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Practice Areas • Practices • Police Brutality in California: What Are Your Rights?

The Chandra Law Firm LLC has a track record in obtaining justice for victims of police misconduct.

What counts as police brutality?

Police brutality includes any use of force that’s "objectively unreasonable" under the circumstances. That violates the Fourth Amendment to the Constitution. Examples include:

  • Beating someone who isn’t resisting,

  • Using tasers or pepper spray on a handcuffed or surrendering suspect,

  • Choking or kneeling on a suspect’s neck, and

  • Firing a gun at an unarmed person.

What’s objectively unreasonable depends on the facts:

  • whether there was a real threat to the officer or bystanders,

  • how much force was used, and

  • whether a person was already restrained.

The key is whether the officer’s actions were excessive—not just whether someone was injured as a result.

The U.S. Supreme Court has held that it won't allow federal courts to let cases proceed based on hindsight. What matters is the perspective of a reasonable officer at the scene, in the moment.

What laws protect you?

You may have a claim under:

  • The U.S. Constitution, through the Fourth Amendment's prohibition against unreasonable searches and seizures, and a federal civil-rights law called Section 1983 (42 U.S.C. § 1983).

  • California’s Bane Act, which protects against threats, intimidation, and coercion by government officials. That includes police officers.

If the police caused physical injury, you may also have a personal-injury claim under California tort law. But special rules apply when you sue a government agency.

Can you sue the police?

Yes. But you must act fast.

If you're suing for a federal constitutional violation, you must sue within two years of the incident.

So also, if you’re suing under California law, you usually must generally file sue within two years of the incident. But you may have to first submit a claim to the government within six months of the incident. As explained below, you must to a lawyer as soon as possible to avoid losing.

These are strict deadlines. If you miss the deadlines, you may lose your right to sue.

What damages can you recover?

Depending on the facts and circumstances, damages can include:

  • Medical and psychological-treatment expenses,

  • Lost income,

  • Pain and suffering,

  • Emotional distress,

  • Reputational harm,
  • Punitive damages (in some cases), and

  • Attorney fees and costs.

Families who lose a loved one to police violence may also file a wrongful-death claim.

What should you do next?

  • Obtain medical and psychological help—and keep all health records.
  • Have photos taken of your injuries.

  • Create a detailed chronology, writing down everything you remember.

  • Don’t talk to police investigators without a lawyer.

  • Contact experienced civil-rights attorneys who know federal and California law.

As you'll see from the linked news releases on this page, we at The Chandra Law Firm, have fought—and secured compensation for—serious police-brutality cases across America. Led by former federal prosecutor and Cleveland law director Subodh Chandra, who once defended the cities of Los Angeles, Beverly Hills, and Cleveland in such matters, we have the experience to understand the pitfalls in such cases—and there are many. We can help you stand up for your rights. We are more likely to take on cases where the measurable damages are significant, like cases involving serious bodily injury or death.

Please contact us with the details of your matter.

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