Civil Liability Lawsuits

INTRODUCTION

This paper provides an overview of police civil liability issues in California under federal law (42 U.S.C. section 1983) and state law. Preliminary matters such as whether to remove the case to federal court, the pre-lawsuit claim requirement, and the applicable statute of limitations are discussed first. After reviewing the threshold liability issue of duty, including whether a “special relationship” with an officer arises, the paper turns to claims involving detention, arrest, search, use of force, retaliation, and discrimination. Liability issues arising out of cases involving taking a person into protective custody under Welfare and Institutions Code section 5150 are discussed in some detail in light of the recent cases of Hayes v. County of San Diego and Sheehan v. City and County of San Francisco. California civil rights laws that arise in police civil liability cases, such as Civil Code sections 51.7 and 52.1 and the California Constitution, are also discussed. The paper then turns to the defenses of