Suing an Officer and Agency After Winning a California DUI Case

Attorney Answer

This belongs with a civil rights lawyer, not in small claims — and the more urgent point is that your clock on the search claim probably started at the traffic stop, not at the day you won.

Start with the statute you named. Title 18 refers to 18 U.S.C. § 242, a federal criminal statute that only the United States can charge. It creates no private right of action, so you cannot sue on it. The correct civil vehicle for a claim that a state or local officer deprived you of a federal right under color of law is 42 U.S.C. § 1983.

Now the timing, which is where people in your position most often lose. In McDonough v. Smith, 588 U.S. 109, 139 S. Ct. 2149 (2019), the Supreme Court held that the limitations period for a § 1983 claim alleging that an official fabricated evidence used to pursue a criminal judgment does not begin to run until the criminal proceedings end in the plaintiff's favor. That rule is specific to fabricated-evidence and analogous malicious-prosecution theories. It does not cover what you have described. A Fourth Amendment unlawful search or seizure claim accrues when the search happens — so for the car search, your clock started at the stop, not at your acquittal. In California the limitations period for a § 1983 claim is two years under Code Civ. Proc. § 335.1. Depending on how long your case took, that period may be well advanced.

Your state-law claims against CHP and the officer have a different and shorter prerequisite. Cal. Gov't Code § 945.4 bars any suit for money or damages against a California public entity until a written claim has been presented and acted on or deemed rejected. Section 911.2 requires presentation within six months of accrual for personal-injury-type claims. Section 950.6 applies the same prerequisite and timing to suits against the public employee whose act caused the injury, and § 945.6 requires suit within six months after written notice of rejection. None of that applies to the federal § 1983 claim.

As for small claims: § 1983 claims are not a practical fit there. The jurisdictional dollar limit and the bar on attorney representation make it the wrong forum for a claim of this kind.

What you can do

1. Write down the date of the stop and the date the criminal case ended. Those are two different clocks and you need both. 2. Contact a civil rights attorney now, this week, and lead with the date of the stop. 3. Present a written government claim to CHP for the state-law claims — that is a prerequisite under § 945.4, not a formality. 4. Gather the proof of damages: the dismissal or acquittal order, pay records showing lost wages, and the towing, impound and repair costs. 5. Request the body camera, dash camera and dispatch records now if you do not already have them from the criminal case.

⏱ Time limits apply. Cal. Gov't Code § 911.2 requires a written claim within six months of accrual for the state-law claims, and § 945.6 requires suit within six months of written rejection. The § 1983 limitations period in California is two years under Code Civ. Proc. § 335.1, running from the search for a Fourth Amendment claim. Which dates apply to you depends on your specific facts — take them to a lawyer rather than counting on your own.