The Fresno police misconduct lawyers at The Wagner Law Group are here to hold law enforcement accountable. Call 833.200.7111 or contact us online for a free consultation. We don’t charge a fee unless we win.
Law enforcement officers hold a position of tremendous power and trust. When that power is abused — through excessive force, unlawful arrest, or other misconduct — the consequences can be devastating, including serious injury or death. California law and federal civil rights statutes give victims and their families powerful legal tools to hold individual officers and their departments accountable.
Types of Police Misconduct We Handle
The Wagner Law Group represents victims of all forms of law enforcement misconduct, including:
- Excessive force and brutality — use of force that goes beyond what was reasonably necessary
- Wrongful death by police — fatal shootings, chokeholds, or other deadly force used unlawfully
- False arrest and unlawful detention — arrest without probable cause or legal justification
- Civil rights violations — violations of your constitutional rights under the Fourth and Fourteenth Amendments
- Failure to provide medical care — denying necessary medical treatment to someone in custody
- Malicious prosecution — pursuing criminal charges without probable cause to cause harm
Federal and State Legal Protections for Misconduct Victims
Police misconduct cases involve multiple overlapping legal frameworks that experienced attorneys must navigate carefully:
42 U.S.C. Section 1983
Federal civil rights law allows victims to sue individual officers and government agencies for violations of constitutional rights. These claims can result in significant compensation and are one of the primary tools for holding law enforcement accountable.
California Bane Act (Civil Code 52.1)
California’s Bane Act provides additional protections beyond federal law, allowing victims to pursue enhanced damages when an officer interfered with their constitutional rights through threats, intimidation, or coercion.
Monell Claims Against the Municipality
When misconduct stems from a department’s policies, inadequate training, or culture of ignoring officer abuse, the city or county itself can be held liable — not just the individual officer.
The Government Tort Claim Deadline
This is critical: if your police misconduct claim is against a government agency, you may have as little as six months from the date of the incident to file a government tort claim — far shorter than the standard two-year deadline. Missing this deadline can permanently bar your claim. Contact us immediately to protect your rights.
What Compensation Can Victims Recover?
Police misconduct victims and their families can pursue compensation for:
- Medical expenses for injuries caused by misconduct
- Lost wages and reduced earning capacity
- Pain and suffering and emotional distress
- Wrongful death damages for surviving family members
- Punitive damages against officers who acted with malice or reckless disregard
- Attorney’s fees in successful civil rights cases
Why Choose The Wagner Law Group
Police misconduct cases are among the most challenging in civil litigation. Law enforcement agencies have legal teams and institutional resources working against you from day one. You need attorneys who are experienced, aggressive, and unafraid to take on government entities. When you work with us:
- You pay nothing upfront — we work on contingency, no fees unless we win
- We have over 27 years of experience representing victims against powerful institutions
- We navigate both federal Section 1983 claims and California state law simultaneously
- We handle all deadlines and government filing requirements on your behalf
- We are fully prepared to take your case to trial
Call 833.200.7111 for a free, confidential consultation. Don’t let a deadline pass — contact us today.
Frequently Asked Questions
Can I sue the police department or just the individual officer?
Both. Under federal law you can sue individual officers directly. If the misconduct resulted from department policy, inadequate training, or a pattern of abuse, you can also sue the city or county itself through what’s called a Monell claim.
What is qualified immunity and does it prevent me from suing?
Qualified immunity protects officers from personal liability only when their conduct did not violate clearly established law. It is not an automatic shield — many cases succeed despite qualified immunity defenses. An experienced civil rights attorney can evaluate whether it applies to your case.
How long do I have to file a police misconduct claim?
If your claim involves a government agency, you may have only six months from the date of the incident to file a government tort claim. Do not wait — contact us immediately to protect your rights.
What if the officer was not criminally charged?
A civil lawsuit and criminal prosecution are entirely separate. You can pursue a civil claim regardless of whether the officer faces criminal charges or is acquitted. The burden of proof in a civil case is lower than in a criminal case.
How much does it cost to hire a police misconduct lawyer?
Nothing upfront. The Wagner Law Group works on contingency — you pay nothing unless we recover compensation for you.
