U.S. Department of Justice
Civil Rights Division
Coordination and Review Section
ADDRESSING POLICE MISCONDUCT
LAWS ENFORCED BY THE
UNITED STATES DEPARTMENT OF JUSTICE
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).
Federal Criminal Enforcement
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.
Federal Civil Enforcement
"Police Misconduct Provision"
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.
Title VI of the Civil Rights Act of 1964
and the "OJP Program Statute"
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.
Title II of the Americans with Disabilities Act of 1990
and Section 504 of the Rehabilitation Act of 1973
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.
How to File a Complaint with DOJ
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:
Criminal Section - PHB
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue NW
Washington, D.C. 20530
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:
Coordination and Review Section - NWB
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue NW
Washington, D.C. 20530
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:
Disability Rights Section - NYA
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue NW
Washington, D.C. 20530
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.
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