ADDRESSING POLICE MISCONDUCT ( important ! )

[redneckdad]

U.S. Department of Justice
Civil Rights Division
Coordination and Review Section


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 ***

1) 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
Civil Rights Division
U.S. Department of Justice
P.O. Box 66018
Washington, D.C. 20035-6018

2) 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
Civil Rights Division
U.S. Department of Justice
P.O. Box 66560
Washington, D.C. 20035-6560

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
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, D.C. 20035-6738

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.).

[Frustrated]

I am planning to meet with the Chief of Police because the Police woman told my Mother that I was a Drug Dealer and they said they have been watching me and my Partner for Years...which is NOT TRUE!

Police said that she has been wanting to make a charge for a long time, and said this one would be good enough.

I want to sue the Police for Slander and Defamation of Character because they were telling People that I was....and was telling my Mother of that fact.

WHERE IS THE PROOF?!

What is WRONG With them? Are they just picking people just to make a Case to make themselves look good? Like a Hero? or something? I think they are corrupt, and they are involved in all of this with CPS. They are working together! They make a case and they make a Case, makes money and it goes around....and around....

[Frustrated]

I have a question....are they supposed to release such Information to my Mother like that?

Or was that supposed to be Confidential?

[Railroaded]

Remember that it is Legal for police to lie during a investigation to gain a arrest. I had major trouble with one police officer in 1997. The trouble with police spread like cancer to other police then to city courts. I wouldn't be supprised it the trouble I am having with the child welfare dept and court is due to the complaint against police I filed 1997. What I have is a website that contains my real name and this was posted by members of a police website. The reason for police to take revenge on me and mine. It also states that they (police) have inside information on the court case. The case was discharged April 2006. But I am still having trouble from the caseworker. He wants proof that I went to parenting classes and therapy. This proof was brought before the Judge. Also on the website that police were using to post, they make slurs on my mental health and were going to tell the Judge to lock me up and take my teenage daguhters away! The slurs ended up going to court from the City Lawyer rep. my daughter! The stress caused a relaps of mono. virus and like all of us some depression. If I wasn't worried, scared and run down I would not have this virus! My advise to you is if you talk to police see if you can get a legal aid rep if not a lawyer to go with you. See if they will let you tape to meeting..I doubt it, but worth a try! If female DONT GO ALONE! Male police will push you around and twist up your statements. I know first hand! I will tell you how much revenge is involved in my case. We had our home foreclosed on in 1999. After the bank took the house over they found out that it was sinking and it too much to bring it up to code. At the same time I have DHS (CPS) at the door with dirty rotten lies about my husband and myself I had trouble with the City tax dept. To date their records show the owner of the house as the bank, to foreward all taxes to my husband that they list living in the house! This is atleast $8000 to date. The city corrected their error and it showed back up with different lien numbers and different amounts. So be careful with Police! The stick up for each other and will lie for each other!

[Frustrated]

What about Witness to bring with you?

I know they lie and would cover for each other, but this was not the first time I went to see the Chief of Police, and he apologized to me and assured me that it won't happen again. It happened back in 2001, where they came to my Apartment, it was the wrong address, and waking me up at 2 AM in the morning asking questions and stuff, I told them that they are at the Wrong Address and the house they are looking for was across the Street and I told them to go over there, and they refused to go over there? I told the Chief "why" 'they refused to go over there but came to my house at 2 AM where they woke up my Children?

He apologized and told the Police Officers to get their act together and told me that they are on desk duty. (Yea right...)

They are ridiculous, they also always boast of the Cases that they make and boasts about Arrests, and such things. They even boasts of the Awards that they get out of these Cases.

[Railroaded]

The police would not talk to my witnesses! It was they are right I'm wrong and lawyers are afraid to take the case if I could have afforded them. Our Police Dept has a history of abuse anyway. If you can take someone with you. Good Luck! I should look into the addresses that are posted and see if anything can be done about the posting of my real name and location by the police. It is spooky to see the slurs on line by unknown cops and have the same slurs come out in court records from people that are not in the medical occupation (the same week!!). Sure looks like they had a inside track to the courtroom!

[Frustrated]

What about the Internal Affairs? Do they will punish corrupt Cops?

Do you report to Internal Affairs?

WHO do we report for incomptent and Crook Cops???

I know all of the information above, but I am afraid it is not sufficient.

[Railroaded]

IAB were the police that were harassing me when I filed the complaint. I should have gotten a lawyer and stayed away from IAB. But I took the advise of the officers Sgt and Lt, that advised me to file with IAB. What makes me mad is that the website that my name and location is posted is Not owned by police. I have written to the owner for 9 months and he refuses to remove my real name! In fact he will not even answer my emails. I live in a large city and here police can do what they want to who ever they want..that is what I was told by the Sgt years ago. I did write the State and the Feds and they did document and record my complaints. They did take interest in the DHS case and the police harassment on-line.

