Police Misconduct Lawyers
Police Misconduct Lawyers in Los Angeles
What happened to you was not your fault. Being grabbed without cause. A traffic stop that turned frightening. An arrest that made no sense. Being hit when you had already stopped moving. Or losing someone you love because an officer used force that was never necessary. These are not minor incidents. They are violations of the constitutional rights that every person in Los Angeles is guaranteed, regardless of neighborhood, background, or what you look like.
At the Law Offices of Kenneth C. Odiwe, we are police misconduct lawyers in Los Angeles who take this work seriously, not just as a legal matter, but as a human one. Attorney Kenneth Odiwe grew up in Vallejo watching what happens when the people entrusted with protecting a community abuse that trust. He trained at one of California’s most respected civil rights firms. And today, he fights for people across Los Angeles County who have been mistreated by the LAPD, the Los Angeles County Sheriff’s Department, and other law enforcement agencies operating in this region.
Do You Have a Police Misconduct Claim in Los Angeles?
Police misconduct is not always dramatic. It does not always make the news. Sometimes it is a quiet moment — a shove when no one was recording, a search that violated every right you have, or being denied care when you were clearly in pain. Whatever form it took, if it left you harmed, humiliated, or afraid, it deserves to be looked at by a lawyer.
Here are some of the signs that what you experienced may give rise to a legal claim:
- You were physically hurt during an arrest or detention – hit, kicked, tased, or restrained in a way that caused injury – when you were not resisting or posing a threat
- You were arrested despite having done nothing wrong, and the charges were dropped or never filed
- Officers searched your home, car, or belongings without a warrant and without your consent
- You were targeted, stopped, or treated differently because of your race, ethnicity, religion, or national origin
- You were denied medical attention while in custody and your health worsened as a result
- A family member died in police custody or as a result of a law enforcement encounter
- An officer used a weapon – firearm, taser, baton, or K-9 – in a situation that did not justify it
- You were threatened, sexually harassed, or abused by someone in uniform
You do not need to be certain. That is exactly what the free consultation is for. We will review what happened, tell you honestly whether you have a viable claim, and explain what the process looks like. Call us before the deadline passes.
Types of Police Misconduct Cases We Handle in Los Angeles
As an experienced police misconduct law firm in Los Angeles, we represent individuals and families whose rights were violated by officers from the LAPD, LASD, and any other law enforcement agency operating in LA County. These are the types of cases we take on:
Excessive Force
Excessive force occurs when an officer uses more physical power than the situation objectively requires. This includes punching, kicking, or striking a person who is already restrained; deploying tasers, batons, or pepper spray against someone who is compliant; siccing a K-9 on a person who has surrendered; or using lethal force when non-lethal options were clearly available. Under the Fourth Amendment, officers are permitted only the force that a reasonable officer in the same situation would consider necessary. When that line is crossed and serious injury results, you have a claim.
Officer-Involved Shootings
California law – reinforced by Assembly Bill 392 (2019) – requires that officers use lethal force only when it is necessary to defend against an imminent threat of death or serious bodily injury. ‘Necessary’ under AB 392 is a higher standard than federal law previously required. If an officer shot someone who was unarmed, retreating, or not posing an imminent threat, the use of force may have been unlawful. We handle these cases as both civil rights claims and – in cases of death – wrongful death actions. See our dedicated Officer-Involved Shootings page for more detail.
False Arrest and Unlawful Detention
An arrest requires either a warrant or probable cause to believe a crime was committed. A detention requires at minimum a reasonable, articulable suspicion. When officers arrest someone without either – or manufacture justification after the fact – the person arrested has a Fourth Amendment claim. Being held for hours without being told why, being arrested for ‘contempt of cop,’ or being taken into custody after asking a question you had every right to ask: these are not gray areas. They are constitutional violations.
Illegal Search and Seizure
The Fourth Amendment protects everyone in Los Angeles from unreasonable searches of their home, car, body, or personal property. A search without a valid warrant, without consent, and without a recognized exception to the warrant requirement is unlawful – even if nothing illegal is found. Officers who search a home based on fabricated information, or conduct a search that exceeds the scope of a valid warrant, expose themselves and their departments to civil liability. We pursue these claims in both federal and state court.
Racial Profiling and Discriminatory Policing
In Los Angeles, racially disparate policing has been a documented and ongoing issue. Being stopped, searched, or treated more harshly because of your race, ethnicity, religion, or national origin violates the Fourteenth Amendment’s equal protection guarantee, as well as California’s own civil rights protections under the Bane Act and the Ralph Act. If you were targeted because of who you are rather than what you did, that is the foundation of a civil rights claim.
