Legal Question in Civil Rights Law in California

Suing District Attorney/Sheriff

How would you go about bringing a suit against DA and sheriff for improper handling of grand theft? I was a victim of grand theft and the sheriff treated as civil originally, then the DA handled and said criminal intent was verified, but that after 4 months of investigation, the case was dropped due to improper protocol from not being initiated by sheriff department.


Asked on 7/24/08, 1:56 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Suing District Attorney/Sheriff

You don't. They have governmental immunity from such nuisance suits. The reason: surprising as it may seem to you, they have NO legal duty to protect you or to take action for you. Even in the context of an emergency 911 call, they have no duty or obligation to respond, and even if they do, they are generally not quick enough to stop the crime or catch the bad guy. Generally, 911 calls result in them making a report and taking pictures of the body of the victim. Harsh? Yes. True? Yes. You are responsible for your own defense and protection. In your case, you now are left with the option of 'sue' the bad guy, if he has anything worth taking from him.

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Answered on 7/24/08, 4:20 pm


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