Revising California law to allow recovery when police violate constitutional rights
Overview The California Supreme Court should overrule its decision in Michel v. Smith, which granted police supervisors immunity for their officers’ misconduct.[1] Michel was wrong in 1922 and has become more wrong since. Worse, courts have interpreted Michel so that its exceptions — which were necessary to its holding — no longer exist. Overruling Michel would give plaintiffs remedies when police violate their constitutional rights and increase pressure on police supervisors to end inhumane and unconstitutional practices. Analysis It is nearly impossible to pursue police misconduct claims under federal law Congress adopted 42 U.S.C. section 1983 to authorize suits alleging...