How to File a Civil Rights Complaint in California: Steps Victims Should Take After a Violation

Every person in California — regardless of background, status, or circumstance — has constitutional rights. These rights protect you from discrimination, unlawful detention, excessive force, retaliation, and mistreatment by government officials or institutions.

But when those rights are violated, many victims don’t know where to start. They’re often intimidated by bureaucracy, confused by deadlines, or afraid of retaliation.

At the Law Offices of Christian Contreras, PLC, we guide victims through every step of the civil rights complaint process — from identifying the violation to filing formal claims and, when necessary, taking the case to court.

What Is a Civil Rights Violation?

Civil rights violations happen when a person in authority — such as a police officer, jail staff member, employer, or public institution — infringes upon your legal or constitutional protections.

Common examples include:

• Excessive force or police brutality
• Wrongful arrest or detention without probable cause
• Racial, gender, or religious discrimination in employment or housing
• Retaliation for exercising free speech or protesting
• Neglect or abuse in jails, prisons, or detention centers
• Denial of medical care while in custody

These acts may violate both federal law (like the U.S. Constitution and 42 U.S.C. § 1983) and California’s own civil rights laws, including the Bane Act and the Fair Employment and Housing Act (FEHA).

Step 1: Document Everything

The most powerful evidence in any civil rights case begins with documentation. As soon as the violation occurs:

1. Write down the details — date, time, location, and names or badge numbers of everyone involved.
2. Preserve physical evidence — photos, videos, injuries, or damaged property.
3. Keep communications — emails, texts, or reports that show discrimination or misconduct.
4. Identify witnesses — anyone who saw or heard what happened.

Thorough records make it harder for agencies to deny wrongdoing later.

Step 2: File an Internal Complaint (When Applicable)

If your civil rights were violated by a government agency, the first step is often to file an internal complaint.

For example:

• Police misconduct: File with the department’s Internal Affairs Division or Civilian Oversight Commission.
• Employment discrimination: File with the California Civil Rights Department (CRD) or the EEOC (Equal Employment Opportunity Commission).
• Housing discrimination: File with HUD (U.S. Department of Housing and Urban Development) or the CRD.

Internal complaints establish an official record of the violation — and can strengthen your future lawsuit.

Step 3: File a Government Claim (for Public Entities)

If your claim involves a city, county, or state agency, California law requires that you file a Government Claim before suing.

Under the California Government Claims Act (Gov. Code § 910 et seq.):

• You must file the claim within six months of the incident.
• The agency then has 45 days to respond.
• If the claim is denied, you may file a lawsuit in state or federal court.

Missing this deadline can permanently bar your right to compensation — so it’s critical to act quickly with the help of an attorney.

Step 4: File a Civil Rights Complaint with State or Federal Agencies

Depending on the nature of your case, you may also need to file with other agencies:

• California Civil Rights Department (CRD): Handles discrimination, harassment, and retaliation complaints.
• U.S. Department of Justice (DOJ): Investigates systemic civil rights violations.
• Civilian Oversight or Inspector General Offices: Review police and jail misconduct.

These agencies may investigate or mediate your complaint — or issue a “right-to-sue” letter, allowing you to take your case to court.

Step 5: File a Civil Lawsuit

Once administrative requirements are met, your attorney can file a civil lawsuit in state or federal court.

Depending on your case, your lawsuit may include:

• Federal claims under 42 U.S.C. § 1983 (for constitutional violations)
• State civil rights claims under the Bane Act (Civil Code § 52.1)
• Employment discrimination claims under FEHA
• Personal injury or wrongful death claims

These cases can result in damages for emotional distress, lost wages, pain and suffering, and punitive damages — and often lead to institutional reform.

Step 6: Work with an Experienced Civil Rights Attorney

Civil rights litigation is complex. Government agencies have teams of lawyers trained to avoid liability. To win, you need a lawyer who understands both the law and the system.

An experienced civil rights attorney like Christian Contreras can:

• Investigate independently and obtain body camera or surveillance footage.
• Subpoena internal records that agencies try to hide.
• Protect clients from retaliation or intimidation.
• Negotiate settlements or take cases to trial when justice demands it.

The right attorney ensures your story is heard — and your rights are fully protected.

Christian Contreras: Fighting for Justice Across California

Christian Contreras has built a distinguished career representing victims of civil rights violations, police misconduct, and wrongful death throughout California. His firm — recognized by the Daily Journal as a Top Boutique Law Firm (2024) — has achieved major victories, including:

• $6,000,000 jury verdict in a police shooting case.
• $3,300,000 verdict in a jail death case.
• $8,500,000 settlement in another in-custody neglect case.

A member of the American Board of Trial Advocates (ABOTA), Christian combines courtroom expertise with a deep commitment to reform, transparency, and community empowerment.

Why Filing a Complaint Matters

Filing a civil rights complaint isn’t just about your individual case — it’s about ensuring that no one else suffers the same injustice.

Each complaint:

• Builds a record of misconduct and patterns of abuse.
• Holds officials accountable to the public they serve.
• Forces agencies to adopt better training and oversight.
• Sends a message that no violation will go unchallenged.

Justice begins with the courage to act.

Conclusion: Protecting Your Rights Starts Now

When your rights are violated, silence only protects the abuser — not the victim. California law gives you the power to fight back, but deadlines are short and the process can be overwhelming without legal guidance.

At the Law Offices of Christian Contreras, PLC, we help victims of discrimination, abuse, and misconduct file complaints, navigate investigations, and win justice in court. Our team stands beside you every step of the way — ensuring your voice is heard and your rights are protected.

If you believe your civil rights have been violated, don’t wait. Contact our firm today for a confidential consultation.

📞 Call now or visit www.ChristianContrerasLaw.com — because your rights are worth fighting for, and justice begins with action.