officer oversteps boundaries, it could fall under the category of police misconduct.
Some common types of police misconduct include:
- False arrest or unlawful detention
- Excessive force or brutality
- Suppression of evidence
- Violation of due process rights
- Racial profiling or discrimination
- Wrongful death
Victims of any of these circumstances may be able to file a claim under both state and federal laws to recover damages. These legal proceedings are also a great way to hold law enforcement accountable for their actions to prevent the same harm from happening to others in the future.
Recoverable Damages in a Police Misconduct Claim
Victims of police misconduct cases may be able to recover various forms of compensation. These can include:
- Medical bills or rehabilitation costs for injuries sustained
- Emotional distress or psychological trauma experienced
- Lost wages or future earning capacity
- Pain and suffering
- Property damages
- Punitive damages in cases where the conduct was willful or particularly egregious
These types of cases may also bring about policy changes and public accountability, which help prevent similar abuses in the future. Over the past decade, there has been over $3.2 billion paid out in police misconduct settlements in the United States. The average recovery was over $650,000 each.
How Long Do You Have to File a Police Misconduct Lawsuit in California?
The timeline for filing a police misconduct claim depends on who you file the claim against.
- Federal Civil Rights Claims. Here, you would follow California’s statute of limitations for filing a personal injury claim. That means you have two years from the date of the incident to file a civil claim.
- California Government Tort Claims Act. Claims against the government must be made within six months of the date of the incident.
- Wrongful death. If police misconduct resulted in a fatality, the loss falls under California’s two-year statute of limitations. Victims would still follow the Government Tort Claim procedures However, this holds a one-year statute of limitations.
How Greg Peacock Law Can Help
Greg Peacock Law is familiar with federal and California police misconduct laws. Our team can access critical evidence, such as body cam footage and internal reports, to help us further build your case and fight against large public entities.
Law enforcement agencies and city attorneys have strong legal teams and protection under qualified immunity. This can make going up against them particularly difficult. Greg Peacock Law works hard to protect your rights from the very first consultation.
Hire a Police Misconduct Lawyer Today
If you’ve been a victim of police abuse, it’s important to act quickly. But understanding how long you have to file a police misconduct lawsuit in California is only the first step. A knowledgeable police misconduct lawyer can evaluate your claim, file necessary paperwork, and fight aggressively for your rights.
Contact Greg Peacock Law today to hire a police misconduct lawyer and schedule a consultation. Let us hold responsible parties accountable for the damages they’ve caused you and give you some peace of mind during this troubling time.
