Legal Question in Civil Rights Law in California
While I was in jail my ex-girlfriend's boyfriend who is a cop downloaded all my phone calls and gave her a disc with them on it. is this a violation of my civil rights and what is the statue of limitations to file a suit. When I asked the D.A. Office why this happened they just said that an officer overstepped his authority as he had nothing to do with my case.
2 Answers from Attorneys
Yes, it is also violation of the California Penal Code probably. I suspect you would have to file a claim with the employing public entity within 6 months of it occurring or your finding out it occurred. If that time period has passes, but it is less than a year, you would have to file a petition for relief from late claim statute.
Mr. Shers is correct if you want to sue the government agency where the officer works. You have two years to sue the officer in civil court, since his actions were probably not in the course and scope of his empllyoment and therefore the police dept is not responsible.
You should also report the officer to the commanding officer in the police dept, since it is a serious violation of your privacy rights and the officer should be punished.
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