[krakos]

My experience is totally the opposite......they (Police Dept) waited 17 days to interview me....NEVER INTERVIEWED MY SON (the victim), or my daughter (the witness and reporting party). They 'told me' what they were planning to do...however...I never heard back from them regarding the physical abuse case of my special needs son (this was the THIRD case against my ex-husband). Check the thread under 'CPS Investigations-CPS will not defend Special needs child?!"....sadly..that is my family's story They totally dropped the ball.... and due to their actions...along with several other agencies inept actions..I am now facing losing the kids in a custody fight...simply insane. I have taken the matter to the ADA, MDCR...and will be soon filing my 'intent to sue' this Detective's Police Dept, his County (next one over from mine as this is the county my ex husband lives in) and will be subpoena' him for my hearings as to impeach him implicitly as to what the heck happened! Ya..I'm mad....and refuse to let people/agencies think they can force my kid 'thru the cracks' and that I won't defend my son's civil rights. They picked on the wrong MOM.

[Frustrated]

I am sorry , what is ADA, and MDCR?

Just Curious. What did your Lawyer have to say about suing the Police Station?

Is there anything mentioned about Slander and Defamation of Character?

If anybody knows about this, about suing the Police for such Slander, please let me know how to proceed.

Do you think the Lawyer would tell you to forget it?

Can you do it yourself?

I wanted to know!

Yes, I am SOOOOOOOO MAD! PISSED OFF thinking they think I am a Drug Dealer? HECK NO! I am just a Mother with 3 Children, plus a Step son, two Sons who happens to have severe Special Needs and Behavioral Problems such as ADHD< ODD< PTSD, etc...etc....including Seizures, and YET....they harrasses me for this one?! This really take the CAKE!

I don't and WON'T let them label me like that way! That is disrespect to a Mother who is minding her own Business trying to raise her own Children, a SINGLE Mother!!! and YES they pissed off the WRONG Mother also!

I gotta tell them that they have NO RIGHT To slander and put my name into mud...they must pay for that consquences, and the Police should pay for such crime against innocent Mother with 3 plus 1 Children!

Oh! I am just so mad when I find out from my OWN Mother saying that the Police were telling her that I am a Drug Dealer, a Drug Pusher, using my House as a Drug House?! CPS has been in my House for 5 years, they have not seen nothing, they knew my House was CLEAN, and in a good Order, and the Children seemed Happy, smiling...etc...etc...how dare they (CPS and Police) try to defame me like this?

I never touched Drugs, and I don't drink...all I was doing was cleaning the House, watching my Children and raising them.

[Frustrated]

Oh yes, I forgot to mention that the Police has been into my House at least Five times, YES inside! They know there is nothing in here. All they see is clean house, Kids stuff, and Furnitures, and Kitchen...you know most normal every day Family Stuff.

Interestingly, they always come in the Afternoon, between 3 to 6 PM, just like CPS would do?

I guess both of them sleep in Bed together and work together. Sure, there are Good Cops out there, but sadly there are very few just like good CPS out there, but very few.

[Railroaded]

I can't talk bad about all police some are very good officers, but the bad apples are ruining the bunch. First I have a neighbor that is a police detective. DHS and the courts would not let him make a statement. He told one of the caseworkers that came out that it was false accusations against us and that I was a good Mother and clean quiet neighbor.
The cop I had trouble with is now walking a beat near this house. Last time I saw him was over a year ago. He saw me in a store and came in and tried to bump into me. I didn't show any reaction and he left. Not many people believe that police can have a vendeta against a person.
As far as police coming to your house, is there a crank phone call involved? I was told that if I went to court I would find out who was crank calling 911 and Dept of Human Services, I never found out! They will be protected no matter what! And I was told my a cop that you do not have to let them in your house. I always did because I had nothing to hide. That didnt work with DHS! I just got bad news about the court closing the case. I still have DHS involved in my life and the service plan has to be followed. This is stupid!!! I don't understand it but my lawyer talked to the supervisor of Services Children Own Home and was told they have to remain on the case. When I move they will not know where I move! By then she will be 18. This ripped our family apart! And they ruined our lives!

[Frustrated]

Of course there are good Cops and they are always around my street and goes by almost every day. I even talked to one good Cop all day at the Courthouse, and I talked to him about another Criminal Case and was thinking out loud how he could have been guilty and stuff, and I told him "Where is the Proof? where is the Evidence"? and he was speechless...

His Face just went "whaa....?" Just Priceless!

Then he thought about for a bit, then he think I was right. Then he went out and went on the Phone, mumbling and stuff, asking them to see if there was any Evidence that the Man being charged had any wrong doing or not.

I told him the Case is pretty weak at best. He is a Good Cop, just too much boasting about his Uniform and how many cases he brought in and even talked about previous cases where he had tackled a Man to the Ground and how he used a Laser Taser Gun and even joked about the Gun. I asked him if it was "SAFE"? for Children? I told him about the deaths in Children and told him don't use it on Smaller Children as they could die from it. He said Yes, he would proceed with caution.

mmm He is a Good Cop, but there are few bad apples here and there... you are right. You just don't know which ones though until you can make them stand out, ya know?

[dasuberding]

Due to knowing some people who became police officers, I think that alot of cops have control issues, they are trying to make up for some imagined shortcoming they think they have. Doesn't make them bad people but the same can be applied to social/case workers.