How to Report Police Misconduct

Police misconduct can include excessive force, false arrest, unlawful searches, discrimination, harassment, and failure to provide medical care. Reporting creates a record and can lead to discipline, policy changes or compensation.

Step 1: Get safe and get care

Seek medical treatment and photograph injuries. Medical records are important evidence.

Step 2: Document

• Officer names, badge numbers and patrol car numbers
• Date, time and exact location
• What happened, in order, written as soon as possible
• Witness names and contact information
• Your own and bystanders' videos; ask nearby businesses about cameras
• Copies of tickets, arrest records or property receipts

Step 3: File complaints

• The police department: internal affairs or a professional standards division. Ask for a complaint number.
• Civilian oversight boards or inspectors general, where they exist.
• State agencies: some state attorneys general or police licensing boards accept complaints.
• Federal: the Justice Department's Civil Rights Division accepts reports of civil rights violations through its online reporting portal (DOJ). Federal law makes it a crime for officials to willfully deprive people of constitutional rights (18 U.S.C. 242), and the Justice Department can investigate patterns or practices of unconstitutional policing (34 U.S.C. 12601).

Step 4: Consider a lawsuit

Under 42 U.S.C. 1983, people can sue state and local officials who violate their constitutional rights while acting under color of law. Claims include excessive force, false arrest and malicious prosecution. Defenses such as qualified immunity can make these cases complex. See civil rights violations.

Deadlines

Section 1983 claims use the state's personal injury statute of limitations, often two or three years. Claims against cities may also require a short notice of claim under state law.

If you are facing charges

Be careful about what you say in a complaint while criminal charges are pending, because statements can be used against you. Talk to a criminal defense lawyer first.

Retaliation

Retaliating against someone for filing a complaint can itself violate the First Amendment.

A civil rights lawyer can review evidence and deadlines, often on contingency. See also what to do when police stop you.

Sources

1. U.S. Department of Justice: Department of Justice launches civil rights reporting portal
2. Cornell Law School LII: 42 U.S.C. 1983, Civil action for deprivation of rights
3. Cornell Law School LII: 18 U.S.C. 242, Deprivation of rights under color of law
4. Cornell Law School LII: 34 U.S.C. 12601, Pattern or practice of conduct by law enforcement