california criminal-procedure prosecutorial-discretion prosecution law-enforcement
What legal recourse do citizens have when law enforcement refuse to address crimes for political reasons?
<p>This is a bit of follow-up <a href="https://law.stackexchange.com/questions/48451/is-it-legal-for-a-district-attorney-to-choose-a-policy-to-not-prosecute-certain">to this situation</a>, although the question is different and things got much worse.</p>
<p>According to <a href="https://www.yahoo.com/entertainment/40-san-francisco-residents-plan-200200119.html?guccounter=1&amp;guce_referrer=aHR0cHM6Ly93d3cuZ29vZ2xlLmNvbS8&amp;guce_referrer_sig=AQAAAC24TmFvWz2WEm8TUWqwVdgTYf9RWV0DsHVFHE7YF4xE9-tc7pL5QDHUPuZFbQKhSzI-KC0qtaxR9qUL5ihrXnArOKq-IDSX94aZWMewvXjEmxIZPzBEyFFItOYP0E6yS_eKJYwbmvs-5SouuMak1zEWdKfr9-JIltnv1mn4ZMVR#:%7E:text=Washington%20Examiner-,40%25%20of%20San%20Francisco%20residents%20plan%20to%20leave,to%20quality%20of%20life%3A%20Poll&amp;text=The%20poll%20of%20500%20San,in%20the%20next%20few%20years." rel="nofollow noreferrer">a recent poll</a>, 40% of San Francisco residents are considering moving out of the city. Many attribute this in part to the SF DA, who even before COVID <a href="https://www.foxnews.com/politics/san-franciscos-newly-elected-da-pledges-not-to-prosecute-public-urination-other-quality-of-life-crimes" rel="nofollow noreferrer">publicly announced that he won't prosecute</a> quality of life crimes, as well as shoplifting under $950.</p>
<p>If harmed, what can SF residents <em>legally</em> do to reintroduce such prosecutions?</p>

<p>A lawsuit would be unsuccessful. Prosecutors have discretion to prioritize whichever offenses they think are most important, and they are generally immune from civil liability.</p>
<p>This is a political grievance, and it comes with a political remedy; voters can recall the DA or vote for a new one when his term ends.</p>

<p>Almost every crime has a civil counterpart for the victim to sue for a judgement, and certainly any private property or personal violence related crime does.  Victims of crimes can sue the perpetrator on their own if they have the resources to do so.  As a practical reality, suing a homeless person to get back damages is a waste of money since the defendant won't have any money to pay, but a declaratory judgement against stealing or a restraining order could be used to keep the defendant away in the future, or give a victim more recourse if the defendant attacks them or their property again because they are now violating a court order.  Judges can incarcerate a person in contempt of court independent of the District Attorney, though this again relies on the willingness of the government to enforce its own laws.</p>
