Legal Question in Civil Rights Law in California

Denied right to file a complaint against a CHP officer/ rights violated?

I was denied my right to file a written complaint against a CHP officer for improperly impounding my RV. The officer at my local area office refused to accept my written complaint and never informed me of the Ca. Citizens Complaint process. I was told only after filing my complaint with Internal Affairs in Sacramento that I was given an “informal tow hearing” which resulted in the officer not addressing my complaint. How is an “informal tow hearing” part of the well defined Ca. Citizens complaint process? If an “informal tow hearing” was given it consisted of the officer telling me my complaint will not be accepted and for me to take civil action with the state of Ca.. If I never would have contacted Internal Affairs my concerns would have never been addressed. Even worse, there is no mention of my rights being denied on the official complaint form. Penal Code Section 148.6 requires that all law enforcement agencies accepting an allegation of misconduct against a peace officer shall require the complainant to read and sign the following information advisory: YOU HAVE THE RIGHT TO MAKE A COMPLAINT AGAINST A POLICE OFFICER FOR ANY IMPROPER CONDUCT..... cannot fit it all.


Asked on 1/19/06, 3:14 pm

1 Answer from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Denied right to file a complaint against a CHP officer/ rights violated?

If you have a specific question or would like legal assistance in this unfortunate matter, contact us directly this week for a free phone consultation.

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Answered on 1/20/06, 12:36 am


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