Hurt by police in California? Excessive force claims, explained plainly

If a police officer or sheriff's deputy hurt you during a stop, an arrest or a call for help, you may be asking a simple question: can I sue the police for excessive force? In California, the answer is often yes, but only if you act within strict deadlines and the facts show the force was more than the law allows. This guide is written by an excessive force lawyer in California for people who were injured and for families who want to understand what happened.

We explain how courts decide whether force was reasonable, the California laws that go further than federal law, what records exist after a serious use of force, the kinds of injuries these cases involve, and the steps to take now. Most officers do their jobs lawfully. This page is about the cases where that may not have happened, and about how the law sorts one from the other.

What counts as excessive force under the law?

Police may use force to make an arrest, stop someone from escaping or protect themselves and others. The question in a lawsuit is whether the amount of force was reasonable in the moment. Under the Fourth Amendment, courts apply a test from the U.S. Supreme Court's decision in Graham v. Connor (1989). In plain words, a judge or jury asks three main questions:

• How serious was the suspected crime? Force that might be fair against someone suspected of an armed robbery may be too much for a traffic violation or a minor offense.
• Was the person an immediate threat to the officer or anyone else? This is usually the most important question. A person who is unarmed, outnumbered or already on the ground is often treated differently from someone holding a weapon.
• Was the person actively resisting or trying to run? Pulling away, fleeing or fighting can justify more force. Not understanding a command, being in a medical crisis or freezing in fear is not the same as resisting.

The test is "objective." It looks at what a reasonable officer would have done with the same information, not at what the officer was thinking privately. Courts also say force must be judged from the officer's point of view on the scene, not with hindsight. That cuts both ways: it gives officers room for split-second decisions, but it also means the jury looks at the full picture, including whether the threat had ended before the force continued.

California's deadly force law is stricter

For deadly force, California law goes further than the federal test. Penal Code § 835a, as amended in 2019, states the Legislature's intent that officers "use deadly force only when necessary in defense of human life." An officer may use deadly force only when the officer reasonably believes it is necessary, for example to defend against an imminent threat of death or serious bodily injury. The statute also tells courts to consider the "totality of the circumstances," which it defines to include "the conduct of the officer and the subject" leading up to the force. Our guide to police shootings and wrongful death covers deadly force cases in more depth.

Does another officer have to step in?

Yes, under California policy rules. Government Code § 7286 requires every California law enforcement agency to have a use-of-force policy that includes a duty to intercede. Officers must step in when they are present and see another officer use force "that is clearly beyond that which is necessary, as determined by an objectively reasonable officer." The policy must also require officers to "immediately" report potential excessive force to a superior.

A 2021 law, AB 26, strengthened these rules starting January 1, 2022. An officer who was trained on the duty to intercede and fails to act can be disciplined in the same manner as the officer who used the excessive force. Agencies must also bar retaliation against officers who report misconduct. In a lawsuit, these rules can matter when officers stood by. Whether a bystander officer can be held personally liable is a separate legal question that depends on the facts.

What records exist after police use serious force?

When force causes serious bodily injury or death, California agencies must report it to the state. Under Government Code § 12525.2, the Department of Justice collects these reports through its URSUS system and publishes an annual summary. According to the DOJ's 2025 use-of-force report, agencies reported 619 incidents in 2025 involving 633 civilians. Of those civilians, 127 died and 322 suffered serious bodily injury. The DOJ notes that its reporting threshold is narrow, so these numbers do not capture every use of force.

Other records can help a case:

• Body-worn camera and dash camera video. Video of critical incidents is generally released within 45 days under Government Code § 7923.625, with some exceptions.
• Use-of-force reports and internal investigations. Records about force that caused death or great bodily injury are public under Penal Code § 832.7, as expanded by SB 1421 and SB 16.
• Dispatch audio and 911 calls, which show what officers were told before they arrived.
• Medical records, from the jail, the ambulance and the hospital.
• Witness and bystander video. Phone video from neighbors or passersby is often the most important evidence in these cases.

Our guide to getting records, autopsy reports and video explains how requests work and what agencies can withhold.

