What to Expect When Filing a Police Brutality Claim Against a Government Entity

When someone experiences police brutality, the path toward justice can feel overwhelming. Filing a lawsuit against a government entity isn’t the same as suing a private citizen or business. There are extra steps. Tight deadlines. Special rules. And a lot of red tape along the way.

But here’s the good news: victims of police misconduct can seek accountability. California law allows people to bring claims against government entities if they follow the correct procedures. Knowing what to expect when filing a police brutality claim is the first step toward protecting your rights.

Let’s walk through the key things you need to know.

Government immunity — and its exceptions

In California, as in other states, government agencies and their employees are generally shielded from lawsuits by a principle called sovereign immunity. In simple terms, it means the government can’t usually be sued without its consent.

However, there are exceptions. And police misconduct is one of them.

California’s Tort Claims Act (found at Government Code §§ 810-996.6) lays out specific circumstances where government immunity is waived. Victims can pursue claims for civil rights violations, including excessive use of force and police brutality.

Still, even when you’re allowed to sue, you can’t jump straight into court. First, you have to tackle an important pre-lawsuit step: filing a Government Claim.

Filing a government claim first

Before any lawsuit can be filed, California law requires a formal Government Claim to be submitted. This is true even for a police brutality claim.

The claim must be filed with the correct entity, whether that’s a city police department, county sheriff’s office, or state agency. It has to include very specific information:

• The date, time, and location of the incident
• A detailed description of what happened
• The damages you suffered (physical, emotional, and financial)
• Your name and contact information

And here’s where the pressure really builds: you have only six months from the date of the incident to file (California Government Code § 911.2).

Six months. It might sound like plenty of time. But between healing, gathering evidence, and finding legal representation, it moves fast.

After you file the claim, the government agency has 45 days to respond. They can:

• Accept the claim (rare)
• Reject the claim (common)
• Ignore the claim (treated as rejected after 45 days)

Miss the filing deadline, and your right to sue may be lost forever. No exceptions for being unaware of the rules. No second chances. It’s a harsh reality that many people don’t realize until it’s too late.

What happens after the government responds

Once the agency responds, or fails to, the next step depends on what they do.

• If the claim is rejected (or ignored), you usually have six months from the date of the rejection to file a civil lawsuit in court. (Important: this deadline is different from the six months to file the initial claim.)
• If the claim is accepted (rare), there may be a settlement without needing to file a lawsuit. But in most cases of serious police brutality, victims will need to move forward with a court case.

Filing the lawsuit properly and on time is crucial. Waiting too long, even by a few days, could mean losing your right to seek compensation forever.

Challenges specific to police brutality claims

Filing a police brutality claim brings unique hurdles. Government agencies and police officers have several defenses they can, and almost always do, raise.

One of the biggest defenses? Qualified immunity. This legal shield protects departments from lawsuits unless it can be shown they violated a “clearly established” right. It’s a powerful defense that can shut down claims early if not properly addressed.

Other defenses include:

• Claiming the use of force was “reasonable” under the circumstances
• Arguing that the plaintiff resisted arrest or posed a threat
• Alleging there was no policy violation or departmental negligence

In short, it’s not enough to prove harm. You have to prove that the officer’s actions violated your rights and that the government entity can legally be held responsible.

Gathering strong evidence early is critical. Medical records. Photographs. Body camera footage. Eyewitness statements. Surveillance video. All of these can make or break the case.

Without early action to preserve the evidence, vital proof can be lost, sometimes forever.

Why working with an experienced attorney matters

Trying to navigate a police brutality claim alone is risky. There are too many procedural traps that can derail even a strong case.

An experienced police brutality attorney knows how to:

• Properly draft and file the Government Claim within strict deadlines
• Preserve and gather key evidence
• Anticipate government defenses
• Build a compelling case that meets the complex legal standards

Moreover, working with the right lawyer means you won’t have to face a government agency’s legal team by yourself. These agencies often have extensive resources—teams of lawyers ready to defend officers and fight claims.

You deserve to have someone just as prepared to fight for you.

Moving forward with your police brutality claim

Filing a police brutality claim against a government entity in California is a major step toward seeking accountability and justice. It’s normal to feel overwhelmed or unsure of what comes next. And you are not alone. With the right support, you can navigate this process and move forward with confidence.

If you or someone you love has experienced police misconduct, don’t wait. We are ready to help.

No one should have to face this journey alone. At Taylor & Ring, we have helped victims of police brutality and civil rights violations seek the justice they deserve. Call us or use our contact form to schedule a free consultation.