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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10238
Experience:  Civil litigation attorney for individuals and businesses.
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Fresno Ca. police broke down door and broke window of my tenant on sus

Customer Question

Fresno Ca. police broke down door and broke window of my tenant on suspicion of hostage situation and was false alarm. Fresno City rejects my claim for damages due to operation of the law. Can I get reimbursed from the City so I can pay back the insurance company? Because the incident is like getting a ticket on my property insurance and puts me into a higher risk and causes the insurance rate to go higher. Thanks
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.
I am sorry to learn of this situation.Unfortunately, this is not a "cut and dry" issue and the matter is going to be highly fact dependent (see: http://blogs.lawyers.com/2011/09/your-rights-when-police-raid-your-home-by-mistake/). If the police can establish that their entry was reasonable, they can avoid liability for the damage to the home and you will be left with the recovery from your insurance company.However, if you can show that the police acted unreasonably (that there was no basis for them to enter the home, or no reason for them to enter in the way that they did, you can recover from them).The procedure for making a claim against a government entity requires you to first go through the Fresno City Attorney's Office, making a "government tort claim" through the administrative process (which you may have already done). If the City denies this formal claim, you can then file a civil suit against the city to recover the damages. As you have made an insurance claim, you will want to work with your insurance carrier to coordinate this the carrier will almost certainly have "subrogation rights" against any claim.