Common injuries in excessive force cases

These cases involve many kinds of force: punches and kicks, takedowns, baton strikes, carotid or chest holds, Tasers, police dogs, less-lethal projectiles and gunfire. The DOJ's 2025 report lists electronic control devices for 67 civilians and canines for 61 in the incidents it covered. Injuries we see described in public cases include broken bones, head and brain injuries, eye injuries, dog-bite wounds that need surgery, nerve damage, and lasting emotional harm such as PTSD.

Some injuries are not obvious at first. A head injury can seem minor that day and cause problems for months. That is one reason to get medical care right away and to keep every record. If force involved a specific weapon, our guides on Taser injuries and police dog bites cover the rules for each.

What claims can you bring?

An excessive force case in California usually combines federal and state claims.

• Federal civil-rights claim (42 U.S.C. § 1983). This is the main federal claim for excessive force by an officer. It can be brought against the individual officer and, where the harm came from a policy, custom or failure to train, against the city or county. Officers can raise qualified immunity as a defense to federal claims against them personally. That defense does not protect the city or county on a policy claim.
• Battery and negligence. California law treats unreasonable force by an officer as a battery. Public employers are generally liable for what their employees do in the scope of their work (Government Code § 815.2), though some immunities apply.
• Bane Act (Civil Code § 52.1). This California civil-rights law lets a person sue when someone interferes with their constitutional rights by "threat, intimidation, or coercion." Under the statute, a plaintiff can recover damages, including damages under Civil Code § 52, and the court may award reasonable attorney's fees. Qualified immunity does not apply to Bane Act or other state-law claims. Our Bane Act guide explains it further.

If someone died, the family may also have wrongful death and survival claims. Spouses, children and, in some situations, parents or others who depended on the person can bring those claims.

How long do you have to sue the police for excessive force?

The deadlines are short, and missing one can end part of your case.

• Six months for state-law claims. Before suing a California city, county or state agency for battery, negligence or a Bane Act violation, you must present a written government claim within six months of the injury (Government Code § 911.2). If the claim is rejected in writing, you generally have six months from the rejection to file suit. Our guide to the six-month government claim deadline walks through the steps.
• Generally two years for federal claims. A § 1983 claim does not require a government claim first. In California, the deadline is generally two years from the injury.

A complaint to internal affairs or a civilian oversight board is not a legal claim. It does not stop the six-month clock. If criminal charges are pending against you, your civil deadlines usually keep running anyway. Anything you say about the incident can be used in the criminal case, so talk to a lawyer before giving any statement.

What results have excessive force cases reached?

Outcomes vary widely. A few reported California examples, obtained by other firms:

• In March 2023, a federal jury in Santa Ana awarded $375,000, including $125,000 in punitive damages, to Deon Jones, who was struck in the face by a rubber bullet at a May 2020 protest in Los Angeles, ABC7 reported. The officer's attorney disputed the verdict.
• In 2024, the City of Brentwood agreed to pay $967,000 to settle a lawsuit by Talmika Bates, who alleged excessive force after a police dog bit her head during a 2020 arrest, according to Insurance Journal.

For a longer list of verified results by agency and year, see our table of police brutality settlements and verdicts in California. Every case is different. Past results, including those listed here, do not predict the outcome of any other case.

What to do now

1. Get medical care and tell the provider exactly how you were hurt. Follow up on every referral.
2. Photograph your injuries every few days as they change, along with torn or bloody clothing. Keep the clothing in a paper bag.
3. Write down everything while it is fresh: time, place, officer names or badge numbers, patrol car numbers, and what was said.
4. Find witnesses and video. Ask nearby businesses and neighbors about cameras quickly, since many systems record over themselves within days.
5. Do not post about the incident on social media and do not give a recorded statement to the agency or its insurer without a lawyer.
6. Call a lawyer well before the six-month mark. We send preservation letters for body-camera video, dispatch audio and force reports so they are not lost.

How LaCour handles excessive force cases

LaCour Trial Lawyers is a trial firm based in Pasadena that handles police misconduct and civil-rights cases across California. Jonathan P. LaCour leads these cases personally, and our team includes Spanish-speaking lawyers and staff. We work on contingency, so there is no fee unless there is a recovery. You can request a free, confidential review.

Frequently asked questions

This guide is general information about California and federal law and about public records as of its date. It is not legal advice, and reading it or contacting us does not create an attorney–client relationship. Allegations in lawsuits are claims, not findings. Prior results do not guarantee a similar outcome. Attorney advertising.