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Can a police department in California be sued for wrongful arrest?

Asked almost 3 years ago - Red Bluff, CA

I am a deaf 42 year old woman. I called 911 through the relay system to ask for an ambulance for my friend because she was drunk and out of control, had fallen on her face and was bleeding badly and fighting me when I tried to help her. I waited outside for the ambulance. The Sheriff came first, accused me of hitting my friend, and arrested me. I couldn't communicate with my hands handcuffed behind my back, I was very scared. They took me to jail. I obviously couldnt make a phone call, and it was 9 hours before they agreed to call my Mom for me. Another 8 hours before they agreed to let me use the tty phone,
At court, the DA dropped the charges, but the trauma I went through was terrible, also the cost of bail was a real burden. I feel my civil rights were ignored.

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Attorney answers (2)

Robert Lee Marshall

Reputation Level 20

Answered over 2 years ago. Criminal Defense Attorney in Chico, CA.

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How long ago did this happen? In order to sue a government agency, you must file a claim within certain time periods. They usually reject these claims, but you have to go through the claim process before you can sue.

You may also be able to sue for civil rights violations in Federal court, where procedures are even more complicated than in State courts.

In order to win a lawsuit, you would have to prove the officers' actions were unreasonable. (Since I'm in Chico, I know that Tehama County cops aren't the most reasonable around, but I doubt the court would let me testify to that!) If they had good reason to believe that you had injured your friend, they would probably be justified in arresting you. Drunk people often make wild claims.

Keep in mind that suing someone is a long, grueling process that will prolong the trauma you felt.

Suing someone is almost as bad as getting sued, as the philosopher Voltaire said:

“I was never ruined but twice - once when I lost a lawsuit, once when I won one.”

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L. Maxwell Taylor

Reputation Level 17

Answered almost 3 years ago. Appeals Lawyer in Middlebury, VT.

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I am not licensed to practice law in California so the following should not be taken as legal advice, but simply as information based on general principles which is intended to educate. If you need legal advice, please consult a lawyer who holds California licensure.

There exists some Federal case law applying the Americans With Disabilities Act to arrests. If your deafness was a factor in your arrest, i.e., if (for example) the fact of your deafness played a role in the Sheriff's decision to arrest you, or if your deafness was not accommodated in your arrest, Federal law may provide you a remedy. I believe there are several Federal decisions involving the wrongful arrest of deaf people in which their mode or manner of communicating was misunderstood and which played a role in the law enforcement officer's decision to arrest them.

There is also a reported wrongful arrest decision involving, not deafness, but a circumstance in which a driver was pulled over and spoke in a slurred fashion as the result of a prior stroke. That slurring was misinterpreted as drunkenness and resulted in an arrest. I believe the court held that the arrested man had a claim under the Americans With Disabilities Act because he had suffered discrimination as a result of his disability. The rationale of that decision may apply to deaf persons whose mode and manner of communication has been misunderstood, and played a role in the decision to arrest them.

I do not know on what evidence the sheriff determined that you were somehow to blame for your friend's condition, but if the sheriff's determination to arrest you was based to any degree on the fact of your deafness or your mode or manner of communicating as a deaf person, a colorable claim may exist against the sheriff, or his department, under the Americans With Disabilities Act.

You should contact a lawyer who holds California licensure and who litigates civil rights cases and/or disability rights cases. You may want to contact the bar association in the county where you live to see if they will refer you to appropriate counsel to evaluate this matter.

Good luck.

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