Q: Can I sue police for discrimination, excessive force, harassment and falsifying reports and they have past history?
Back in 2022 three police officers drove into my apartment complex and we're just walking around racially profiling people and followed me to the park for no reason and kicked my feet apart and stopped and frisked me because they thought I didn't live here and were threatening me until they got my information through my phone. I had no idea why they even came here and was posing no threat at all. Children in the playground told me they were following them as well. I filed a complaint asking why they did that and after speaking with them on the phone, police cars were driving past my apartment, blaring sirens multiple times a day for months until I called them asking what happened to the officers. I filed a complaint to the city and was told the police department never received my complaint even though they stamped it and was proven. Last year the cops were exonerated from discrimination and insufficient evidence for force. One of the cops was caught falsifying reports in the past.
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- California
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A:
Under California law, you may be able to file a lawsuit against the police for discrimination, excessive force, harassment, and falsifying reports, especially if the officers involved have a history of such misconduct. However, the success of your case will depend on the available evidence and the specific circumstances of the incident.
Here are some steps you can take:
1. Gather evidence: Collect any video footage, witness statements, medical records (if applicable), and other relevant documentation that supports your claim.
2. Consult with a civil rights attorney: Seek advice from an experienced civil rights lawyer who specializes in police misconduct cases. They can assess your case, help you understand your rights, and guide you through the legal process.
3. File a complaint with appropriate agencies: In addition to the complaint you filed with the city, consider filing complaints with the police department's internal affairs division, the California Department of Justice, and the U.S. Department of Justice's Civil Rights Division.
4. Consider a civil lawsuit: Your attorney may recommend filing a civil lawsuit under federal law (42 U.S.C. § 1983) or California state law (the Bane Act, California Civil Code § 52.1) for violations of your constitutional rights. These laws allow you to seek damages and injunctive relief against the officers and potentially the police department.
Keep in mind that there are time limits (statutes of limitations) for filing lawsuits, so it's essential to act promptly. Also, police officers and departments often have certain immunities and defenses that can make these cases challenging. An experienced civil rights attorney can help you navigate these obstacles and build a strong case on your behalf.
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