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What are the time limitations for filing a suit for excessive/deadly force by police?

Fresno, CA |

If someone was involved in a chase that resulted in the police shooting at them multiple times and they sustained injury but were not arrested for a few days but now are in jail can a suit be filed? The Police claim this person has no injuries but they are being dishonest.

This person has not been mirandized, has yet to receive the discovery of evidence against them after requesting such information multiple times.

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Attorney answers 4


You have to file a complaint with the local governmental entity within six (6) months of the incident, in order to preserve a claim at the state level. For a federal claim, you, generally, have two (2) years. You/They need to contact a California civil rights attorney ASAP to further discuss the matter.



Since this is a current criminal case do I need to wait until criminal proceedings are resolved. I have been searching high and low to find an attorney that can handle both the civil/criminal, is that possible?

Malosack Berjis

Malosack Berjis


I'm sure there are attorneys who handle both the criminal and civil rights case.


Consult a California civil rights attorney immediately to protect your rights.


6 months for local claim, 24 months for federal. Retain one of the civil rights lawyers in your state above to investigate.


I agree with all of the attorneys above regarding the statute of limitation to file a claim against the city. The claim forms are usually online.

Consult a civil rights attorney immediately but judging from the facts provided. Here's a problem/missing element: what are that person's damages? He or she will have trouble proving dishonesty and damages. Dishonesty and conspiracy are very difficult to prove. You can file a claim, but it'll be hard to get a civil rights attorney to work on your case. It's not easy going against the city/county or state.

Good-luck though. :)

*Disclaimer: This response does not create an attorney-client relationship between you and I. I am not your lawyer and I am not representing you in the underlying issue stated in your question. The response I have offered is not intended to be relied upon, you should seek out an attorney to assist in this matter. You may contact me directly at (415) 362-6765 ext.120; website: (Attorney for Law Offices of William E. Weiss)

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