HOW DO I FILE A CLAIM AGAINST A POLICE OFFICER?

You may file a complaint with his department or human relations agency within the county and request mediation. You may also file a law suit if the situation warranted. Probably best to speak with an attorney hope this helps.

First, do not post any additional details about this event until you speak with an attorney. I imagine you are facing criminal charges and you should recognize that law enforcement, including the District Attorney's Office, may monitor this site. In California, you have two different filing deadlines: one applies to your state law claims, and the other to your federal law claims. For state law claims, you have six months from the date of the incident to file a tort claim against the officer or municipality, and six months from the government’s letter in response to the tort claim to file a lawsuit. For federal claims, you have two years from the date of the incident to file a lawsuit. Make sure that you keep track of the statutes of limitations. In addition, police and other officials may destroy emergency dispatch and radio recordings (such as 911 calls and police radio transmissions) after 100 days. (See Cal. Government Code §34090.6.) Though the government is obligated to keep this evidence if it pertains to a filed claim or pending litigation until the litigation is resolved, if you intend to file a tort claim and/or lawsuit, you may want to contact an attorney and ask them to draft an “anti-spoliation” letter to the custodian of the records demanding preservation of this evidence. Justin C. Lowenthal, Esq. Disclaimer: The content of this response has been prepared for informational purposes only and should not be construed as legal advice. The material presented is not intended to create, and receipt of it does not constitute, an attorney-client relationship, and readers should not act upon it without seeking the advice of independent professional counsel.