Police Misconduct Cases
There is increasing publicity about the militarization of local police in the local media. For the most part law enforcement officers protect and serve the citizens and do an outstanding job. But sometimes they get it wrong. A bad consequence of the drug wars is that legitimate medical marijuana patients may be arrested, their home destroyed and their medicine taken by the police. A warrant may have the wrong address. Someone may be arrested without good cause. Sometimes innocent people are put at risk and harmed by well intentioned police actions that have gone wrong. When someone is injured as a result of wrongful government or police action, there is a right to bring a claim for compensation and for the return of property. A claim for civil rights liability, such as excessive force by the police or false arrest, is based in 42 U.S.C. § 1983.
Because claims for excessive force or false arrest are brought against the government, a very brief statute of limitations may apply to bar the case unless it is timely brought. Under California Government Code Section 910 there is only six (6) months from the date of the “accrual of the cause of action” to file a claim for damages.
Because of the complexities of cases involving claims against the government and the short statute of limitations, it is imperative to obtain legal representation immediately if you have been wrongfully harmed by police action. It is important not to make statements to the police or anyone else without your attorney present. It is also important to document what has occurred with photographs, videos, contact information for witnesses and any other independent records of the incident.
E. Wicker Law Office is available for a free consultation if you have been falsely arrested, are a victim of excessive force or have wrongfully had your medical marijuana or other property seized without good cause.