Legal Question in Criminal Law in California

Can you sue the police department for mishandling of an investigation?

Almost three years and six months ago I was raped and my case was completely mishandled by the LAPD. I have gone to counseling off and on since then and one counselor suggested that I sue the LAPD, but I didn't feel emotionally strong enough to embark on that at the time. I'm wondering now if it's too late for me to seek some sort of justice. I greatly appreciate any time you take to help me with my question. Thank you.


Asked on 4/19/02, 3:05 pm

1 Answer from Attorneys

Michael Cortson Law Office of Michael D. Cortson, Esq.

Re: Can you sue the police department for mishandling of an investigation?

You have missed the statute of limitations. You had to file a tort claim notice within 100 days of the conclusion of the investigation. Typically the police and the prosecutor have discretion to decide how to handle any investigation. Courts rarely interfere with their decision. The prosecutor is almost immune from any liability. The police are not far behind.

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Answered on 4/19/02, 3:44 pm


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