I'm a current employee of the Los angeles police dept. Two years a ago I was involved in a use of force where I intervened fro a person being beaten with him lying helpless on the ground while 5 men beat him. My agency as seen fit to discipline me for being excessive while saving the life of a helplessn victim. It's been 2 years any I'm still waiting for the internal investigation to be completed. Since I have not had the chance opportunity to advance in my career more so my reputation and integrity has been damaged which in my industry is everything. Do I have a recourse civilly?
It is not clear from your post whether you are a "sworn" employee with peace officer powers. If so, your rights in this circumstance are strictly controlled by your MOU (the labor agreement negotiated by your union,the L A Police Protective League) and by the CA Government Code provisions known as the "Peace Officers' Bill of Rights" ("POBOR"). Most employment attorneys have no real experience with either of these, and you need a consultation with an attorney who has deep and specific experience with both.
If you are not sworn, then your employment is likely subject to your MOU, as negotiated and enforced by your union, and by the Civil Service Rules for the City of L A, as enacted in the Los Angeles Administrative Code and Municipal Code. Those bodies of law, too, are relatively esoteric and I would not recommend services or advice by an attorney who did not have demonstrable and successful experience with both.
The City is a big police with a lot of history and there is an active community of local attorneys who know the territory well. Ask around or run some Google searches and contact attorneys who handle these kinds of disputes re LAPD routinely. That is where you will find the necessary legal expertise and judgment to be effective in your matter.
In any event, it is likely that your options will be limited to preserving your present employment -- not for ancillary damage to your reputation based on the fact of a disciplinary or use of force investigation. LAPD is required by law to conduct a use of force investigation in many circumstances, and the law does not put strict time-limits on the timing for non-sworn subjects of investigation. The POBOR strictly limits the time limits for actions applicable to sworns.
Good luck to you.
I suggest you consult with an employment lawyer that also does civil rights work. There are a number of very prominent firms and attorneys that do that here in L.A., and I suspect that you and your colleagues on the force know some of them by name. (If not, ask around.) They will be more than happy to look into your situation confidentially and at no initial cost to you. They can better advise you of your legal rights and available recourse, if any. You have enough that you want to have it looked at by an experienced attorney in this field. Best of luck to you.
