Most Police Officers are law-abiding public servants who take the oath to protect and serve seriously. Sadly, however, exists those officers that think they're "above the law". These tarnished badges make the law-abiding officer's look bad, and creates the assumption that the entire police department, for which he/she works, is corrupt.

I have been the victim of police misconduct and have begun the fight to stop it!

Currently IPS is being reviewed by the Police Complaint Center (PCC) located in Washington D.C., whereas after the review, my office will be able to use there resources, and vice versa, to stand stronger in the fight against misconduct. For more information about the Police Complaint Center please visit there website by clicking here: PCC.

Police misconduct may be either a civil or criminal violation (or both). In a civil case, you must prove that a pattern or practice of misconduct exists. Unlike in a criminal case, with a civil matter, you must prove that more likely then not the harassment/misconduct occurred (preponderance of the evidence).

It does not matter if the police chief conducted his/her own internal investigation and concluded that the officers were acting within the law. The police chief is responsible for the actions of his/her officers, and if in fact his/her officers violated the law, the chief of police will suffer consequences also. Don't take the chief's so called "investigation" to heart. Get an outside source to investigate the matter.

Let us help you by:

1. Obtaining Notarized complaints from the victims of police harassment.
2. Issuing Subpoenas (when applicable) to obtain police reports, notes, memorandums, etc.
3. Furnishing to you the information we've obtained by the U.S. Department of Justice.
4. Assisting you with proper contacts at the U.S. Department of Justice.

I would like to give you my personal strategy in proving that a pattern or practice of misconduct exists. Leaving a paper trail, after a while, will show that you had an ongoing problem:

• If you are continuously harassed and/or violated, you should go to the Police Department and ask for a complaint form. Fill out the complaint form and demand a copy. Give the complaint to the chief by (a) leaving it with the dispatcher, and/or (2) have it served by a disinterested party within 48 hours.*
  • If the Police refuse to give you a complaint form. Don't be discouraged. Just type or write out the events that have happened explaining the situation. Make sure you also note that the Police refused to assist you with your complaint and neglected to furnish you a complaint form. As soon as possible, locate a Notary Public and have them sign a jurat (affidavit certificate) on or attached to the document. This is a wise idea because a Notary Public is required to keep a journal of Notarial events. Therefore, the date and time of notarization will be recorded. Then, submit the complaint to the Chief of Police by having it served by a disinterested party within 48 hours. *
• If the harassment and/or violation is an isolated incident, then you should:
  • Fill out a complaint form
  • Notify the chief of police by handing over the complaint (GET A COPY)
  • Alert the town/city Government (selectmen, etc.).
• If you can't find any help and have exhausted all your resources you should consult an a attorney and see if your case is strong enough to file suite against the Police Department. In addition, you should also notify the Department of Justice so that they may investigate your claims.

OR

• Consider drafting a petition. If you are being harassed, the chances are that many others are too! Write a paragraph regarding known Police Corruption/Misconduct, and ask any citizen in your home town/city that has similar experiences sign the petition. You may have to do a little personal investigation to locate potential signers, but it will be well worth it in the end. (My advice: Alert the chief of police in a recorded meeting, or via certified mail, that you have started a petition. This will show, if in fact retaliation occurs, that the police have retaliated against you.) SEND THIS PETITION WITH AT LEAST 15 SIGNATURES TO THE ADDRESS BELOW.

 * Through time you should be able to use the copies of the complaints as evidence showing that a pattern of misconduct by the Police Officers exist.

All ongoing Police harassment, or even a severe isolated incident, should be filed with the Department of Justice's Civil Rights Division. You may alert them or request more information by calling (888) 848-5306 (voice and TDD), or by correspondence at:

Coordination and Review Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66560
Washington, D.C. 20035-6560

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The vast majority of the law enforcement officers in this country perform their very difficult jobs with respect for their communities and in compliance with the law. Even so, there are incidents in which this is not the case. This document outlines the laws enforced by the United States Department of Justice (DOJ) that address police misconduct and explains how you can file a complaint with DOJ if you believe that your rights have been violated.