Failure to Provide Medical Care
People in police custody have a constitutional right to receive adequate medical attention for serious medical needs. This right is recognized under the Eighth and Fourteenth Amendments. Officers and jails that ignore a detainee’s obvious medical distress, a seizure, a diabetic emergency, chest pain, or injuries sustained during arrest, can be held liable when that failure causes serious harm or death.
Sexual Misconduct by Law Enforcement
Sexual abuse, assault, or harassment by a police officer is one of the most serious forms of misconduct. It is also one of the most underreported. Victims are often told no one will believe them. They are wrong. We believe them. These cases are prosecuted under federal civil rights law, California Penal Code, and the Bane Act. The officer, their supervisors, and the department may all be held accountable.
Malicious Prosecution and Fabricated Evidence
When officers plant evidence, file false reports, or pursue a prosecution they know is baseless, they violate the civil rights of every person they target, and often destroy lives in the process. If you were prosecuted based on evidence you know was false or fabricated, or if charges against you were dismissed because the case fell apart under scrutiny, there may be a viable civil rights claim against the officers involved.
In-Custody Deaths
When someone dies while in police custody or as a direct result of a law enforcement encounter, the family has the right to demand answers, and the right to pursue legal accountability. These cases involve wrongful death claims alongside civil rights claims and require a thorough investigation into what happened, who was responsible, and whether department policies contributed to the outcome. See our dedicated In-Custody Death page for full detail.
The Legal Framework, How We Sue the Police in Los Angeles
Police misconduct cases involve both federal and California state law. Understanding which legal tools apply, and how they work together is part of what separates a capable civil rights attorney from one who handles these cases rarely.
42 U.S.C. § 1983 - Federal Civil Rights Claims
Section 1983 is the primary federal statute used to hold police officers and government agencies accountable for constitutional violations. Under § 1983, any person acting under color of state law, including police officers who deprives someone of a right guaranteed by the U.S. Constitution can be sued in federal court. This covers Fourth Amendment violations (unreasonable force, unlawful arrest, illegal search), Fourteenth Amendment violations (equal protection, due process), and Eighth Amendment violations (failure to provide medical care, cruel and unusual punishment in custody).
The Tom Bane Civil Rights Act (California Civil Code § 52.1)
California’s Bane Act provides additional protection beyond federal law. It prohibits any person including a police officer, from interfering with another person’s state or federal civil rights through threats, intimidation, or coercion. In police misconduct cases, a Bane Act claim allows victims to recover actual damages, punitive damages, and attorney’s fees. Critically, Senate Bill 2 (2021) amended California law to make it significantly harder for officers to hide behind qualified immunity in state civil rights claims, making Bane Act claims increasingly important in California police misconduct litigation.
Qualified Immunity - What It Is and Why It Matters Less in California
Qualified immunity is a federal doctrine that historically shielded officers from personal liability unless they violated a clearly established constitutional right. In practice, it made many § 1983 cases extremely difficult to win. However, California’s SB 2 reform the PEACE Act, limits the application of qualified immunity in state court claims and creates new pathways to accountability for officers whose conduct was objectively unreasonable, even if no prior case established the right with perfect clarity. We evaluate every case for both federal and state claims to maximize your available remedies.
Government Tort Claims Act - Suing the City or County
To sue a public entity such as the City of Los Angeles or Los Angeles County, California law requires filing a Government Claim with the appropriate agency before filing a lawsuit. Under the California Government Claims Act, this claim must generally be filed within six months of the date of the incident (Cal. Gov. Code § 911.2).
This requirement applies to state law claims, but not to federal civil rights claims brought under 42 U.S.C. § 1983. However, if state claims are included alongside a § 1983 claim, the government claim requirement still applies to those state claims.
Failure to timely file a government claim may bar the lawsuit, although limited exceptions may apply.
Police Accountability in Los Angeles - Who We Hold Responsible
Los Angeles is policed by multiple overlapping agencies, each with its own history of misconduct complaints, oversight structures, and legal exposure. When we investigate a case, we identify every entity that may bear responsibility and not just the individual officer.
Los Angeles Police Department (LAPD)
The LAPD is the primary municipal police force for the City of Los Angeles, covering more than 460 square miles and roughly four million residents. Complaints about LAPD officers can be filed with the department’s Internal Affairs Division or with the Los Angeles Police Commission, which provides civilian oversight. The LAPD’s use-of-force incidents, racial disparities in stops, and officer discipline records are tracked publicly — and they form part of the evidentiary record in civil litigation. Claims against the City of Los Angeles based on LAPD conduct must follow the government claims process and the six-month deadline.
