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Special Litigation Section Frequently Asked Questions
Complaints
Civil Rights of Institutionalized Persons Act
Law Enforcement Misconduct
Department of Justice Police Misconduct Pattern or Practice Program
GeneralNo. The Section cannot represent individuals. Instead, the Section conducts investigations into conditions in state and local institutions, often based on complaints brought by individuals. If we find that there is a pattern or practice of serious civil rights violations and are unable to reach an agreement with the facility on how to remedy those problems, we may file a lawsuit in the name of the United States to seek a court order to reform the institution. However, even when we bring a lawsuit, we are not authorized to seek money damages for individuals or other relief for a particular facility resident. Our cases must seek reforms for illegal conditions in the institution. Q: Can you help find a lawyer to represent me? Unfortunately, our office is unable to assist citizens in obtaining representation. Local legal services offices may be able to assist low-income citizens (the Legal Services Corporation, a federally-funded program that provides funding to local legal aid offices, has a web-site that may assist you in contacting your local legal aid office). Q: Can you give me legal advice about how I should deal with my individual case or problem? No -- Section attorneys represent the federal government and cannot represent,
or give legal advice to, individuals. Q: Can you help me with my emergency problem? We are not permitted to represent individuals. Instead, our office is
focused on investigating systemic problems in institutions and bringing about
long-term solutions that improve conditions in the facility as a whole.
We are not authorized, therefore, to investigate or attempt to resolve individual
cases. Even in cases where we are investigating a pattern or practice
of alleged violations of individuals' federal rights, the process of investigating
the facility and then taking steps to remedy any violations found is a time-consuming
process. Therefore, if you have an emergency situation, you should
take steps to resolve the problem in addition to contacting our office. Q: What are you going to do with my complaint? We carefully consider all complaints. However, we do not have authority to investigate every complaint that we receive. Before opening an investigation of any facility or agency, we must have sufficient evidence to believe that there may be a pattern or practice of violating citizens' civil rights. We use citizen complaints to help us make that determination and to decide which facilities and agencies upon which to focus our investigative resources. Q: How do you decide whom to investigate? We receive information and allegations from a variety of sources -- individual citizen letters and phone calls, newspaper articles, referrals from other government agencies and sections of the Department of Justice, and contacts from advocacy groups, among others. The Section opens CRIPA and law enforcement agency conduct investigations when it receives sufficient credible evidence to indicate that an institution or agency may be engaging in a pattern or practice of violating citizens' federal rights. Q: Can I make a confidential complaint? If asked, we will do our best to keep any information we receive confidential. However, in the course of litigation, a court may order the United States to turn over information provided to us during the course of our investigations. Q: Am I subject to retaliation for making a complaint? Section 1997d of CRIPA prohibits retaliation against persons for reporting conditions that may constitute a violation under CRIPA. Civil Rights of Institutionalized Persons ActJails and PrisonsQ: What kinds of issues in jails and prisons do you investigate?We investigate a broad range of issues affecting the constitutional rights of inmates, including medical care, mental health care, fire safety, sanitation, access to courts, and protection from abuse by staff and other inmates. The problems must rise to the level of a constitutional violation. Thus, some complaints by inmates about conditions in a facility, while perhaps legitimate, are nonetheless not serious enough to be considered federal civil rights violations subject to investigation by our office. Q: What kinds of issues in jails and prisons do you not investigate? We often receive requests for assistance that go beyond our authority. We are not authorized to investigate:
Q: Can you help me appeal my conviction or sentence? No -- our authority is limited to investigating conditions of confinement. Q: Can you help me with my parole hearing? No -- our authority is limited to investigating conditions of confinement. Q: Can you help me get a transfer to another jail or prison? No -- our authority is limited to investigating conditions of confinement. Q: Can you investigate conditions in a federal prison? No -- our jurisdiction is limited to state and local jails and prisons. However, sometimes inmates awaiting a federal trial are put in state or local jails, and we do have jurisdiction over conditions in those facilities (complaints about conditions of confinement for federal inmates awaiting trial can also be made to the U.S. Marshals Service). Complaints regarding conditions in federal prisons can be made to the U.S. Bureau of Prisons. Q: Can you investigate conditions in an INS detention facility? No -- our jurisdiction is limited to state and local jails and prisons. However, sometimes INS detainees are held in state or local jails or detention centers, and we do have jurisdiction over conditions in those facilities. Complaints about conditions of confinement for INS detainees may be made to the Immigration and Naturalization Service. Law Enforcement MisconductOur police misconduct investigations focus on a number of different types of law enforcement violations of citizens' civil rights, including excessive force (such as excessive use of deadly force, pepper spray, or improper use of canines), racially discriminatory behavior (such as racial discrimination in traffic stops), and false arrest. The misconduct must rise to the level of a violation of a federal statute or the United States Constitution. Therefore, there are some forms of inappropriate police behavior -- such as ineffective law enforcement practices -- that do not fall within our jurisdiction. Q: I was falsely arrested. Can you help me get the charges dropped or assist with my criminal case? Although we are interested in receiving complaints about false arrests and other complaints about the conduct of police officers, we are limited to investigating patterns or practices of police misconduct and seeking to remedy those patterns through overall reforms of police departments. We cannot represent individuals or become involved in criminal proceedings. You will need to work with your attorney, or court-appointed counsel, to resolve your criminal case. Q: The police are harassing me. Can you help make them stop? Although we are interested in receiving complaints about police harassment and other complaints about the conduct of police officers, we are limited to investigating patterns or practices of police misconduct and seeking to remedy those patterns through overall reforms of police departments. This process takes time and involves investigation into large numbers of incidents and the general practices of the police department, rather than the resolution of individual complaints. Moreover, we are not authorized to represent individuals or resolve individual complaints. However, the Civil Rights Division's Coordination and Review Section does have authority to investigate individual complaints alleging 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. Individual complaints about discrimination based on disability can be made to the Civil Rights Division's Disability Rights Section.
