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 investigative 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). "Under color of
law" 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, theft, 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? These are criminal statutes. 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. (34 U.S.C. §
12601). 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 DOJ. (42 U.S.C. § 2000d, et seq. and 34 U.S.C. § 10228). 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, discriminatory arrests, discriminatory traffic stops,
coercive sexual conduct, retaliation for filing a complaint
with DOJ or participating in the investigation,
discriminatory use of 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
in certain circumstances 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 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.
You can find your local office here:
https://www.fbi.gov/contact-us
Civil Enforcement
If you would like to report a violation of the Police
Misconduct Statute, Title VI, or the OJP Program Statute,
contact the Justice Department at civilrights.justice.gov.
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 Immigration and Customs Enforcement; the
FBI; Alcohol, Tobacco, Firearms and Explosives; Drug
Enforcement Agency, United States Marshals Service, 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," visit civilrights.justice.gov.
Reproduction of this document is encouraged.
This flyer is not intended to be a final agency action, has
no legally binding effect, and has no force or effect of
law. This document may be rescinded or modified in the
Department’s complete discretion, in accordance with
applicable laws. This flyer does not establish legally
enforceable rights or responsibilities beyond what is
required by the terms of the applicable statutes,
regulations, or binding judicial precedent. For more
information, see "Memorandum for All Components: Prohibition
of Improper Guidance Documents," from Attorney General
Jefferson B. Sessions III, November 16, 2017.
