How long do I have to sue for police misconduct in California?

Two years for federal civil rights claims under 42 U.S.C. § 1983, which borrow California's personal-injury period in Code of Civil Procedure section 335.1 — but parallel state-law claims against a city or county require a Government Claims Act presentation within six months under Government Code section 911.2, and that shorter deadline catches people.

Two years for the federal claim — but six months for the parallel state claims, and the shorter deadline is the one that catches people. Federal civil rights suits under 42 U.S.C. § 1983 for excessive force, false arrest, or other constitutional violations borrow the forum state's personal-injury statute, which in California is the two-year period of Code of Civil Procedure section 335.1, running from the violation. State-law claims arising from the same incident — battery, negligence, and Bane Act claims (Civil Code section 52.1) against the officer's employing city or county — require a Government Claims Act presentation within six months (Government Code section 911.2), with suit following a rejection within six months (section 945.6). Practical preservation matters as much as deadlines: body-worn camera footage of many critical incidents is subject to disclosure under Government Code section 6254(f)(4), and peace-officer personnel records of shootings and serious force became public under Penal Code section 832.7 (SB 1421). The Bane Act adds statutory damages and attorney fees to constitutional claims pursued in state court.

Authority: 42 U.S.C. § 1983; Cal. Gov. Code § 911.2