What are "civil rights" cases?

Both California and the United States courts regulate the handling of "civil rights" cases. Defendants in civil rights cases are public entities, such as a local police department or other law enforcement agencies, city governments, county governments, or state governments.

The typical civil rights case occurs where a police officer violates some constitutional right of a citizen which causes identifiable damages to the citizen. The most common type of civil rights case is where a police officer uses excessive and/or unreasonable force against a person suspected of committing a crime. However, a civil rights case might arise where, for example, a law enforcement agency conducts a search of a citizen's home without consent and without a warrant. Such a case may also arise when a police officer arrests an individual on less than probable cause.

Must I file some claim within a specified period of time if I feel that my civil rights have been violated?

The answer is "yes". If you wish to file a lawsuit for civil rights violations arising under California law, you must file what is known as a government claim with the appropriate law enforcement agency and/or city employing that agency. This government claim must be filed within 6 months of the incident, regardless of whether you have been or are still in jail as a result of what occurred. If you do not file that government claim with the appropriate agency or municipality within 6 months, you will lose forever your right to proceed against that agency or municipality in a court of law for any violation of your civil rights.

Please keep in mind, however, that you do not have to file a government claim if you are proceeding with a federal law claim for a civil rights violation. If you wish to file a lawsuit against a local law enforcement agency under the United States Civil Rights Act of 1964, you can file that lawsuit either in state or federal court within one (1) year of the date of the incident. The reason for the distinction between filing a government claim under California law and under federal law is that California cannot tell the federal government what to do.

By way of example, assume that you were unreasonably and excessively subdued by a police officer and you suffered a broken arm. Further assume that this police officer was employed by one of the cities in Orange County. If you want to file a lawsuit against the police officer and his employer under California's law "excessive force" law, you must file a government claim within 6 months of the date of the incident. But, if you only wanted to proceed against the police officer and his employer under federal law, you do not have to file a government claim, but you must file the lawsuit either in state or federal court within one (1) year of the date of the incident.

What types of damages are available to me if I am injured in a violation of my civil rights?

The damages available to you are unpaid medical bills, loss of income, damages for physical and emotional pain and suffering, and punitive damages against the particular individual officer causing the violation. Your attorney can also receive an attorney's fees award if your case went to trial and you were successful in receiving monetary damages as compensation for your injuries.

Why should I hire your law firm to represent me in a "civil rights" violation case?

I became a lawyer in 1979. My first job was with the Orange County Public Defender's Office, where I stayed until 1986. In 1986, I left the Public Defender's Office and entered into a partnership with a well-respected criminal defense attorney. We split our partnership in 1992, and, thereafter, I became a solo practitioner.

My initial experience in law was as a criminal defense attorney. During the first 13 years as a practicing lawyer, I handled numerous criminal trials. I tried over 120 criminal cases to jury verdict, some of which were homicide and death penalty trials.

While some of you may be concerned that I would represent the interests of persons accused of crime, you should know that it was a beneficial experience in terms of my growth as an attorney. During my career, I have cross-examined hundreds of police officers without the aid of any prior testimony. Some of those officers have become my friends. I understand what it takes to be a good police officer. There are many good officers out there patrolling the streets, but there are some "bad apples" too. I believe that it is my duty as a lawyer to vindicate the civil rights of every citizen who suffers an injury because of the unreasonable and excessive force used by a police officer, or who suffers an injury when their home is invaded in violation of their constitutional rights.