Suing Government Entities for Civil Rights Violations in California: What You Need to Know

When your civil rights are violated by police or other government agencies in California, you have the right to seek justice. But suing a government entity—such as a police department, city, county, or state agency—is more complex than suing a private individual. California has special procedures, strict deadlines, and unique legal hurdles for these cases. Understanding the process is essential for protecting your rights and maximizing your chances of success.

What Is a Civil Rights Violation?

A civil rights violation occurs when a government official or agency violates your constitutional or legal rights. Common examples include:

• Excessive force or police brutality
• False arrest or wrongful imprisonment
• Racial profiling or discrimination
• Retaliation for exercising free speech
• Unlawful searches and seizures
• Deliberate indifference to medical needs in jail

If you or a loved one has suffered harm because of government misconduct, you may have grounds for a lawsuit.

The Legal Process for Suing Government Entities

1. Filing a Government Claim

Before you can sue most government agencies in California, you must file an official “Government Claim” under the California Tort Claims Act (CTCA). This step puts the agency on notice and gives them a chance to resolve the matter without a lawsuit.

Key requirements:

• Deadline: You generally have 6 months from the date of the incident to file your claim.
• Where to file: Submit your claim to the agency responsible (police department, city, county, or state office).
• Information needed: Provide as much detail as possible—names, dates, what happened, and the harm you suffered.

Failure to file a timely claim usually bars you from suing in court.

2. Agency Response

The agency must respond within 45 days. They may:

• Accept your claim and pay damages (rare)
• Reject your claim (most common)
• Ignore your claim (considered rejected after 45 days)

Once rejected, you have another limited time—usually 6 months from the date of rejection—to file a lawsuit in civil court.

3. Filing a Civil Rights Lawsuit

After your claim is rejected, you can file a lawsuit in state or federal court. You can sue for:

• Money damages (medical bills, lost wages, pain and suffering)
• Injunctive relief (court orders to change police practices or policies)
• Attorney’s fees

In some cases, you may also bring a claim under federal law (42 U.S.C. § 1983) for violations of constitutional rights.

Challenges in Suing Government Agencies

• Immunity Defenses: Government agencies and officials often claim “immunity,” arguing they cannot be sued for certain acts. Some immunities are absolute; others can be overcome with strong evidence.
• Short Deadlines: Missing a filing deadline—even by a few days—can end your case before it begins.
• Burden of Proof: You must show that your rights were clearly violated and that the agency or officials were responsible.
• Complex Procedures: Civil rights lawsuits require detailed evidence, expert testimony, and careful compliance with procedural rules.

These challenges make it critical to seek skilled legal help as soon as possible.

What Evidence Do You Need?

Success in civil rights cases depends on strong, credible evidence, such as:

• Videos (body camera, cell phone, surveillance)
• Police reports and internal investigations
• Medical records
• Witness statements
• Officer disciplinary records (if available)
• Emails, text messages, or other documentation

A civil rights attorney can help you obtain and preserve crucial evidence, including records the agency might try to withhold.

Frequently Asked Questions

Can I sue the police if I was never charged with a crime?
Yes. Whether or not you were charged, you can sue if your rights were violated.

What if my claim is denied?
Most claims are denied. You still have the right to file a lawsuit in court within the allowed time.

Do I need a lawyer to sue the government?
While not required, suing a government agency is extremely complex. An experienced attorney greatly improves your chances of success and can help you avoid costly mistakes.

How long do these cases take?
Civil rights lawsuits against government entities can take a year or more, depending on the complexity and willingness of the agency to settle.

The Christian Contreras Firm: Taking on Government Agencies for Justice

At The Christian Contreras Firm, we have extensive experience suing police departments, jails, and other government entities for civil rights violations. We guide clients through every step—from filing government claims to gathering evidence, negotiating settlements, and going to trial if necessary. Our team is committed to standing up to powerful agencies and fighting for your rights.

Take Action Now—Protect Your Rights and Pursue Justice

If you or a loved one has suffered a civil rights violation by a government agency in California, don’t wait. Deadlines are short, and evidence can disappear quickly. Contact The Christian Contreras Firm today for a free consultation and the legal support you need to hold the government accountable.