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Can LA county an/or city be sued?
Anonymous2 views2 answers
The police shot my neighbor nine times. He died on the way to the hospital as well as undergoing surgery. now he is permanently handicap to the sate of California and will never be able to work in his life. I was wondering if he could file a law suit against the city and the county of Los Angeles police department for attempted murder?
Yes. The City of Los Angeles and or the County of Los Angeles can be sued if they were not justified in shooting your neighbor. If your neighbor was shot by LAPD, he would sue the City of Los Angeles. If he was shot by the Los Angeles County Sheriff, he would sue the County of Los Angeles. There are both state and federal claims your neighbor could seek damages for in a lawsuit.
For most state and federal claims, your neighbor must file a claim with the City or County, depending on the law enforcement agency involved, under the Tort Claims Act within 6 months of the shooting.
Your neighbor would likely file a lawsuit under 42 U.S.C. 1983 in state or federal court for his injuries.
The answer above is excellent. Lawsuits are constantly filed against cities and counties based on extremely similar factual situations, and large awards are given if the police did not have justification for their actions. Just make sure your neighbor or his representative doesn't let too much time go by before he contacts an attorney.
