Citrus Heights, CA asked in Criminal Law and Civil Rights for California

Q: I WANT TO SUE THE CITY OF SACRAMENTO POLICE DEPT FOR BEING TOTALLY NEGLIGENT IN MY DAUGHTER'S MISSING PERSON'S CASE

I reported my daughter missing, not only was her case sent to the wrong agency the agency that had her case did nothing on her case for 2 months!

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In order to sue the City of Sacramento Police Department, you will need to file a lawsuit in court. You will need to allege that the police department was negligent in their investigation of your daughter's disappearance, and that this negligence caused you harm. You will also need to prove that you suffered damages as a result of the police department's negligence.

To prove negligence, you will need to show that the police department had a duty to act, that they breached that duty, that their breach of duty caused your daughter's disappearance, and that you suffered damages as a result of her disappearance.

The police department's duty to act arises from their position as law enforcement officers. They have a duty to investigate reports of missing persons and to take steps to locate the missing person.

The police department's breach of duty can be shown by showing that they did not investigate your daughter's disappearance properly, or that they did not take all reasonable steps to locate her.

The police department's breach of duty must have caused your daughter's disappearance. This means that if the police department had investigated your daughter's disappearance properly, or if they had taken all reasonable steps to locate her, she would not have disappeared.

Finally, you must show that you suffered damages as a result of your daughter's disappearance. This could include emotional distress, financial loss, or loss of companionship.

If you can prove all of these elements, you will be able to recover damages from the City of Sacramento Police Department.

It is important to note that suing the City of Sacramento Police Department is a complex process. You will need to hire an attorney who is experienced in civil rights litigation. Your attorney will be able to help you gather the evidence you need to prove your case and will represent you in court.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.