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Procedure in Civil Rights Cases

California Civil Rights Lawyer

If you, or someone you know, has been the victim of police brutality or discrimination by a government employee, there are actions you must take as soon as possible in order to protect your right to file a civil rights lawsuit against the responsible agency or individual employee.

Even if you were the victim of major police misconduct that caused massive injury, you could lose all your legal rights to seek compensation from the police department if you do not follow specific procedures required in civil rights cases.

Don't wait until the end of your criminal case to get started on a civil rights lawsuit for police brutality or false arrest. Contact an experienced civil rights lawyer as soon as possible. Some forms need to be filed no later than six months after incident.

The Law Firm of Kallis & Associates, P.C., is a civil rights trial law firm that represents clients in California, Washington state and Alaska. Our main office is in San Jose, and we represent citizens throughout the San Francisco Bay Area and northern California. Since opening our doors in 1997, we have used sharply honed trial skills to bring justice to individuals whose civil or constitutional rights have been violated at the hands of police departments or other government agencies.

Basic Procedure in Civil Rights Lawsuits Against Government Agencies

In many instances, a citizen cannot sue a government agency, including a police department, without jumping through some bureaucratic hoops. Before filing a civil rights lawsuit for police brutality, government discrimination or any other constitutional violation, you must file tort claims paperwork.

For example, any claim against a governmental entity in California requires the filing of a California tort claim with that agency or municipality. A copy of a general tort claim form can be found here. If the agency is the state of California or any of its subdivisions, you must file the "Government Claim Form" provided by the Victim Compensation and Government Claims Board.

Additional Information

  • If you are filing a lawsuit against the state of California or any state agency for brutality, excess force, false arrest, improper search or seizure, or false detention by the California Highway Patrol, you file your tort claims paperwork with the Victims Compensation and Claims Board.
  • If you are filing a civil rights lawsuit against a city, a county, a school district or another local government agency, you usually file your tort claim with the city clerk or county clerk.
  • If you are suing the state of Washington, you must file a claim form with the state.
  • If you are filing a civil rights lawsuit against a federal employee, you must file federal tort claims paperwork with the correct government agency.

Don't Be Misled: Some city clerks may refuse to accept your tort claims paperwork and tell you all lawsuits must be filed with the clerk of the court. In the case of tort claims paperwork, this is incorrect. Your tort claims paperwork is not the actual lawsuit, and the city or county clerk should know to accept it and give you a receipt.

Get Legal Help Early in Civil Rights Cases

If you think that you or a friend has been victimized by the police or a government agency, do not wait to get legal advice. If you wait too long, you could lose your right to take legal action and get compensation for the wrongs committed against you.

Get a case evaluation from an experienced civil rights attorney. Contact Kallis & Associates to make an appointment.

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