Institutional Accountability · Public Defendants
California Government Entity Liability — Suing Public Defendants
Civil claims against California public defendants — cities, counties, school districts, transit agencies, state agencies including CDCR. The procedure is strict but the recoveries can be substantial.
Strict deadlines. Specific procedures. Substantial recoveries when followed.
California's Tort Claims Act framework
California's Tort Claims Act (Cal. Gov't Code §§ 810 et seq.) governs civil claims against public entities and public employees acting in their official capacity. The framework is comprehensive and strict: it specifies which claims can be brought, against whom, and under what procedural prerequisites. The most important practical fact: a written claim must be presented to the public entity within six months of the date of injury (Cal. Gov't Code § 911.2) before suit can be filed. Missing this deadline can bar the claim entirely.
The six-month claim presentation deadline
Cal. Gov't Code § 911.2 requires written claim presentation within six months of accrual for personal injury, wrongful death, and property damage claims (one year for some other claim types). If the deadline is missed, Cal. Gov't Code § 911.4 allows a late-claim petition within one year of accrual upon a showing of mistake, inadvertence, surprise, or excusable neglect. Beyond one year, the claim is generally barred. These deadlines are firm. Early counsel matters.
Common categories of public entity defendants
- Cities — for police misconduct, premises hazards, infrastructure failures, employee negligence
- Counties — for sheriff's deputies, jails, juvenile facilities, child welfare
- State of California — including CDCR (state prisons), CHP, state-run institutions; subject to additional Eleventh Amendment limits in federal court
- School districts — for teacher misconduct, premises, transportation
- Transit agencies — bus and rail incidents
- Public hospitals — though we do not handle medical malpractice cases
- Public works and infrastructure — Caltrans, water districts, utilities
Substantive theories
- Vicarious liability (Cal. Gov't Code § 815.2) — public entity liable for employee torts within scope of employment
- Dangerous condition of public property (Cal. Gov't Code § 835) — public entity liable for known dangerous conditions on its property
- Mandatory duties (Cal. Gov't Code § 815.6) — entity liable for failing to perform a mandatory statutory duty
- Federal civil rights claims (42 U.S.C. § 1983) — for constitutional violations by state/local officials, see our Civil Rights § 1983 page
- Inverse condemnation — for damage to private property by public works (also relevant in utility wildfire cases)
- Specific statutory schemes — Bane Act (Cal. Civ. Code § 52.1), Tom Bane Civil Rights Act, public-records-related claims
Immunities — what public entities cannot be sued for
California public entity liability is the exception, not the rule — the Tort Claims Act enumerates specific liabilities. Public entities and employees enjoy substantial immunities for: discretionary decisions (Cal. Gov't Code § 820.2), prosecutorial functions, judicial acts, certain firefighting activities, certain emergency-response actions, and others. Each case requires careful analysis of whether the particular conduct fits within an enumerated liability or is barred by an immunity.
Common case categories where we encounter public entity defendants
- Sexual abuse in juvenile facilities (county defendants — overlap with our Juvenile Facilities page)
- Sexual abuse in women's prisons (CDCR + State of California — overlap with Women's Prisons)
- Premises injuries on public property (parks, sidewalks, schools — overlap with Premises Liability)
- Pedestrian or vehicle accidents involving public vehicles or roadway design defects
- Police excessive force or civil rights claims (overlap with § 1983)
“The cases we take are cases where the medical proof can carry the damages. That is not rhetoric — it is the test every file gets at intake.”
Law Offices of David L. Milligan · Fresno, California
Common Questions
I missed the six-month deadline. Is my case dead?
Possibly not. Cal. Gov't Code § 911.4 allows a late-claim petition within one year of accrual upon a showing of mistake, inadvertence, surprise, or excusable neglect. If denied, Cal. Code Civ. Proc. § 946.6 provides a court-petition remedy. Beyond one year, the claim is generally barred. Early consultation is critical.
Can I sue the State of California in federal court?
Generally no for damages under § 1983 — the Eleventh Amendment bars such claims against the State as an entity. State officials, however, can be sued in their individual capacities for conduct under color of state law. State-law claims against the State proceed in state court under the Tort Claims Act framework.
How are damages different against a public entity?
Public entities cannot be assessed punitive damages (Cal. Gov't Code § 818). Compensatory damages are recoverable on the same general framework as private cases — but joint and several liability is limited under California's Proposition 51 (Cal. Civ. Code § 1431.2) for non-economic damages. The procedural overlay (claim presentation deadline) is the biggest practical difference.
What's the difference between suing a city vs. suing a county vs. suing the State?
The same Tort Claims Act framework applies across all three. The substantive law is largely the same. Practical differences include: which claim form to use, where to file the claim, who pays, available coverage (cities and counties typically have larger insurance and self-insurance reserves than smaller agencies). The State has additional Eleventh Amendment limits in federal court.
For a confidential review of your case:
Important: This page is provided for general educational purposes only and does not constitute legal advice. Submitting an inquiry does not create an attorney–client relationship; that relationship is formed only by a written agreement signed after we evaluate the matter for conflicts and merit. Past results do not guarantee future outcomes. Statutory citations are illustrative; the legal framework applicable to a specific case depends on the facts. The Law Offices of David L. Milligan is licensed in California.