Federal laws that address police misconduct include both criminal and civil statutes. These laws cover the actions of State, county, and local officers, including those who work in prisons and jails. In addition, several laws also apply to Federal law enforcement officers. The laws protect all persons in the United States (citizens and non-citizens).

Each law DOJ enforces is briefly discussed below. In DOJ investigations, whether criminal or civil, the person whose rights have been reportedly violated is referred to as a victim and often is an important witness. DOJ generally will inform the victim of the results of the investigation, but we do not act as the victim's lawyer and cannot give legal advice as a private attorney could. 

The various offices within DOJ that are responsible for enforcing the laws discussed in this document coordinate their investigation and enforcement efforts where appropriate. For example, a complaint received by one office may be referred to another if necessary to address the allegations. In addition, more than one office may investigate the same complaint if the allegations raise issues covered by more than one statute.

What is the difference between criminal and civil cases?

Criminal and civil laws are different. Criminal cases usually are investigated and handled separately from civil cases, even if they concern the same incident. In a criminal case, DOJ brings a case against the accused person; in a civil case, DOJ brings the case (either through litigation or an administrative investigation) against a governmental authority or law enforcement agency. In a criminal case, the evidence must establish proof "beyond a reasonable doubt," while in civil cases the proof need only satisfy the lower standard of a "preponderance of the evidence." Finally, in criminal cases, DOJ seeks to punish a wrongdoer for past misconduct through imprisonment or other sanction. In civil cases, DOJ seeks to correct a law enforcement agency's policies and practices that fostered the misconduct and, where appropriate, may require individual relief for the victim(s). 

It is a crime for one or more persons acting under color of law willfully to deprive or conspire to deprive another person of any right protected by the Constitution or laws of the United States. (18 U.S.C. §§ 241, 242). "Color of law" simply means that the person doing the act is using power given to him or her by a governmental agency (local, State, or Federal). A law enforcement officer acts "under color of law" even if he or she is exceeding his or her rightful power. The types of law enforcement misconduct covered by these laws include excessive force, sexual assault, intentional false arrests, or the intentional fabrication of evidence resulting in a loss of liberty to another. Enforcement of these provisions does not require that any racial, religious, or other discriminatory motive existed. 

What remedies are available under these laws?

Violations of these laws are punishable by fine and/or imprisonment. There is no private right of action under these statutes; in other words, these are not the legal provisions under which you would file a lawsuit on your own.

This law makes it unlawful for State or local law enforcement officers to engage in a pattern or practice of conduct that deprives persons of rights protected by the Constitution or laws of the United States. (42 U.S.C. § 14141). The types of conduct covered by this law can include, among other things, excessive force, discriminatory harassment, false arrests, coercive sexual conduct, and unlawful stops, searches or arrests. In order to be covered by this law, the misconduct must constitute a "pattern or practice" -- it may not simply be an isolated incident. The DOJ must be able to show in court that the agency has an unlawful policy or that the incidents constituted a pattern of unlawful conduct. However, unlike the other civil laws discussed below, DOJ does not have to show that discrimination has occurred in order to prove a pattern or practice of misconduct.

What remedies are available under this law?

The remedies available under this law do not provide for individual monetary relief for the victims of the misconduct. Rather, they provide for injunctive relief, such as orders to end the misconduct and changes in the agency's policies and procedures that resulted in or allowed the misconduct. There is no private right of action under this law; only DOJ may file suit for violations of the Police Misconduct Provision.
 
 

Together, these laws prohibit discrimination on the basis of race, color, national origin, sex, and religion by State and local law enforcement agencies that receive financial assistance from the Department of Justice. (42 U.S.C. § 2000d, et seq. and 42 U.S.C. § 3789d(c)). Currently, most persons are served by a law enforcement agency that receives DOJ funds. These laws prohibit both individual instances and patterns or practices of discriminatory misconduct, i.e., treating a person differently because of race, color, national origin, sex, or religion. The misconduct covered by Title VI and the OJP (Office of Justice Programs) Program Statute includes, for example, harassment or use of racial slurs, unjustified arrests, discriminatory traffic stops, coercive sexual conduct, retaliation for filing a complaint with DOJ or participating in the investigation, use of excessive force, or refusal by the agency to respond to complaints alleging discriminatory treatment by its officers.