Los Angeles County Sheriff's Department (LASD)
The LASD is responsible for policing unincorporated LA County and contracts with dozens of cities throughout the county — including Compton, East Los Angeles, Lennox, and Willowbrook. The LASD has faced repeated federal investigations, court oversight, and litigation over deputy gang activity, in-custody deaths, excessive force, and cover-ups. Claims against LA County based on LASD conduct also require a government tort claim within six months.
Other Law Enforcement Agencies in Los Angeles County
Beyond the LAPD and LASD, Los Angeles County is policed by numerous independent city departments including those in Long Beach, Pasadena, Burbank, Glendale, Torrance, Inglewood, and dozens of others. Each carries its own liability and its own government claims deadline. We handle misconduct cases involving any law enforcement agency operating anywhere in Los Angeles Count
Oversight and Accountability Bodies
Several bodies have jurisdiction to receive complaints about LAPD and LASD conduct. These include the Los Angeles Police Commission, the Office of the Inspector General, the Los Angeles Civilian Oversight Commission (for LASD), and in federal matters, the U.S. Department of Justice Civil Rights Division. Filing a complaint with these bodies does not replace a civil lawsuit, but it can generate records, trigger investigations, and create additional documentation useful in litigation.
What Compensation Can You Recover?
The value of a police misconduct case depends on the nature and severity of the constitutional violation, the extent of your injuries, and the specific legal claims available. In Los Angeles, victims of police misconduct can pursue the following categories of compensation:
Economic Damages | Non-Economic Damages |
Medical expenses — past and future | Pain and suffering |
Lost wages and lost earning capacity | Emotional distress and psychological trauma |
Rehabilitation and ongoing therapy costs | Loss of enjoyment of life |
Property damage or wrongful seizure of property | Damage to reputation |
Funeral and burial costs (wrongful death) | Loss of companionship (wrongful death) |
Punitive damages are available against individual officers in both § 1983 and Bane Act cases where the officer’s conduct was motivated by malice or was callously indifferent to your constitutional rights. Punitive damages serve as punishment and deterrence beyond your actual losses.
Attorney’s fees are separately recoverable under 42 U.S.C. § 1988 in successful § 1983 cases. This means that if we win your federal civil rights case, the defendant can be ordered to pay our legal fees — on top of the compensation you receive.
What to Preserve - Evidence That Wins These Cases
In police misconduct cases, evidence disappears faster than in almost any other type of litigation. Bodycam footage is overwritten. Surveillance videos are recorded over. Witnesses scatter. Departments file internal reports that frame the incident in their favor. The sooner you act, the stronger your case will be.
Here is what matters most — and what we will immediately move to preserve when you hire us:
- Bodycam footage: LAPD and LASD officers are equipped with body-worn cameras. California law requires departments to retain footage from incidents involving use of force or complaints. We send legal preservation demands immediately to prevent footage from being deleted.
- Surveillance video: Traffic cameras, business security systems, and residential cameras often capture incidents that official recordings miss. These are typically overwritten within 30 to 72 hours without a preservation demand.
- Your own documentation: Photographs of your injuries taken as soon as possible, screenshots of any communications, written notes about what was said and done. Do this before anything fades from memory.
- Medical records: Every visit to a doctor, urgent care clinic, or emergency room following the incident. These establish the nature and extent of your injuries and create a timeline.
- Witness information: Names and contact details of anyone who saw what happened. Bystander accounts from people with no stake in the outcome are among the most valuable evidence available.
- Police reports and booking records: We obtain these through public records requests. They often contradict what actually happened — and those contradictions become evidence.
- Prior complaints against the officer: We research the officer’s history through Internal Affairs records, prior lawsuits, and public databases. A pattern of prior misconduct can be admissible and significantly affects case value.
Steps to Take After a Police Misconduct Incident in Los Angeles
- Get medical attention immediately: even if your injuries seem minor. Document everything at the emergency room or urgent care. Your medical records are evidence.
- Write down exactly what happened as soon as you can: officer names or badge numbers, patrol car numbers, time, location, what was said and what was done. Memory fades.
- Photograph all injuries: take photos the same day and over the following days as bruising or swelling develops.
- Identify witnesses: anyone who saw what happened. Get their names and numbers before they leave the scene.
- Do not delete anything: if you recorded any part of the incident on your phone, back it up immediately to the cloud and do not delete it.
- Do not file a complaint with Internal Affairs before speaking to a lawyer: IA investigations can create a record that is used against you in civil litigation if not handled carefully.
- Contact us immediately: the six-month deadline begins running from the date of the incident. Every day matters. Call (669) 315-4431 any time.
