Police in California aren’t immune from certain misconduct lawsuits
Legal Podcast - POSTED: 2023/06/24 17:18
Legal Podcast - POSTED: 2023/06/24 17:18
Police in California are not immune from civil lawsuits for misconduct that happens while they investigate crimes, the state Supreme Court ruled this week, overruling a precedent made by lower courts that had helped protect law enforcement from litigation for decades.
The justices on Thursday unanimously rejected an argument by Riverside County that its sheriff’s deputies couldn’t be sued for leaving a man’s naked body lying in plain sight for eight hours while officers investigated his killing.
California law protects police from being sued for any harm that happens during a prosecution process — even if the officer acted “maliciously and without probable cause.” Now, the Supreme Court says police can be sued for misconduct during investigations.
The ruling cites previous case law that defined investigatory actions as those before charges are filed.
“The potential for factual overlap between investigations and prosecutions does not justify treating them as one and the same,” Justice Leondra Kruger wrote in the ruling.
Kruger noted the court issued a similar ruling in 1974. But in 1994, a state appeals court adopted a broader interpretation to shield police from lawsuits stemming from conduct during investigations. Lower courts have been relying on that ruling to dismiss misconduct lawsuits against law enforcement that did not involve prosecutions.
A lawyer representing Riverside County in the case did not immediately respond to a request for comment Friday.