Legal Question in Civil Rights Law in California

Should a police officer in the state of Calefornia neglect fourth amandement, and get sued for the sum of 1,000,000$ Is the employer (Chief of Police, and/or police department) liable? If so can the liability be shifted to the cop in question?


Asked on 7/12/11, 2:44 pm

2 Answers from Attorneys
Joe Marman Law Office of Joseph Marman

Yes, to all of that depending on the circumstances.

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Answered on 7/12/11, 3:02 pm
Terry A. Nelson Nelson & Lawless

1. In CA you don't sue "for the sum of 1,000,000$" or any other specific amount in a Superior Court action. You request 'subject to proof' damages, which is all you are going to get if you win.

2. Police agencies and officers, like all government employees, are immune from suit, unless plaintiff can demonstrate intentional and willful conduct by an officer outside the scope of their authority. If so, then the agency may be liable in addition to the officer. The 'chief of police' is not an employer, the agency is.

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Answered on 7/12/11, 3:07 pm


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