Can I sue a police officer for misconduct?
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Yes, you can sue a police officer or department for misconduct such as perjury or destroying evidence, but it’s a tough road. These cases face major hurdles like qualified immunity, strict time limits, and proving intent. Because this happened when you were a juvenile, the statute of limitations and your age will play a big role in whether your case can move forward.
Under a civil rights claim (a §1983 action), you’d need to show the officer’s actions violated your constitutional rights and caused harm. The destruction of evidence and false reporting could support this, but strong proof and timely filing are crucial.
As for suing a public defender, they typically have immunity unless they acted outside their legal role. It’s rare to succeed unless there’s clear malpractice and damage. Some statutes of limitations pause (“toll”) for minors until they turn 18, so timing is key.
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Can you sue a police officer or department for perjury or destroying evidence?
I understand your concern. Have you or someone you know been affected by perjury or evidence tampering involving a police officer?
Yes
Can you provide more details about the specific incident or case involving the alleged perjury or destruction of evidence by the police officer or department?
The officer lied in his written report that I admitted to certain acts during an interrogation and then proceeded to destroy the recording, telling the court he “lost it.”
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your police misconduct issue.
No
Hello! My name is Michael, and I'm an attorney ready to help. Your responses matter to me, so I only need a few minutes to review and respond to each of your posts.
Do you have any documentation or witnesses that could help prove what was actually said during the interrogation or confirm that the recording existed before it was destroyed?
It was just myself and two detectives in the room. They placed the recorder on the desk and informed me they were recording. I submitted an official complaint, and the department only addressed the audio, claiming there were “deficiencies” by one of their personnel that caused the audio to be “lost.”
They did not address the perjury claim, so I submitted a secondary complaint and am waiting to hear back.
Okay, thanks! Did you receive a copy of the department’s internal investigation findings, and if so, does it mention any attempt to recover the recording or explain why the officer’s report doesn’t match what you actually said?
They claimed that person no longer works in the department, and I did receive a disposition letter that didn’t mention a specific disposition.
It does not mention attempts to recover the audio, and again, they ignored the perjury claim.
Understood! So you're just wondering what your rights are here, correct? Also, I appreciate you using AskaLawyer—it means a lot to be able to help. Let’s make this a smooth session for you.
Yes, I am seeking to file a civil lawsuit. This happened when I was in juvenile court at 14 years old.
Due to the circumstances, I felt my best option was to take a plea deal—it felt like a kangaroo court.
My public defender and parents swayed me to make that decision, which I regret. I was told by other lawyers that I should sue my public defender for not petitioning to dismiss the written report after the audio was lost.
Got it! Was there anything else you wanted to add? If not, I can begin working on your answer.
No, that’s it.
Okay! I've been working on an answer while we've been chatting, so it'll just be a moment.
I'm so sorry about this situation. Here’s the breakdown:
Yes, you can sue a police officer or department for misconduct such as perjury or destroying evidence, but it’s a tough road. These cases face major hurdles like qualified immunity, strict time limits, and proving intent. Because this happened when you were a juvenile, the statute of limitations and your age will play a big role in whether your case can move forward.
Under a civil rights claim (a §1983 action), you’d need to show the officer’s actions violated your constitutional rights and caused harm. The destruction of evidence and false reporting could support this, but strong proof and timely filing are crucial.
As for suing a public defender, they typically have immunity unless they acted outside their legal role. It’s rare to succeed unless there’s clear malpractice and damage. Some statutes of limitations pause (“toll”) for minors until they turn 18, so timing is key.
Does that help clarify things?
That does, thank you. I understand it’s not an easy case. Despite hundreds of inquiries, I can’t find an attorney willing to take it. Most police misconduct lawyers only take active criminal or physical injury cases.
Does your service help find a lawyer or at least get the ball rolling in court?
I hear you. Many civil rights attorneys focus on excessive force cases, not evidence tampering or wrongful conviction claims. What happened to you still matters.
While this service doesn’t directly assign lawyers, it can help clarify your legal options and guide you in filing pro se or building a stronger case to present to potential counsel.
Thanks for the help. I don’t know if this matters, but the department has a civilian-run review board. They hold public meetings every other month, all of which are recorded and posted online.
I spoke at the December meeting about the misconduct, but that specific recording is missing. The city attorney wrote me saying, “due to an inadvertent error the recording does not exist.”
Does that qualify as “new” evidence showing they’re still covering up misconduct?
Yes, the missing December meeting recording could be considered new evidence of a continuing pattern of misconduct or a cover-up—especially if all other meetings are intact.
It supports your claim that the department is still trying to bury what happened. It may not reopen your original case on its own, but it strengthens a civil claim or complaint to the review board, attorney general, or a court.
Did you have any other details or concerns you wanted addressed?
No, that was it for now, thank you.
Thank you so much for contacting us! We're happy to help whenever you need it.
