If a police officer in Chula Vista, CA engages in an act of misconduct that causes someone to suffer an injury, that individual may be entitled to recover compensation for their pain and suffering, medical expenses, and more. Individuals can potentially recover compensation for this and other damages by bringing a case against the public entity.
Before a person can start their case (i.e. file a lawsuit), the California Tort Claims Act requires that they follow a specific process.
What process must a victim of police brutality follow before they can file a lawsuit?
According to the California Tort Claims Act, individuals must file a written claim against the agency within six months of them suffering an injury. If an individual would like help with getting their claim filed, they can contact a Chula Vista, CA police brutality attorney for help.
Generally, once a claim is filed against a public entity such as a police department, the agency can choose to settle the claim by providing the victim with financial relief. This can be done privately and outside of the courtroom. In the event a police brutality victim is unable to recover anything after filing a claim, they can then file their civil lawsuit.
Filing a Civil Lawsuit Against a Police Agency in California
Victims of police misconduct may be entitled to recover various damages if their civil lawsuit is successful. Of course, the victim will be expected to show that the officer engaged in one or more acts of misconduct and that act is what caused them to suffer an injury. For example, if an officer came in contact with someone and became aggressive and violent toward them during the encounter despite the fact that they were complying with officer commands, this could be recognized as a form of misconduct.
While officers are permitted to apply force, even deadly force, they cannot apply more force than what is necessary. Of course, an officer could say they felt their life was being threatened in an effort to justify their behavior, but that is where having a skilled Chula Vista, CA police brutality attorney can be helpful. Because most officers aren’t going to admit they did something wrong, it is left up to a victim or their lawyer to gather evidence to show the officer did, in fact, engage in an act of misconduct.
For instance, a CA police brutality lawyer might request body cam and dash cam footage to review, collect witness statements, and even hire a medical expert to assess the injuries the victim suffered to prove the officer was out of line and abusing their right to apply force.
Hiring a Police Brutality Lawyer in Chula Vista
The process in which an individual must follow to sue a police department in California can be difficult to understand, and therefore, individuals are encouraged to contact The Law Offices of Bruce S. Meth for legal help with this. The Law Offices of Bruce S. Meth can assess an individual’s case to determine if they have the grounds to sue and can even provide them with an estimate for what their case might be worth.
The Law Offices of Bruce S. Meth can be reached at:
Phone: (619) 691-8942
Email: [email protected]
Chula Vista Office
815 Third Ave., Ste. 115
Chula Vista, CA 91911
Mission Valley Office
1761 Hotel Court, Suite 250
San Diego, CA 92108