Answer FileCivil Rights

What should I do after excessive force by police in California?

The answer, cited

Get medical care and keep the records, photograph injuries immediately and as they heal, write a dated account, and identify witnesses. Calendar the six-month government claim deadline for state-law claims (Government Code section 911.2), and request body-camera footage and reports in writing before routine retention periods erase them.

Evidence decides these cases, and much of it is perishable. Seek medical attention promptly — treatment records tie injuries to the incident — and photograph injuries the day they happen and as bruising develops. Write down everything while fresh: officer names or badge numbers, patrol car numbers, exact words said, and contact information for every witness. Keep damaged clothing and property unaltered. Request records in writing: incident reports and body-worn camera footage through a California Public Records Act request, and, for shootings and uses of force causing great bodily injury, officer personnel records that Penal Code section 832.7 makes public. If criminal charges were filed against you, coordinate with defense counsel before giving any statement, because the cases interact. Two clocks run from day one: state-law claims against the city or county require a government claim within six months (Government Code section 911.2), and federal claims under 42 U.S.C. § 1983 run two years.

Authority: Cal. Penal Code § 832.7

Legal information, not legal advice.

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