Can I sue a department or city for failing to properly investigate my fathers murder?

Question

Back in 2004 my father was brutally murdered outside his home he was shot 7x. It was a drive by shooting and there was some DNA evidence found a couple days later. Now 20 years later I was informed after calling the homicide dept to check the status of how to reopen his cold case that some some DNA evidence was overlooked and was submitted. I found out that the DNA evidence they had was from 20 years ago which was barely submitted last month. The DNA evidence was obtained three days after his murder. I asked the homicide detective how this could have been overlooked he informed me that he did not know that no one back then submitted this vital DNA for testing so it’s been sitting for twenty years now. For the last twenty years I’ve been dealing with this and to know this has barely been submitted when it was knowingly available to them makes me infuriated. The detective told me due to circumstance it wasn’t. I believe because my father wasn’t the best civilian at the time with an exten

James L. Arrasmith · Answer

I understand your frustration and anger over the mishandling of evidence in your father's murder case. This is certainly a difficult and painful situation.  
 
In general, it can be very challenging to successfully sue a government agency like a police department for negligence in an investigation. Police and prosecutors have fairly broad discretion in how they conduct investigations and prioritize cases.  
 
That said, there may still be some potential legal avenues to explore: 
 
1. You could consult with a civil rights attorney who specializes in cases against law enforcement. They can review the specifics of the case and advise if there are any viable claims of serious misconduct that deprived your father of his constitutional rights. 
 
2. If there is reason to believe the mishandling of evidence was due to discriminatory reasons (e.g. your father's race, criminal history, socioeconomic status, etc.), that could potentially form the basis of an equal protection claim. But proving discriminatory intent is very difficult. 
 
3. You could file a complaint with the police department's internal affairs division and/or civilian oversight board (if one exists) about the mishandling of the evidence. This likely won't result in any personal compensation, but it could spur an internal investigation and disciplinary action. 
 
4. Lobby and advocate to your local elected officials, the district attorney's office, and in the media to draw attention to the case and put pressure on the police to properly investigate now that the DNA evidence has come to light. 
 
Realistically, a lawsuit against the police faces very long odds. Qualified immunity shields officers from most civil suits. You'd likely need to show an egregious pattern of misconduct and civil rights violations, not just individual negligence. 
 
I'm so sorry for your loss and the re-traumatization of learning about this mishandled evidence. Consider seeking support from victims' advocacy organizations and counseling services as you process this and weigh your options. Wishing you healing and justice as you continue to pursue answers.

Q: Can I sue a department or city for failing to properly investigate my fathers murder?