How to Report Police Misconduct

By Peter DePaolis
Attorney

What is Police Misconduct?

Police misconduct refers to any inappropriate or illegal actions taken by police officers in connection with their official duties. It can include a wide range of behavior, such as violating an individual’s civil rights, abusing power, or engaging in illegal activities while on duty.

Some common examples of police misconduct include:

  • Excessive force: When an officer uses more force than is necessary in a given situation.
  • Acting on wrong information: Taking action based on incorrect or misleading information.
  • Police brutality: Physical violence against a suspect, detainee, or other individuals.
  • Racial profiling: Targeting individuals for police action based solely on race or ethnicity.
  • False arrests: Detaining someone without sufficient legal grounds.
  • Misuse of authority: Using police powers for personal gain or in a discriminatory manner.

Who Investigates Police Misconduct?

When allegations of police misconduct arise, different agencies are responsible for conducting investigations, depending on the severity and nature of the complaint. The investigation process may involve:

  • Internal Affairs: This department within a police agency investigates complaints about officers’ conduct and actions. They ensure compliance with departmental policies and procedures.
  • Civilian Review Boards: Some cities have independent civilian boards to oversee complaints against police officers.
  • Federal Agencies: In cases involving severe civil rights violations, agencies like the Department of Justice (DOJ) or the FBI may step in to investigate.

How to File a Police Misconduct Report

If you or someone you know has experienced police misconduct, it’s important to report it promptly. Here are the steps to file a report:

  • Gather Evidence: Collect as much evidence as possible. This can include photographs, videos, witness statements, and any documentation of injuries or damages.
  • Identify the Officer(s): If possible, get the officer’s name, badge number, and patrol car number. If this information is unavailable, provide as many details as possible about the officer’s appearance or the event.
  • File a Complaint with Internal Affairs: Contact the police department’s Internal Affairs Division. Most departments allow complaints to be filed in person, online, or by mail.
  • Submit a Civilian Complaint: Depending on the location, you may also file a complaint with a civilian review board.
  • Contact an Attorney: For severe cases of misconduct, consulting with a lawyer experienced in civil rights or personal injury law is recommended.

Need Help with Your Case?

If you believe you have been a victim of police misconduct, don’t face it alone. Our experienced attorneys at Koonz McKenney Johnson & DePaolis LLP can help you navigate the legal process and protect your rights. Contact us today for a free consultation to discuss your case.

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About the Author
Peter DePaolis joined the firm in 1980 and has since represented a large number of individuals involved in automobile collisions, truck accidents, bus crashes, defective products, and medical malpractice cases. A significant portion of Mr. DePaolis’ practice is devoted to working on behalf of people suffering from asbestosis, mesothelioma, and other asbestos-related cancers. He has led his firm’s fight against the asbestos industry and has recovered over $30 million in damages for asbestos victims and their families.