Written by Filing a complaint against law enforcement can be a crucial step in holding officers accountable and protecting your rights. This guide explains the avenues available to civilians – including community activists and “First Amendment auditors” – for reporting police misconduct. It covers where and how to file complaints, how procedures vary by jurisdiction, common obstacles you might face, best practices for an effective complaint, and the legal protections that guarantee your right to speak out.
A police officer on duty. Civilians have multiple avenues to report officer misconduct, from local internal affairs units to state or federal agencies.
Standard Options for Filing a Complaint
Civilians in the United States have several standard options for filing a complaint against a law enforcement officer. Depending on the situation, you may pursue one or more of these channels:
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At the Local Department (Supervisor or Officer in Charge): The most immediate way is to complain directly to the officer’s agency. This often means speaking to an on-duty supervisor (such as a sergeant or watch commander) at the police station or at the scene. Every police department is required to have some procedure for receiving citizen complaints (for example, California law mandates each agency establish a complaint investigation process
). You can request to speak to the supervisor and report the misconduct. The supervisor should document your complaint or provide you with the proper form or instructions. In some cases, simply asking for the “duty supervisor” or stating that you want to file a formal complaint will set the process in motion.
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Internal Affairs (IA) Division: Nearly all law enforcement agencies have an Internal Affairs unit (sometimes called Professional Standards) tasked with investigating officer misconduct. You can usually file a complaint directly with Internal Affairs by various methods – in person, by phone, by email, or by filling out an official complaint form. Many department websites have printable or online complaint forms and list a contact number or address for Internal Affairs.
Filing with IA is typically the formal route: after you file, the complaint is assigned to an investigator within the department
Remember to note the officer’s name, badge number, and the agency they work for, as you will need to identify who you are complaining about
If the officer’s conduct potentially violated your constitutional rights or broke the law, the IA investigation might run in parallel with or be referred to criminal investigators or prosecutors.
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Civilian Oversight Boards or Review Commissions: Many cities and counties have independent civilian oversight bodies that accept complaints from the public. Examples include citizen review boards, police commissions, inspectors general for police, or ombudsman offices. These boards are external to the police department and provide an extra layer of accountability. If your city has one (for instance, New York City’s Civilian Complaint Review Board or Los Angeles’ Inspector General), you can file a complaint directly with that body instead of or in addition to the police department. Oversight boards often have their own complaint forms and will investigate or at least monitor the department’s investigation. They aim to ensure complaints are taken seriously and investigated fairly. Oversight agencies generally accept complaints from any source (sometimes even anonymous or third-party complaints) as a best practice
Check your city or county website to see if such a board exists and how to contact them.
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State or Federal Authorities: If local avenues fail or if the misconduct is especially serious (e.g. a possible criminal civil rights violation), you can escalate the complaint to state or federal agencies. At the state level, options may include the state police or the state Attorney General’s office. Some state law enforcement agencies have jurisdiction to investigate local police misconduct, or the state AG may review cases where local agencies did not act
At the federal level, the U.S. Department of Justice (DOJ) has a Civil Rights Division where you can file a complaint if you believe an officer violated federal law or your constitutional rights
The DOJ and FBI investigate serious patterns of misconduct or violations like excessive force, abusive searches, or discrimination under federal statutes (for example, willful deprivation of rights under color of law is a federal crime). While the DOJ does not intervene in every individual case, citizen complaints help them identify patterns and problem agencies. In short, if your local complaint goes nowhere, you can contact your state police or Attorney General, and ultimately the DOJ or FBI, especially for civil rights abuses.
Each of these avenues is available to civilians, and you are free to pursue multiple channels. In fact, if the misconduct is severe, it’s wise to file with both the local department and an external agency (for instance, notify the DOJ’s Civil Rights Division in addition to the local Internal Affairs). There is no rule against “double reporting.” What’s important is to get the incident on record with an authority that can take action.
Differences in Complaint Procedures by State and Agency
Complaint procedures can vary widely depending on the state, local laws, and the policies of the specific agency. While many departments accept complaints in any form, some impose requirements that civilians should be aware of. Here are a few key differences and examples:
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Written vs. Verbal Complaints: Some jurisdictions allow you to make a complaint verbally (in person or by phone) and will still investigate, while others require that the complaint be put in writing. For instance, Texas law requires complaints against peace officers to be in writing and signed by the complainant to be “considered” by the department
This means in Texas, if you only complain verbally and never sign a written statement, the officer cannot be disciplined under the official process. By contrast, states like New Jersey mandate that all complaints, even verbal or anonymous ones, must be accepted and documented by the agency – the NJ Attorney General’s guidelines explicitly say complaints can be made in person, by phone, in writing, anonymously, or through third parties at any time, and officers must accept them all without question
. Most states fall somewhere in between these extremes. It’s best to assume you should submit a written, signed complaint for the record, unless you truly need to remain anonymous (in which case, be aware that lack of a signed statement may affect the investigation in some places).
