California law protects police from being sued for any harm that happens during prosecution process — even if the officer acted “maliciously and without probable cause.” Now, the Supreme Court says police can be sued for misconduct during investigations.
SACRAMENTO, Calif. — Police in California are not immune from civil lawsuits for misconduct that happens while they investigate crimes, the state Supreme Court ruled this week, overruling a precedent made by lower courts that had helped protect law enforcement from litigation for decades.
The ruling cites previous case law that defined investigatory actions as those before charges are filed. A lawyer representing Riverside County in the case did not immediately respond to a request for comment Friday.
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