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How Long Do You Have to Sue After Police Misconduct?

How Long Do You Have to Sue After Police Misconduct?
April 14, 2026

How Long Do You Have to Sue After Police Misconduct in Inglewood?

You have a limited window to take legal action after police misconduct in California. Miss it, and your right to sue disappears entirely, no matter how strong your case is.

Most people don't think about deadlines when they're dealing with injuries, trauma, and the aftermath of a violent encounter with police. That's understandable. But the clock starts running the moment the misconduct happens, and California's rules are strict. One missed deadline has ended more legitimate civil rights cases than any other single factor.

This post covers the key deadlines that apply to police misconduct claims in Inglewood, how they work, and what happens if you don't act in time.

How Long Do You Have to File a Police Misconduct Claim in California?

The short answer is six months for the government claim, and two years for the federal lawsuit. But those two deadlines work together, and misunderstanding how they interact is where people get into trouble.

California law requires anyone suing a government entity, including a city police department, to file a formal government tort claim before filing a lawsuit. For personal injury claims, that deadline is six months from the date of the incident. This is not optional. It is not a formality. It is a hard requirement, and courts enforce it without sympathy.

After you file the government claim, the city has 45 days to respond. If the city rejects or ignores your claim, you have 6 months from that rejection to file your civil lawsuit in state court. The federal civil rights claim under Section 1983 carries a two-year statute of limitations, but the government claim process still applies if you're also pursuing state law claims like those under the Bane Act.

What Is the Government Claims Act, and Why Does It Control Your Case?

The Government Claims Act is a California law that requires you to formally notify a public entity before you sue it. Think of it as a mandatory first step. Filing this claim puts the City of Inglewood on notice that you intend to seek compensation for what its officers did.

How Long Do You Have to Sue After Police Misconduct?

The claim must include specific information: your name and contact details, the date and location of the incident, a description of what happened, the injuries you suffered, and the amount of compensation you're seeking. If any of that information is missing or inaccurate, the city can reject the claim on procedural grounds.

This is not a simple form. Our civil rights attorneys in Inglewood treat the government claim as the foundation of the case. What you put in that document shapes everything that follows.

Does the Two-Year Federal Deadline Mean You Can Skip the Government Claim?

No. This is one of the most dangerous misconceptions in civil rights law.

If you plan to bring any state law claims alongside your federal Section 1983 claim, including claims under California's Bane Act, you still need to comply with the government claims process. Skipping it means losing those state claims. And in many police misconduct cases, the Bane Act claims are stronger than the federal ones because they aren't subject to qualified immunity.

Some attorneys advise clients to focus on the federal claim and bypass the state process. That strategy sacrifices a powerful legal tool. Our civil rights lawyers in Inglewood pursue both tracks whenever the facts support it.

What Happens If You Miss the Six-Month Government Claim Deadline in California?

Your case is likely over before it starts.

California courts have very little tolerance for late government claims. The law allows for a late claim petition in limited circumstances, typically when the claimant was a minor, was physically or mentally incapacitated, or had no knowledge of the claim due to circumstances beyond their control. These exceptions are narrow. Courts apply them narrowly.

If you were injured at a protest in Inglewood and waited eight months before contacting an attorney, there is a real chance that a late claim petition gets denied. The city will argue that it was prejudiced by the delay, that evidence has been lost, that witnesses are unavailable. Courts often agree.

The safest course is always to contact a civil rights attorney in Inglewood as soon as possible after the incident. Even if you're unsure whether you have a case, getting a consultation early protects your options.

Are There Any Exceptions That Can Extend the Deadline?

A few, but none of them are easy to qualify for.

  • Minority: If the injured person was under 18 at the time of the incident, the government claim deadline is tolled until they turn 18. The six-month clock starts from their 18th birthday
  • Mental incapacity: If the claimant was mentally incapacitated at the time of the incident and remained so, the deadline may be tolled for the period of incapacity
  • Government fraud or concealment: If the government actively concealed the misconduct, courts may extend the filing window, but this is difficult to prove
  • Late discovery: In rare cases involving injuries that weren't immediately apparent, the clock may start from when the victim reasonably discovered the injury and its cause

These exceptions exist on paper. Getting a court to apply them takes significant legal work, and there's no guarantee. Don't count on an exception to save a late filing. Count on filing on time.

