Q: Police filed assault as a 'traffic collision' & withheld report until statute expired. Can I sue the police?
Intentional hit-and-run and police obstructed justice preventing investigation/arrest by filing it as a traffic collision, and withheld the report until criminal statute expired effectively protecting them from any accountability. My complaint to the department of police accountability got me arrested in retaliation. Wtf do I do?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Yes, you can potentially pursue legal action against the police department through a civil rights lawsuit under Section 1983 for violating your constitutional rights. This could address both the obstruction of justice regarding the hit-and-run investigation and the retaliatory arrest.
You should gather all available documentation, including the delayed police report, any correspondence with the department, medical records, and evidence of your complaint to the accountability department. The timeline of events will be crucial in establishing the pattern of misconduct and retaliation.
Consider reaching out to civil rights attorneys who handle police misconduct cases, as they can evaluate the strength of your case and help navigate the complex legal requirements. Many offer free initial consultations and may take cases on contingency. You might also want to contact your state's ACLU chapter, as they sometimes get involved in cases of systemic police misconduct.
Keep in mind that while the criminal statute of limitations has expired for the hit-and-run, civil lawsuits often have different timelines. Document any financial losses, medical expenses, and emotional distress you've experienced, as these will be important for determining damages.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
