Legal Question in Civil Litigation in California

I'm so sorry to hear about your ordeal. Sadly, I can't be very encouraging about the lawsuit you propose.

Police and other public employees are generally immune from lawsuits. Even when they aren't, they can only be sued by those directly affected by their wrongdoing. Police investigations are conducted for the benefit of the public and, to a lesser extent, the victims of crimes. They only indirectly benefit the victims' families. That probably would prevent you from winning such a lawsuit.

The statute of limitations poses another serious problem. Few civil suits can be brought six years after the events that triggered them. There may be something unusual about your case that would eliminate this problem, especially if the police intentionally concealed important information from you. Chances are, though, that the passage of six years would be fatal to your claim.

Even if your suit is not legally barred, it is hard to imagine what sort of theory you could present. If you alleged negligence, you would have to show that the officer owed you a legal duty and that he breached it. As I explained earlier, though, his duties are for the public generally and not for you in particular. You would stand a better chance if you could show that the original investigation was deliberately botched, but even then I'm not sure how you would prove that you were entitled to damages or other relief.

There is an important public policy issue here, too. In circumstances like these, we want the police to re-open the investigation and pursue justice. That means the law should give them incentives to do that, or at least avoid giving them disincentives (unless the disincentives serve other important priorities). If re-opening an investigation could trigger lawsuits, then police would have a very strong incentive not to do it. Barring lawsuits like the one you propose would help society overall, even if it added to the suffering of people in your position.

I'm sorry I can't be more encouraging. You may want to discuss your case in detail with some lawyers in your area. With more information, they may see a way for you to bring this type of lawsuit. Depending upon the facts, you may be able to succeed even though others in similar positions usually wouldn't.

Good luck.

How do you go about suing? You don't. The statute of limitations on government tort claims is long passed. Even if it hadn't, government agencies and agents have immunity from suit for negligence and mistakes. Even if they weren't, you have no legally recognizable or recoverable damages arising from the negligence.

I agree with the other lawyers, but I can't fathom why you are more interested in fattening up your pocket book at public expense, rather than in pursuing justice for your dead brother. You would not be a sympathetic plaintiff.