Communities We Serve Across Los Angeles County
We represent police misconduct victims throughout Los Angeles County, including residents of communities policed by the LAPD, the LASD, and independent city departments:
- City of Los Angeles – Downtown, Hollywood, South LA, Watts, Boyle Heights, East LA, San Fernando Valley
- LASD-policed communities – Compton, East Los Angeles, Lennox, Willowbrook, Altadena, Palmdale, Lancaster
- Long Beach, Inglewood, Pasadena, Glendale, Burbank
- Torrance, Carson, Hawthorne, Gardena, Lawndale
- Santa Monica, Culver City, West Hollywood, Beverly Hills
- Pomona, West Covina, El Monte, Baldwin Park
If you are not sure which agency was involved or whether we serve your area, call us. We will tell you honestly what we can do.
Talk to a Los Angeles Police Misconduct Attorney Today - Free
What happened to you deserves to be taken seriously. Not minimized. Not buried. Taken seriously. We understand that coming forward after a confrontation with law enforcement can feel risky, or exhausting, or pointless — especially if you feel like no one will listen. We will listen. And we will fight.
The Law Offices of Kenneth C. Odiwe offers a completely free, no-obligation case review. Kenneth personally handles every police misconduct matter. No fees unless we win. No upfront costs. And because the six-month government claim deadline can cut off your rights permanently, the time to reach out is now.
Frequently Asked Questions
How long do I have to file a police misconduct lawsuit in Los Angeles?
If your claim is against a government entity then the City of Los Angeles, LA County, the LAPD, LASD, or any public agency, you must file a California Government Tort Claim within six months of the incident under Government Code § 945.4. This is a hard deadline. After the claim is filed, the government has 45 days to accept or reject it. If rejected, you then have six months to file a lawsuit. For purely private-party claims or federal § 1983 claims where you are suing individual officers personally, a two-year statute of limitations applies. But because the six-month deadline runs first and is often the controlling factor, contact us as soon as possible after any incident involving a public officer.
Can I sue the LAPD or LASD directly?
Yes. You can sue the City of Los Angeles (which is responsible for the LAPD) and Los Angeles County (which is responsible for the LASD) directly under both § 1983 (through Monell v. Department of Social Services) and California state law. A Monell claim requires showing that the constitutional violation resulted from an official policy, widespread practice, or deliberate indifference to a pattern of misconduct. We also sue individual officers personally in cases involving particularly egregious conduct, where punitive damages against the officer personally are warranted.
What is the difference between a § 1983 claim and a Bane Act claim?
A § 1983 claim is a federal civil rights lawsuit brought in federal court for violations of the U.S. Constitution. A Bane Act claim (California Civil Code § 52.1) is a state law claim that covers interference with civil rights through threats, intimidation, or coercion. Both claims can often be pursued in the same lawsuit. The Bane Act allows recovery of attorney’s fees and treble damages in some circumstances, and California’s SB 2 reform has made it harder for officers to use qualified immunity as a defense in state court. We evaluate every case for both avenues.
What if the officer said what they did was legal or justified?
Officers routinely claim justification for what happened. That claim is exactly what civil litigation is designed to examine. We investigate the facts independently. through bodycam footage, witness accounts, physical evidence, and expert analysis, and we evaluate whether the officer’s conduct met the objective reasonableness standard the law requires. Officers are not the arbiters of whether their own conduct was lawful. Courts and juries are. We prepare every case as if it is going to trial.
Will suing the police affect any ongoing criminal case I have?
This is one of the most important questions we address in every initial consultation. Civil and criminal cases are separate proceedings, but actions taken in one can sometimes affect the other. Before taking any steps including filing a complaint with Internal Affairs, giving a statement, or filing a civil lawsuit. it is essential to speak with an attorney who understands both sides of this dynamic. Kenneth has the background to evaluate this carefully for your specific situation.
What if the incident was not recorded on camera?
Many significant misconduct cases involve no video evidence or video that the department refuses to release promptly. We build these cases through witness testimony, medical records, inconsistencies in the police report, prior complaints against the officer, and expert reconstruction of the incident. The absence of video is a challenge, not a barrier. And when departments stonewall on releasing footage, we pursue it through litigation and court orders.
How much does it cost to hire a police misconduct attorney?
Nothing upfront. We handle all police misconduct cases on a contingency fee basis. You pay no attorney’s fees unless we recover money for you. Additionally, in successful § 1983 cases, the law allows us to recover attorney’s fees from the defendant separately. meaning your compensation is not reduced to pay our fees. Every person who calls us gets a free case review regardless of their financial situation.