Police In California Aren't Immune From Certain Misconduct Lawsuits, High Court Rules

FILE - A Los Angeles Police Department vehicle is parked outside the LAPD headquarters in downtown Los Angeles on July 8, 2022. On Thursday, June 22, 2023, the Supreme Court of California ruled that police are not immune from civil lawsuits for misconduct that happens during investigations. SACRAMENTO, Calif.

The ruling cites previous case law that defined investigatory actions as those before charges are filed. Kruger noted the court issued a similar ruling in 1974. But in 1994, a state appeals court adopted a broader interpretation to shield police from lawsuits stemming from conduct during investigations. Lower courts have been relying on that ruling to dismiss misconduct lawsuits against law enforcement that did not involve prosecutions.A lawyer representing Riverside County in the case did not immediately respond to a request for comment Friday.

The Supreme Court reinstated Dora Leon’s lawsuit. Kruger wrote that the lower courts’ decision was wrong, saying police investigations cannot be interpreted as part of the prosecution process.

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