SACRAMENTO, Calif. (AP) — Police in California aren’t immune from civil proceedings for misconduct that occurs whilst they examine crimes, the state Very best Courtroom dominated this week, overruling a precedent made by means of decrease courts that had helped offer protection to regulation enforcement from litigation for many years.
The justices on Thursday unanimously rejected an issue by means of Riverside County that its sheriff’s deputies couldn’t be sued for leaving a person’s bare frame mendacity in simple sight for 8 hours whilst officials investigated his killing.
California regulation protects police from being sued for any hurt that occurs right through a prosecution procedure — even though the officer acted “maliciously and with out possible reason.” Now, the Very best Courtroom says police may also be sued for misconduct right through investigations.
The ruling cites earlier case regulation that outlined investigatory movements as the ones sooner than fees are filed.
“The potential of factual overlap between investigations and prosecutions does no longer justify treating them as one and the similar,” Justice Leondra Kruger wrote within the ruling.
Kruger famous the court docket issued a an identical ruling in 1974. However in 1994, a state appeals court docket followed a broader interpretation to protect police from proceedings stemming from habits right through investigations. Decrease courts were depending on that ruling to brush aside misconduct proceedings towards regulation enforcement that didn’t contain prosecutions.
A legal professional representing Riverside County within the case didn’t instantly reply to a request for remark Friday.
This actual case focused on Jose Leon, who was once shot and killed by means of a neighbor in 2017 southeast of Los Angeles in Riverside County. In a while after sheriff’s deputies arrived on the capturing, they heard a number of gunshots within reach and dragged Leon’s frame at the back of a police car, inflicting his pants to crumple and exposing his genitals, in step with the lawsuit. His spouse Dora Leon sued the county for negligence and emotional misery, pronouncing police had left her husband’s bare frame in simple view for hours. The case was once disregarded by means of decrease courts that dominated state regulation supplies immunity to regulation enforcement officials and companies for police habits right through investigations.
The Very best Courtroom reinstated Dora Leon’s lawsuit. Kruger wrote that the decrease courts’ choice was once fallacious, pronouncing police investigations can’t be interpreted as a part of the prosecution procedure.
Many native police departments have mechanically argued that they’re immune from injury claims “the instant a police officer arrives at the scene of against the law,” mentioned Richard Antognini, a legal professional representing Leon.
If the Very best Courtroom had dominated in want of the county, “it might have necessarily immunized them for nearly the rest,” he mentioned.
The hot ruling is helping take away a disadvantage for sufferers in search of damages from police misconduct, Antognini mentioned. California rules nonetheless supply immunity to positive sides of police investigations.
The ruling was once praised by means of John Burris, a California civil rights legal professional who has represented greater than 1,000 sufferers of police misconduct around the nation.
“This must have a good affect on police reform, as a result of now the regulation has spoken,” Burris mentioned. “Police must be educated and be higher knowledgeable as to what their duties are.”
Related Press author Claudia Lauer in Philadelphia contributed to the file.