Department of Justice Police Misconduct Pattern or Practice Program
Q: What are the primary sources of DOJ's authority to address a pattern or practice of police misconduct?
Q: What do the pattern or practice laws make illegal?
Q: How does DOJ obtain information about police misconduct? The Department has received thousands of complaints and referrals asking us to investigate alleged police misconduct. This information comes from a wide variety of sources: individuals; organizations and advocacy groups working on police and civil rights issues; attorneys and parties in civil litigation involving police departments; individual officers or their representatives; prosecutors and criminal defense attorneys; judges; investigative reports regarding police departments by academics, review panels, and journalists; referrals from the FBI or other parts of the Civil Rights Division; inquiries from members of Congress and other federal officials; and requests for a civil rights review from police departments or jurisdictions themselves. The Special Litigation Section of the Civil Rights Division is charged with reviewing and investigating allegations of a pattern or practice of police misconduct, in coordination with the U.S. Attorneys' offices. Q: Does DOJ investigate every complaint to see if there is a pattern or practice violation? In our initial review of an allegation of police misconduct, we assess whether the allegation, if proven, would establish a violation of a federal law the Department has authority to enforce. We also assess whether the allegation potentially could constitute a pattern or practice violation. We are aware that sporadic bad incidents or the actions of the occasional bad officer do not constitute a pattern or practice of misconduct. In fact, most of the complaints we receive involve such individual claims of misconduct by a specific officer or officers. Unless there is information indicating a pattern of misconduct or systemic practices underlying the misconduct, these individual incidents do not fall within our pattern or practice investigation authority. We take no further action and either close the matter or, if appropriate, refer the complaint to the DOJ offices with responsibility for handling these claims. (Individual claims may be investigated to determine if there is a criminal civil rights violation by an individual officer or if there is prohibited discrimination by a recipient of federal financial assistance.) With regard to allegations that could potentially constitute a pattern or practice, we look to a variety of sources to determine if there is any information that tends to support the allegations. At this stage of an inquiry, we often consult with any complainants or persons who have contacted us and with other Department of Justice components (including the United States Attorney and the FBI), review published reports about lawsuits or other actions involving the police agency, and consult with other persons who may have information about the complaint. This includes organizations and advocacy groups working on police and civil rights issues; attorneys and parties in civil litigation involving police departments; and prosecutors and criminal defense attorneys. If our initial review does not produce evidence tending to support the existence of a pattern or practice violation, we close the matter. In the last several years, the Department has conducted and closed this kind of initial inquiry in approximately 70 jurisdictions. Q: How does DOJ decide which law enforcement agencies to investigate? If the initial review uncovers information tending to support the existence of a pattern or practice violation, authorization may be sought from the Assistant Attorney General for the Civil Rights Division to conduct a pattern or practice investigation. We have more credible allegations of a pattern or practice that warrant investigations than we have been able to pursue. We exercise our discretion to prioritize certain investigations or certain types of allegations. In general, we consider a variety of factors, including the seriousness of the alleged misconduct, the type of misconduct alleged, the size and type of law enforcement agency, the amount of detailed, credible information available and the potential precedential impact. So far, our investigations have focused on allegations of excessive force, including associated search and seizure issues, and racial or ethnic discrimination in traffic or pedestrian stops. All types of law enforcement agencies have been investigated: state, urban, suburban and rural. We have investigated both large and small agencies. Q: Who conducts pattern or practice investigations? Attorneys in the Special Litigation Section of the Civil Rights Division, sometimes working together with attorneys in the relevant United States Attorney's office, are responsible for conducting pattern or practice investigations. Our attorneys receive substantial training through the Section, the Division, and the Department, as well as attending courses and conferences on use of force and other police practices sponsored by the Federal Bureau of Investigation and other organizations in law enforcement. The attorneys are supported by appropriate professional and clerical