Legal Question in Civil Rights Law in California

civil litigation

My husband was assaulted on 5/19 from a neighbor named Chatman. As a result of this attacked he has suffer nerve damage, lost of hearing, weeakness in body. But on 5/27 Chatman attacked my husband the 2nd time and wanted to kill my husband but instead my husband killed him before Chatman got his gun out. Now my husband is found guilty of first degree murder of Chatman. He is appealing juries decision. Police never made an arrest even though my husband pressed charged. Is there a law that police don't have to make arrest if they don't want to? Is there a civil ligitation possibly for my husband to get compensation from the victim family? Is there a civil litigation against the police for not doing the job, civil right?


Asked on 6/13/09, 10:30 am

1 Answer from Attorneys
Jerold M. Gorski Law Offices of Jerold M. Gorski

Re: civil litigation

Generally, yes, the police are to enforce the law even if they don't agree with it, but there is, of course, great leeway. The civil liability of the decedent, if there is any, is overshadowed by the problem of your husband's conviction. Police are sometimes sued, but again, your husband's conviction stands in the way of both concerns.

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Answered on 6/18/09, 8:33 pm


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