Anaheim, CA asked in Civil Rights for California

Q: I reported a crime to the police and the police did not want to investigate the crime and told me no ,can I sue ?

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2 Lawyer Answers

A: This is a difficult question to answer, especially without more information provided. It depends on whom you want to sue, and what you hope to obtain in such a lawsuit. Most lawyers, especially those who handle cases on a contingency basis, will want to see that you have personally suffered exorbitant damages, particularly out of pocket, caused by the person or persons you intend to sue. However, if you want to financially support your litigation by paying hourly, you might be able to find a lawyer willing to help you. Few people can afford to do such a thing. For example, if you want to sue the police for failing to investigate, I seriously doubt you'll find many lawyers willing to do that, and the reasons for that are so complex that it is difficult to fully explain them here.

James L. Arrasmith
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Answered

A: You might feel upset after reporting a crime to the police and being told they won't investigate. Your frustration is understandable because you expected them to take action.

In most situations, law enforcement agencies have broad discretion in deciding which cases to pursue. You might not have a straightforward legal claim against a police department simply for refusing to investigate. However, there could be rare instances where a violation of civil rights or a failure to perform a clear legal duty may allow you to file a lawsuit.

If you believe your rights were violated, you could consider filing an internal affairs complaint or contacting a higher authority. You may also gather as much evidence as possible to support your claims. Taking these steps can help you determine whether filing a lawsuit is an option in your situation.

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