staff, and are closely supervised by the Chief, Deputy Chiefs, and Special Counsel in the Special Litigation Section. In addition, we often retain consultants in areas such as police practices, police training, police management and statistical analysis. Our consultants are selected for a specific investigation or case based upon the needs of the particular matter. We seek consultants who have expertise based upon their experience, education, and research or writings, as well as a reputation for fair analysis. On occasion, we also ask the FBI to assist with an investigation. Q: What does DOJ look at in pattern or practice investigations? Our pattern or practice investigations involve a comprehensive evaluation of the agency's policies, procedures and actual practices impacting on the areas in which there are allegations of misconduct. Our investigations include examination of specific incidents that may be pieces of an alleged pattern of misconduct and civil rights violations. In general, we review the following kinds of information:
Q: Does DOJ maintain direct contact with the jurisdiction's officials and the head of the law enforcement agency during a pattern or practice investigation? We typically seek to maintain direct contact with the jurisdiction's officials and the head of the law enforcement agency, as well as the jurisdiction's attorney, during a pattern or practice investigation. In some jurisdictions, however, ethical rules governing the conduct of attorneys, do not allow us to talk directly to officials or police chiefs without the express permission of their attorneys. Q: Does DOJ consider the views of rank and file officers and their collective bargaining representives during pattern or pratice investigations?In our pattern or practice investigations we try to consult with and take into account the views of all affected parties. We have learned from experience that it is important to establish lines of communication with representatives of rank and file officers early on in our investigations. Our current policy and practice is to contact and attempt to meet with union or collective bargaining representatives at the beginning of a pattern or practice investigation. We offer to explain the general purpose and structure of the planned investigation and answer questions about our pattern or practice program. At the initial meeting, and throughout the investigation, we seek out the views and input of both the representatives and the officers they represent regarding the subject matter of our investigation. We welcome the opportunity to hear the perspective of rank and file officers at any time, and in one investigation, the union published our office phone number in its newsletter. Throughout our investigations, we maintain an open door policy and periodically contact union representatives to update them on the status of the investigation. At the end of our investigation, if we find a pattern or practice violation, we notify the jurisdiction and then work with jurisdiction officials to ensure that rank and file representatives are informed about our findings. As the matter progresses into settlement negotiations or contested litigation, we continue to maintain contact and encourage discussions with representatives of the rank and file, to the extent possible in light of state and local law, collective bargaining agreements, the sometimes delicate or tense state of labor relations, litigation rule constraints and other external factors. Q: Does DOJ work with city and police department officials to address concerns that are identified during pattern or practice investigations? Yes. As discussed above, our investigations involve detailed examination of a law enforcement agencies' policies, practices and procedures. As our police practices consultants identify areas of concern, we provide technical assistance to city and police department officials by identifying deficient policies and management practices and suggesting a variety of possible solutions. We typically memorialize this technical assistance in letters. In some instances, where a request is made by the jurisdiction, we have arranged for direct technical assistance presentations to agency personnel by our police practices consultants. In past investigations, our technical assistance has addressed subjects that include: improving use of force policies, procedures, and training; improving procedures for investigating serious complaints and uses of force; enhancing supervision of officer use of force, conduct of arrests, stops, and searches; implementing effective risk management systems;(through policy reform and data collection); and increasing management accountability. Q: How long does a pattern or practice investigation last? We aim to complete our pattern or practice investigations within one and one-half years from the time they are begun. The most important factor in determining whether we can meet or exceed that goal is the degree of cooperation we receive from the jurisdiction. For example, our Cincinnati and Pittsburgh investigations were each completed in less than one year, while other investigations have taken significantly longer. However, in most investigations a variety of factors influence our ability to quickly complete our work.
