Legal Question in Criminal Law in California
Are police liable for damages?
I recently had my house searched after being issued with a warrant. I went into my garage today to find one of my cabinet shelves broken, and a fairly large scratch on my 1966 El Camino which has previously been in close to immaculate condition. I am very angry about the scratch and am wondering if anything can be done? I am not sure if they have absolute or qualified immunity...but it doesn't seem fair that police can vandalize my propery while doing their job. If I were to scratch someones car I would get in trouble..so why should it be okay for them? Can I do anything to collect the damages from the police who vandalized my vehicle and broke my shelf?
2 Answers from Attorneys
Re: Are police liable for damages?
It's obvious you've done some research, and yes, you can, at least theoretically, sue.
But there is always the risk that, if you did, they would come back and break some bones this time.
Re: Are police liable for damages?
You could sue the Police for the damage. However, I would suggest some other alternatives before going straight to a law suit. First, can you prove they caused the damage. You may have some problem with that. However, assuming you get past that hurdle, get an estimate for the cost to repair the damage from three body shops. Then submit the bill to the Sheriff's department. It is important to accomplish this quickly because you generally only have a 6 month window when suing the government. If you do not file the suit before that you have waived your rights to sue them. If after you submit the bill they deny the claim which they will then proceed with your law suit. You probably will have some difficulties with the law suit but if you are very angry then go for it and see what happens. Good luck
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