Suing a California Police Department for Wrongful Death: Excessive Force, the Bane Act, and 6-Month Deadlines

When a family member dies at the hands of law enforcement due to excessive force or blatant negligence, the emotional trauma is magnified by a complex and often hostile legal system. Suing a government entity in California is entirely different from suing a private citizen or corporation. Whether the tragic incident involved the LAPD in Los Angeles, the SFPD in San Francisco, or a County Sheriff's department in Bakersfield, government agencies are shielded by powerful legal immunities. Piercing that shield requires combining aggressive state civil rights claims, like the Tom Bane Act, with federal constitutional claims. More importantly, the deadlines are brutally short. This guide outlines how to navigate these turbulent legal waters. Because civil rights litigation is a highly specialized field, we strongly encourage you to use our directory to find a formidable local civil rights attorney immediately.

Step-by-Step Process to Sue a California Police Department

Failing to follow exact administrative procedures will result in your case being thrown out of a California Superior Court or Federal District Court before it even begins.

Step 1: Beating the 6-Month Deadline (Tort Claims Act)

Under the California Tort Claims Act, Cal. Gov't Code § 810 et seq., you cannot simply walk into court and sue a police department. You must first file a formal Form DGS ORIM 006, California, Department of General Services, Government Claim Form (or the specific local municipality claim form) directly with the relevant public agency pursuant to Cal. Gov't Code § 910. You have exactly six months from the date of the death under Cal. Gov't Code § 911.2 to submit this paperwork. If you miss this deadline, state law claims are typically barred forever.

Step 2: Wait for the Agency's Rejection

Once you submit the claim, the government agency has 45 days to respond. In almost all police wrongful death cases, the city or county will explicitly reject the claim. Once you receive the formal rejection letter, you are officially cleared to file a lawsuit in the civil court system.

Step 3: Filing the Civil Rights Lawsuit

Your attorney will draft a comprehensive lawsuit that usually includes both state claims and federal claims. Depending on the legal strategy, this complaint might be filed in the local Superior Court or elevated to federal court, such as the U.S. District Court for the Central District of California, Los Angeles.

Step 4: Defeating Qualified Immunity

The hardest part of the litigation phase is overcoming "qualified immunity," a legal doctrine that protects police officers from being sued unless they violated a "clearly established" constitutional right. Your legal team will demand body camera footage, internal affairs reports, and dispatch audio during the discovery phase to prove the officer's actions were objectively unreasonable.

Specific Civil Rights Wrongful Death Scenarios

Police Shootings and Excessive Force

When an officer uses lethal force, the court will evaluate if the officer reasonably believed their life, or the lives of others, were in immediate danger. If a victim was unarmed, fleeing, or complying with commands, and an officer still used lethal force, the surviving family can pursue damages under federal 42 U.S.C. § 1983 for a violation of the Fourth Amendment (unreasonable seizure).

Positional Asphyxia During Arrest

A tragic number of in-custody deaths happen because officers place heavy weight on a suspect's back while they are prone and handcuffed, leading to positional asphyxia (suffocation). Families can argue that the officers failed to follow standard department training protocols regarding the immediate medical monitoring and repositioning of restrained suspects.

High-Speed Pursuit Bystanders

If a police pursuit results in a fleeing suspect colliding with an innocent bystander in Sacramento or San Diego, pursuing a claim against the police department faces formidable statutory hurdles. Under Cal. Veh. Code § 17004.7, a public agency is granted complete civil immunity for injuries or death caused by a fleeing suspect if the agency has adopted a compliant written pursuit policy and provides regular annual pursuit training to its officers. As established by the California Supreme Court in Ramirez v. City of Gardena, 5 Cal. 5th 995 (CA Supreme Court 2018), this entity immunity shields the department even if the pursuing officer violated the internal pursuit policy during the specific incident. Consequently, a claim against the department under California law requires proving that the agency failed to adopt a policy satisfying statutory standards or failed to provide mandatory annual officer training.

The Tom Bane Civil Rights Act

Alongside federal Section 1983 claims, a powerful tool in California is the Tom Bane Civil Rights Act (Cal. Civ. Code § 52.1). This state law allows families to sue if a police officer interfered with a victim's constitutional rights through "threats, intimidation, or coercion." Unlike some federal laws, a successful Bane Act claim allows the judge to order the police department to pay all of your attorney's fees if you win, which heavily incentivizes cities to settle out of court.

How Much Does it Cost in California?

Civil rights attorneys almost always work on a contingency fee basis, meaning you pay no upfront legal fees.

How Long Does the Process Take?

Police wrongful death cases are some of the hardest fought legal battles in the United States. While the initial government claim must be filed within 6 months, the actual lawsuit can drag on for years. Because cities aggressively defend their officers and often appeal decisions regarding qualified immunity, you should expect the entire legal process to take anywhere from 2 to 5 years before reaching a settlement or a final jury verdict in federal court.

Frequently Asked Questions (FAQ)