Q: If DOJ opens a pattern or practice investigation and concludes that there isn't a violation or that litigation isn't warranted, do you notify the police department? If we have notified a police department that we have opened a pattern or practice investigation, we notify the department of the outcome of the investigation. Q: How many pattern or practice investigations does DOJ have right now? As of January 31, 2003, pattern or practice investigations of 14 agencies are ongoing. In general we do not announce the initiation of a pattern or practice investigation; however, the jurisdictions we are investigating often make that information public, particularly where the jurisdiction has requested the investigation. Our investigations in the following jurisdictions are public: Charleston, WV; ; Cleveland, OH; Detroit, MI; Eastpointe, MI; City of Miami, FL; New Orleans, LA; New York City, NY (two investigations: one regarding use of force, one regarding the street crimes unit and stop and frisk practices); Portland, Maine; Prince George's County, MD; Providence, RI; Riverside, CA; Schenectady, NY; and Tulsa, OK. Q: How does DOJ decide how to resolve a pattern or pratice investigation or lawsuit? In determining whether a civil action or out of court settlement is warranted, we evaluate whether the available information demonstrates patterns of illegal conduct by agency officers or illegal policies and practices by the agency. We also take into account the extent to which the jurisdiction has been willing and able to implement remedial measures to address deficiencies in training, supervision, management or discipline that we have identified during the course of our investigation. As the Supreme Court has said in the employment discrimination context, a pattern or practice violation exists when police misconduct is the agency's "standard operating procedure -- the regular, rather than the unusual practice." International Brotherhood of Teamsters v. United States, 431 U.S. 324, 336 (1977). A lawsuit must be authorized by the Assistant Attorney General for the Civil Rights Division. If a lawsuit is authorized, we notify the governmental authority of our determination and findings, and offer the governmental authority the opportunity to resolve our concerns without contested litigation. In determining whether a court-ordered remedy is necessary, we assess the nature and scope of the violation; the time it will take to correct the violation; and the willingness and capacity for the agency to make the necessary changes. We will litigate a pattern or practice claim only if we are unable to negotiate a consensual resolution of the problems we identify. Q: How many pattern or practice investigations have resulted in settlements or cases? As of January 31, 2003 , we have negotiated settlements of ten pattern or practice cases or investigations: four have been resolved through consent decrees (court orders), and six have been resolved through out-of-court settlements that are court enforceable. (Copies are available on www.usdoj.gov/crt/split) Several of these settlements provide models of the kind of practices that law enforcement agencies can adopt to guard against a pattern or practice of misconduct. We have engaged in active litigation in only one case, which recently resulted in a settlement. The settlements cover the following agencies: Pittsburgh Bureau of Police, PA (consent decree, 1997); Steubenville Police Department, OH (consent decree, 1997); New Jersey State Police (consent decree, 1999); Los Angeles Police Department, CA (consent decree, 2001); District of Columbia Metropolitan Police Department (settlement agreement, 2001); Highland Park Police Department, IL (settlement agreement, 2001). Cincinnati Police Department, OH (settlement agreement, 2002); Columbus Police Department, OH (conditional dismissal, 2002); Buffalo Police Department, NY (settlement agreement 2002); and Mount Prospect Police Department, IL (settlement agreement 2003). In addition, we reached a settlement of an administrative investigation under Title VI and the Safe Streets Act with the Montgomery County Police Department, MD (settlement agreement, 2000).
Q: How does a law enforcement agency avoid a pattern or practice investigation -- or at least avoid a lawsuit? The Civil Rights Division has found that law enforcement agencies that have designed, implemented and enforced an effective program to prevent, detect, and ensure accountability for incidents of misconduct and other civil rights violations are unlikely to violate the pattern or practice statutes. The Department of Justice has helped focus attention on these issues through the publication in January 2001 of a guide to "Principles for Promoting Police Integrity" with examples of promising police practices and policies (www.ojp.usdoj.gov/lawenforcement/policeintegrity. We recognize that law enforcement agencies differ in responsibilities, size and structure, as well as in the communities they serve. We encourage thoughtful creativity in the design and implementation of accountability systems addressed to the needs of a particular agency. Still, we have found some common denominators, which are reflected in our settlements with Cincinnati, the District of Columbia, Los Angeles, New Jersey, Pittsburgh and Steubenville. The interlocking steps to ensure accountability for civil rights violations may include the following:
Q: What other authority does DOJ have to address police misconduct ?
Q: How does DOJ coordinate its police misconduct enforcement activities? The various DOJ offices responsible for enforcing laws that prohibit police misconduct coordinate their investigation and enforcement efforts, where appropriate. For example, a complaint received by one office will 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. Q: How does a law enforcement agency provide feedback regarding the DOJ police misconduct pattern or practice program? The Department of Justice strives to ensure that our outreach work provides the highest quality of service and that our enforcement activities are conducted in a thoroughly professional manner. We welcome input on ways to improve our program. Any comments, suggestions, questions, concerns, or complaints regarding the operations of the police misconduct pattern or practice program should be directed to Shanetta Y. Brown Cutlar, Acting Chief of the Special Litigation Section, by mail (Civil Rights Division, U.S. Department of Justice, 950 Pennsylvania Avenue, N.W. - PHB 5034, Washington, D.C. 20530) or by fax (202-514-0212). Updated 2008-07-25
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