Can I Sue the Police for Excessive Force in California?

By David Gammill · Last reviewed: August 24, 2026

Yes. You can sue the police for excessive force in California. State law gives you a direct claim under Civil Code § 52.1, the Bane Act, when officers interfere with your rights through threats, intimidation, or coercion, and federal law adds a separate civil rights claim. The catch is the calendar: claims against police agencies carry a 6-month government claim deadline.

• State claim: Civil Code § 52.1, the Bane Act, covers rights violations carried out through threats, intimidation, or coercion, including excessive force.
• Federal claim: 42 U.S.C. § 1983 provides a separate path for constitutional violations, and the two are often brought together.
• The trap: state-law claims against a police department require a written government claim within 6 months.
• Evidence moves fast: body camera footage, dispatch records, and witness videos need to be requested and preserved early.

Not sure how this law applies to your situation? Call Gammill Law at 310-750-4149 for a free consultation, or send us a message through our contact page.

What Does California’s Bane Act Cover?

The Bane Act is California’s own civil rights statute, and it reaches police misconduct directly. Civil Code § 52.1 lets a person sue when someone, including a peace officer, interferes or tries to interfere with their legal or constitutional rights through threats, intimidation, or coercion. Excessive force during an arrest or detention is the classic example. The statute allows recovery of damages and, in many cases, attorney’s fees. Our full explainer on Civil Code § 52.1, the Tom Bane Civil Rights Act, covers the elements, the leading court decisions, and the proof issues in depth, and our guide to your rights during police stops and detentions in California explains the underlying rights themselves.

What Deadlines Apply to a Claim Against the Police?

The deadline most people miss is not the statute of limitations; it is the government claim. Police departments belong to public entities, cities, counties, or the state, so a state-law damages claim generally requires a written claim to that entity within 6 months under Government Code § 911.2 before any lawsuit. The lawsuit itself must also fit inside the limitations period; for injury-based claims that is generally two years under CCP § 335.1. Federal claims under 42 U.S.C. § 1983 follow different procedural rules, which is one reason these cases are usually built on both tracks at once. The safe assumption after any use-of-force incident: treat 6 months as your deadline and start much earlier.

What Do You Have to Prove?

A Bane Act claim requires showing that a right you actually hold was interfered with, or that interference was attempted, and that the interference happened through threats, intimidation, or coercion. You do not have to prove the officer was motivated by racism or bias; the California Supreme Court has confirmed that no discriminatory intent is required. Force cases turn heavily on the factual record: what the officer knew, what commands were given, what the footage shows, and what injuries resulted. That record is assembled, not found, which is why early preservation demands matter.

What Should You Do After a Use-of-Force Incident?

1. Get medical care and make sure every injury is documented.
2. Photograph injuries immediately and again as bruising develops.
3. Write down everything while it is fresh: officer names or badge numbers, unit numbers, exact location and time, and what was said.
4. Identify witnesses and ask them to preserve any phone video.
5. Do not rely on the agency to preserve its own footage; preservation requests should go out in writing, early.
6. Talk to a lawyer before giving any statement about the incident.

Legal References

1. Cal. Civ. Code § 52.1. The Tom Bane Civil Rights Act.
2. Cal. Gov. Code § 911.2. Six-month government claim deadline.
3. Cal. Code Civ. Proc. § 335.1. Two-year statute of limitations for injury actions.
4. 42 U.S.C. § 1983. Federal civil action for deprivation of rights.
5. Venegas v. County of Los Angeles (2004) 32 Cal.4th 820. No discriminatory animus required for a Bane Act claim.

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Your Rights Do Not End When an Officer Crosses the Line.

Civil rights cases are demanding, deadline-driven, and worth doing right. If you or a family member experienced excessive force in Torrance or anywhere in the South Bay, get your free case evaluation or call 310-750-4149, and see our Torrance personal injury attorney page for how we approach injury and civil rights cases. There are no upfront legal fees; a fee is collected only if we win, under a written contingency fee agreement that complies with California law.

Disclaimer: This article is educational and informational in nature. It does not constitute legal advice for any specific situation, and reading it does not create an attorney-client relationship. Every case turns on its own facts, and no result is guaranteed; consult a licensed California attorney about your own circumstances.