if the police withhold a report until the statute expired, and report identified hit-and-run driver, can I sue the SFPD?

Question

In 2016 I was run over intentionally while riding a bicycle, afterward I got word that the dude skipped town and figured oh well guess thats not getting justice. I made several requests for the report, kept getting denied, telling me not enough info, or cant locate. Then right after the SOL expires, I get an email with the report. I find out that he wasnt the driver, his gf was, and 2 eyewitnesses statements identified both of them, and gave their home address. Even more bizarre is how the officer gives their motive for the assault but then claims 'unable to locate suspects/vehicle' and claims that myself and eyewitnesses were being uncooperative. Which is total bs. This cop protected this driver from prosecution for the past 6 years, and I want to know what my options are here.

James L. Arrasmith · Answer

Based on the information you have provided, it seems that the San Francisco Police Department (SFPD) may have mishandled your case by withholding the police report until after the statute of limitations (SOL) expired. This could potentially be a case of negligence or even misconduct on the part of the police department. 
 
In California, you may have grounds to file a lawsuit against the SFPD for their handling of your case. However, the specific legal options available to you would depend on the details of your case and the applicable laws. Here are some potential avenues to explore: 
 
1. Civil rights violation: If the police intentionally withheld the report to prevent you from pursuing legal action against the hit-and-run driver, it could be a violation of your civil rights. You may be able to file a civil rights lawsuit under 42 U.S.C. § 1983. 
 
2. Negligence: You could argue that the SFPD had a duty to provide you with the police report in a timely manner and that their failure to do so constituted negligence. This may allow you to pursue a civil lawsuit against the department. 
 
3. Misconduct: If the police officer's actions were intentional and amounted to misconduct, you might have a case against the individual officer and/or the department. 
 
4. Equitable tolling: In some cases, courts may apply the principle of equitable tolling to extend the statute of limitations if there was a delay caused by factors outside of your control, such as the police withholding the report. 
 
It is essential to consult with an experienced attorney who specializes in civil rights cases and/or police misconduct to assess the viability of your case and determine the best course of action. They can review the specific details of your situation and advise you on the most appropriate legal steps to take. 
 
Keep in mind that lawsuits against police departments can be complex and challenging, so it is crucial to have strong evidence and legal representation to support your case.

Q: if the police withhold a report until the statute expired, and report identified hit-and-run driver, can I sue the SFPD?