What remedies are available under these laws?

DOJ may seek changes in the policies and procedures of the agency to remedy violations of these laws and, if appropriate, also seek individual remedial relief for the victim(s). Individuals also have a private right of action under Title VI and under the OJP Program Statute; in other words, you may file a lawsuit yourself under these laws. However, you must first exhaust your administrative remedies by filing a complaint with DOJ if you wish to file in Federal Court under the OJP Program Statute.
 
 

The Americans with Disabilities Act (ADA) and Section 504 prohibit discrimination against individuals with disabilities on the basis of disability. (42 U.S.C. § 12131, et seq. and 29 U.S.C. § 794). These laws protect all people with disabilities in the United States. An individual is considered to have a "disability" if he or she has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. 

The ADA prohibits discrimination on the basis of disability in all State and local government programs, services, and activities regardless of whether they receive DOJ financial assistance; it also protects people who are discriminated against because of their association with a person with a disability. Section 504 prohibits discrimination by State and local law enforcement agencies that receive financial assistance from DOJ. Section 504 also prohibits discrimination in programs and activities conducted by Federal agencies, including law enforcement agencies. 

These laws prohibit discriminatory treatment, including misconduct, on the basis of disability in virtually all law enforcement services and activities. These activities include, among others, interrogating witnesses, providing emergency services, enforcing laws, addressing citizen complaints, and arresting, booking, and holding suspects. These laws also prohibit retaliation for filing a complaint with DOJ or participating in the investigation.

What remedies are available under these laws?

If appropriate, DOJ may seek individual relief for the victim(s), in addition to changes in the policies and procedures of the law enforcement agency. Individuals have a private right of action under both the ADA and Section 504; you may file a private lawsuit for violations of these statutes. There is no requirement that you exhaust your administrative remedies by filing a complaint with DOJ first.
 
 

Criminal Enforcement

If you would like to file a complaint alleging a violation of the criminal laws discussed above, you may contact the Federal Bureau of Investigation (FBI), which is responsible for investigating allegations of criminal deprivations of civil rights. You may also contact the United States Attorney's Office (USAO) in your district. The FBI and USAOs have offices in most major cities and have publicly-listed phone numbers. In addition, you may send a written complaint to:

Civil Enforcement

If you would like to file a complaint alleging violations of the Police Misconduct Statute, Title VI, or the OJP Program Statute, you may send a written complaint to: 

You may also call the Coordination and Review Section's toll-free number for information and a complaint form, at (888) 848-5306 (voice and TDD).

If you would like to file a complaint alleging discrimination on the basis of disability, you may send a written complaint to:

You may also call the Disability Rights Section's toll-free ADA Information Line at (800) 514-0301 (voice) or (800) 514-0383 (TDD).

How do I file a complaint about the conduct of a law enforcement officer from a Federal agency?

If you believe that you are a victim of criminal misconduct by a Federal law enforcement officer (such as the Immigration and Naturalization Service; the FBI; the Customs Service; Alcohol, Tobacco, and Firearms; or the Border Patrol), you should follow the procedures discussed above concerning how to file a complaint alleging violations of the criminal laws we enforce. If you believe that you have been subjected by a Federal law enforcement officer to the type of misconduct discussed above concerning "Federal Civil Enforcement," you may send a complaint to the Coordination and Review Section, at the address listed above. That office will forward your complaint to the appropriate agency and office.

What information should I include in a complaint to DOJ?

Your complaint, whether alleging violations of criminal or civil laws listed in this document, should include the following information:

• Your name, address, and telephone number(s).
• The name(s) of the law enforcement agency (or agencies) involved.
• A description of the conduct you believe violates one of the laws discussed above, with as many details as possible. You should include: the dates and times of incident(s); any injuries sustained; the name(s), or other identifying information, of the officer(s) involved (if possible); and any other examples of similar misconduct. 
• The names and telephone numbers of witnesses who can support your allegations.
• If you believe that the misconduct is based on your race, color, national origin, sex, religion, or disability, please identify the basis and explain what led you to believe that you were treated in a discriminatory manner (i.e., differently from persons of another race, sex, etc.).

REPRODUCTION OF THIS DOCUMENT IS ENCOURAGED!