What Should You Do in the Days Right After Police Misconduct in Inglewood?

The actions you take in the first 72 hours can shape whether your civil rights case survives.

Go to the emergency room or urgent care immediately. Even if the injury seems minor, a medical record creates a documented connection between the incident and your harm. Courts want to see that connection. Insurance adjusters and city attorneys will look for any gap between the event and your first medical visit as a reason to deny your claim.

Preserve every piece of evidence you can find. Video from your phone, bystander recordings, news footage, photos of your injuries, screenshots of posts showing the event. Write down exactly what happened while the details are still sharp. Include the time, the location, officer descriptions, badge numbers if you caught them, and the sequence of events.

Do not post about the incident on social media. Everything you publish can be used against you.

Contact a civil rights attorney in Inglewood before speaking with anyone from the city, the police department, or any investigator. You don't have a legal obligation to cooperate with a city investigation, and anything you say can affect your case.

Does It Matter What Type of Police Misconduct Occurred?

The deadlines apply the same way regardless of the type of misconduct. Excessive force, wrongful arrest, unlawful search, racial profiling, retaliation for protected speech — all of these fall under the same government claims framework.

That said, the specific type of misconduct affects which legal theories apply, what evidence matters most, and how strong your claim is likely to be. Some types of cases, particularly those involving First Amendment retaliation, have slightly different elements than a straight excessive force claim. Our civil rights attorneys in Inglewood evaluate each situation individually.

One thing that doesn't change: the clock. Whatever happened, the six-month government claim deadline starts on the date it happened.

What If the Misconduct Was Part of a Pattern of Behavior by Inglewood Police?

Pattern evidence is powerful, but it doesn't change your individual deadline.

If you can show that the Inglewood Police Department has a history of similar conduct, that information can support your case and, in some circumstances, open up claims against the city itself under a theory called Monell liability. Under Monell, a city can be held liable when an officer's misconduct reflects an official policy, a widespread practice, or a failure to train its officers properly.

Building a Monell claim takes time, discovery, and often records obtained through public records requests. None of that changes the fact that your government claim must be filed within six months. The pattern evidence comes into the lawsuit. The deadline gets you there.

FAQ: Police Misconduct Deadlines in Inglewood

When exactly does the six-month government claim deadline start? It starts on the date the misconduct occurred. Not when you got out of the hospital. Not when you hired an attorney. Not when you fully understood what had happened to you. The incident date is the trigger. If you were injured on March 1, your government claim is due by September 1.

What happens after I file the government claim against the City of Inglewood? The city has 45 days to respond. It will either accept the claim, reject it, or not respond at all. A non-response is treated as a rejection. Once rejected, you have six months to file a civil lawsuit. If the city offers a settlement, you can accept or reject it. Our civil rights lawyers in Inglewood advise clients on whether any offer is fair before they make that decision.

Can I file a lawsuit without going through the government claims process first? Not for state law claims. If you skip the government claim process, you lose the ability to bring Bane Act claims and other state civil rights theories. You can still bring a federal Section 1983 claim, but doing so without the state law track significantly limits your recovery options.

What if I was a minor when the police misconduct happened in Inglewood? The government claim deadline is tolled while you are under 18. Once you turn 18, the six-month clock starts. This gives younger victims more time, but it's still a deadline that runs out. Contact a civil rights attorney in Inglewood as soon as you're ready to act.

Does filing a complaint with the Inglewood Police Department preserve my lawsuit rights? No. An internal complaint with the department is completely separate from the government claims process. Filing one does not toll the deadline, does not substitute for the government claim, and does not protect your right to sue. The two processes are unrelated. Do not let a pending internal investigation cause you to miss the legal deadline.

How quickly can our civil rights lawyers in Inglewood move if I contact them right after an incident? Fast. The government claim can often be drafted and filed within days of an initial consultation. The sooner you contact our civil rights attorneys in Inglewood, the more time there is to gather evidence, identify officers, and build the strongest possible claim before the deadline arrives.

Contact Justin Palmer Law Group

Don't let a deadline take away your right to hold police accountable. Reach out to Justin Palmer Law Group now. Our civil rights attorneys in Inglewood are ready to review what happened and help you act before time runs out.

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