If injured during an arrest or apprehension, a defendant in one criminal matter can concurrently become a plaintiff in a civil suit. Because one lawyer should not handle both cases, clients in these situations benefit from a strategic alliance between criminal defense and personal injury lawyers. 

Anyone who has watched recent news or doom-scrolled social media has likely seen videos of law enforcement in California, from local police to Immigration and Customs Enforcement (ICE), conducting raids and apprehending suspects. Witness-filmed footage show often shows muscular, armed officers descending on men and women who pose no immediate threat, sometimes resulting in injury.

While video may not tell the entire story, the tactics captured often fit the description of police misconduct, which is a violation of California’s Civil Code. Furthermore, it could lead to civil suits against officers and their departments. When someone is arrested in California—regardless of the alleged crime—the manner in which police conduct themselves during apprehension can have profound legal consequences that unfold along two distinct legal tracks: criminal and civil.

To learn more, reach out to attorney Justin King at https://justinkinglaw.com/.

Let’s explore why this dual pathway makes collaboration between criminal defense and personal injury attorneys essential for full protection and justice.

Bridging The Gaps

Assume a defendant is arrested for disturbing the peace at a protest, and while in custody, is jabbed with nightsticks while handcuffed. This would generally be considered excessive force, violating penal and civil codes in California.

The defendant may not realize that sustaining a broken bone during an arrest–especially while already in custody–violates their civil rights. Once a criminal defense lawyer is hired, they should encourage the client to retain an injury lawyer since misconduct during arrest is distinct from the original alleged crime.

Following or alongside the criminal process, the defendant (now a plaintiff in civil court) may sue the officer and agency for injuries suffered during the arrest. 

Criminal Charges For Misconduct

California Penal Code § 13510.8 defines serious misconduct—including abuse of power and false arrest—providing statutory grounds for challenging the arrest’s legality. Furthermore, California Penal Code §§ 148.6 and 832.5 guarantee the right to file complaints about officer conduct, requiring agencies to investigate and retain records. Complaints are commonly filed as:

• Excessive Force (Penal Code § 149). This includes any use of force that is unreasonable under the circumstances, such as using a Taser on a handcuffed suspect or firing a weapon at an unarmed person.
• False Arrest (Penal Code § 236). This involves arresting someone without probable cause or for reasons unrelated to legitimate law enforcement.

These laws are designed to protect against the harm that can be caused, but not the extent of the injuries.

Protecting Constitutional and Statutory Rights

Federal and state laws protect the rights of the accused. For example, 42 U.S.C. § 1983 is a federal law that allows individuals to sue state and local officials, including law enforcement officers, for violating their constitutional rights. This includes areas of police misconduct, such as:

• Racial Profiling. This refers to targeting individuals based on their race or ethnicity.
• Failure to Intercede. This occurs when an officer stands by and does not intervene when another officer is using excessive force.
• Evidence Tampering. This involves altering, destroying, or fabricating evidence.
• Abuse of Power. This can include intimidating witnesses, obtaining false confessions, or making false arrests.

Police misconduct can inflict physical injuries, emotional trauma, and financial losses. A personal injury attorney’s role is to pursue civil remedies seeking compensation for medical expenses, lost wages, pain and suffering, and emotional distress.

California’s civil codes apply to injury claims stemming from police misconduct. This includes:

• Duty of Care (Civil Code § 1714).Officers are liable for injuries caused by lack of ordinary care during arrest.

• Comparative Fault (Civil Code § 1431.2).Each party is liable only for their percentage of fault; police may argue the arrestee contributed to the incident.

• Measure of Damages (Civil Code § 3333). Victims can recover full compensation for all detriment caused by misconduct.

This civil action is often the only avenue for victims to obtain redress for the harm suffered. In California, a notice of claim must be filed within six months of the incident for claims against government entities under 42 U.S.C. § 1983; personal injury lawsuits for police misconduct must generally be filed within two years (Cal. Civ. Proc. Code § 335.1).

Recent History of Misconduct Victories 

Scruggs v. Haynes is a foundational case, resolved in 1967, that demonstrates how civil claims of police misconduct can be successful in California. In that case, the plaintiff, Roy Arthur Scruggs, was injured during an encounter with police officers in Long Beach. He suffered severe physical injuries after being struck repeatedly by Officer Haynes while on the ground and helpless. Scruggs filed a civil lawsuit for assault and battery, as well as for false imprisonment, against the officers and the City of Long Beach.

The trial court found that Officer Haynes had used “unreasonable, excessive, unwarranted and unnecessary force” and awarded Scruggs $12,000 in compensatory damages and $5,000 in punitive damages against Haynes. Adjusted for inflation, those awards would equal $115,000 and nearly $48,000, respectively. Furthermore, Long Beach was held vicariously liable because Haynes was acting within the scope of his employment.

California plaintiffs continue to prevail in civil actions for police misconduct, especially when they can document excessive force, false arrest, or other clear violations of rights. Recent examples include:

Esabella Gatlin v. City of Santa Rosa (2025): $500,000 was awarded for false arrest and excessive force, further supporting the viability of civil claims against police departments for misconduct.

Jane Doe v. City of Claremont (2025): A $1.3 million settlement was reached for false arrest, excessive force, and malicious criminal prosecution, demonstrating robust remedies for victims.

Nguyen v. County of Orange (2024): A federal jury awarded $900,000 to a plaintiff for a coerced custodial confession, highlighting the courts’ willingness to compensate victims for violations of constitutional rights and police misconduct.

The pattern of settlements and jury awards in recent years underscores the willingness of the courts and public entities to provide meaningful compensation and accountability for police abuses.

Building a Strong Civil Case

A robust civil claim demands thorough evidence gathering, including medical records, expert testimony, eyewitness accounts and documentation of the misconduct. Video footage from security cameras or bystanders can be pivotal.

The personal injury lawyer seeks all these tools to build a case. Criminal lawyers may also possess such evidence, which is a key reason for defense and injury lawyers to align. Sharing this information strengthens both cases and enhances client service.

For example, a successful motion to suppress evidence in a criminal case may bolster a subsequent civil claim, while findings in a civil trial can influence criminal proceedings. Collaboration between criminal defense and personal injury attorneys ensures:

• Consistent legal strategy across both fronts.
• Protection of the client’s rights in both arenas.
• Maximization of potential remedies and outcomes.

Harmonizing Criminal Defense and Injury Law Practices
Police misconduct cases demand a coordinated approach that leverages the strengths of both criminal defense and personal injury attorneys.

Plaintiffs must understand that defending against criminal charges is only part of the battle; pursuing civil remedies is equally important for achieving full justice. Likewise, criminal defense lawyers should recognize when to refer clients to personal injury or civil rights attorneys, and vice versa.

Through joint advocacy, defense and injury lawyers can provide efficient and effective advocacy–ensuring no victim of police misconduct faces the system alone.