Police Misconduct and Excessive Force: How to File a Complaint or Civil Rights Claim

Most police encounters end without incident, but when officers use unreasonable force or violate rights, there are ways to seek accountability. The process is complex and deadlines can be short, so organize early.

Immediate steps

1. Get medical care and tell providers how you were injured.
2. Photograph injuries over several days, as bruising develops.
3. Write down everything you remember, including badge numbers, patrol car numbers, times and witnesses.
4. Preserve clothing and damaged property.
5. Save video from phones, doorbells and nearby businesses.
6. Do not post details online before speaking to a lawyer.

Types of complaints

• Internal affairs complaint to the police department.
• Civilian oversight board or inspector general complaint where available.
• Complaint to the state attorney general or federal Department of Justice civil rights division.
• Civil lawsuit for damages.
• Criminal referral in serious cases.

Civil rights claims

A federal claim under 42 U.S.C. section 1983 can seek damages when officers acting under government authority violate constitutional rights, such as through unreasonable force or unlawful arrest. Courts judge force by whether it was objectively reasonable in the circumstances. Qualified immunity can shield officers unless they violated clearly established law, which makes these cases difficult.

Deadlines

Many states require a written notice of claim to a city or county within a short window, sometimes months, before suing government entities, and civil rights claims have statutes of limitations that borrow from state law. Contact a civil rights lawyer promptly.

Open records

Lawyers can request body camera footage, dispatch records, use-of-force reports and policies under public records laws and discovery. Send preservation requests quickly, since recordings may be deleted on a schedule.

Pending criminal charges

If you were charged after the incident, talk to your criminal defense lawyer before filing complaints or making statements, since they can affect your case. Civil claims may be affected by the outcome of criminal charges.

Finding help

Civil rights attorneys often take strong cases on contingency. Legal aid, the ACLU and local civil rights organizations may provide referrals or resources. Beware of pressure to settle quickly or waive claims.

Real-life scenarios

1. A person photographs injuries over a week and obtains video from a store before filing a complaint.
2. A family sends a notice of claim within the city's deadline.
3. A lawyer requests body camera footage and use-of-force reports.

Common mistakes to avoid

• Not documenting injuries.
• Posting accusations online.
• Missing notice-of-claim deadlines.
• Giving statements to investigators without advice.
• Not preserving video.
• Ignoring pending criminal charges.

Questions to ask a professional

• What deadlines apply?
• Which complaint channels fit my situation?
• What is the likely effect of qualified immunity?
• How do I obtain footage and records?
• How will criminal charges affect a civil claim?

A practical action plan

1. Get medical care and document injuries.
2. Preserve video and witness information.
3. Calendar notice and filing deadlines.
4. Consult a civil rights lawyer.
5. File appropriate complaints.

Terms you may hear

• Excessive force: force beyond what is objectively reasonable.
• Qualified immunity: protection for officers unless clearly established law was violated.
• Section 1983: federal law allowing suits over rights violations.
• Notice of claim: required notice before suing a government.
• Internal affairs: a department unit investigating officers.

Creating a timeline

Write a detailed account as soon as possible, in order, including what led to the encounter, what officers said and did, injuries, witnesses and what happened afterward. Add photos, medical records and video as attachments. A clear timeline helps lawyers evaluate your claim quickly.

Understanding the limits of internal complaints

Police departments investigate themselves in many places, and outcomes may not lead to discipline. Filing still creates a record that can support later claims. Ask for a copy of your complaint and the investigator's contact information.

Looking after your wellbeing

Encounters with excessive force can cause lasting physical and emotional harm. Seek medical and mental health care, and keep records of treatment. Community organizations and victim advocates can provide support during a long process.

Frequently asked questions