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Anonymous or Third-Party Complaints: Policies on anonymity differ. Many departments ask for your name and contact information so they can follow up, and some even refuse to investigate anonymous complaints. According to one legal resource, “Only a few police departments let members of the public make anonymous complaints. Most departments ask for a name, and some even require a notarized complaint.”
In a survey of Connecticut police departments, 61% said they do not accept anonymous complaints at all, a practice civil rights experts criticize. On the other hand, best practice standards (like those of the Commission on Accreditation for Law Enforcement Agencies) urge that anonymous complaints be accepted and investigated just like any other
Some states have middle-ground rules. For example, Kentucky law allows anonymous or unsigned complaints for criminal misconduct allegations, but for non-criminal infractions it requires the complainant to sign a sworn affidavit if possible
(If the person refuses to sign, the agency may still investigate but must independently verify the allegations to discipline the officer.) Always check the department’s policy: if you are uncomfortable identifying yourself, you might have the option to remain anonymous or use an attorney or advocacy group to file on your behalf.
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Sworn Statements and Notarization: Some agencies may ask you to swear to your complaint under penalty of perjury or have it notarized. This is intended to deter false allegations, but it can also intimidate people from coming forward
. In a few places, it’s actually a requirement by law (for instance, a notarized affidavit might be required by the department’s policy before proceeding). If you encounter this, know that it’s not universal. Providing a sworn statement can give your complaint more weight, but you should not be forced to do so as a condition of simply filing the complaint. In fact, oversight experts recommend not requiring an oath at the initial intake stage, to avoid a “chilling effect” on honest complainants
. You should never be discouraged from filing just because you aren’t ready to sign an affidavit on the spot.
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Time Limits for Filing: The time frame in which you can file a complaint may also vary. Generally, sooner is better – reporting the incident promptly makes the investigation easier and lends credibility. Some departments have informal guidelines (e.g. within 30, 60, or 90 days) for accepting misconduct complaints, especially for minor infractions. Others will investigate no matter how much time has passed (serious violations like excessive force or civil rights violations should be looked into regardless of delay). In a survey, the ACLU of Connecticut found some departments were imposing short time limits on receiving complaints, which can unfairly cut off older grievances. Check if the department’s policy mentions a deadline. Even if a lot of time has passed, you can still attempt to file – at the very least, the complaint will be on record for future reference.
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Who Can File and Residency Requirements: You do not necessarily have to be a resident or a U.S. citizen to file a police complaint. In general, anyone directly affected by or who witnessed the misconduct can report it – there are usually no age, citizenship, or residency requirements to complain. For example, a tourist or visitor who has a bad encounter with police can still file a complaint with that agency. Some departments might ask if you live in the jurisdiction or why you’re filing, but this should not bar you from making the report. (Notably, an alarming response found by ACLU of Connecticut was an officer stating they would “call immigration” on a complainant who was undocumented– this is not a legitimate requirement and is a form of intimidation. A person’s immigration status does not bar them from the protection of the law or the right to complain about police.)
In summary, the rules for complaints can differ by state and agency: some require them written, some allow anonymous, some demand sworn statements, others don’t. It’s important to find out your jurisdiction’s specific procedures (often listed on the department’s website or available via their Internal Affairs office). Despite these differences, every state does have mechanisms for citizens to lodge complaints, and federal law encourages transparency in this process. If one agency tries to stonewall you with technical requirements, you may seek help from state oversight bodies or civil rights groups to ensure your complaint is heard.
Common Tactics That Discourage Complaints
Unfortunately, it’s well documented that some officers or departments use tactics – whether intentionally or due to poor training – that discourage members of the public from filing complaints. Being aware of these tactics can help you navigate around them and insist on your right to file a grievance. Here are some common ways police agencies or individual officers might try to thwart your complaint and how to respond:
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“There Are No Complaint Forms”: A very common tactic is for desk officers to claim that there isn’t any official complaint form or that the forms are not available. They might say this to make you give up. For example, an Los Angeles Times report noted that when citizens asked to file a complaint, they may even be told “they have no complaint forms.”
In reality, departments do have forms or at least a process to record complaints (and many states require it). What to do: Politely insist that you know the department has a duty to accept complaints. You can ask, “How do I file a complaint without a form? Could you please record my complaint in writing now?” If they truly won’t provide a form, write your complaint on plain paper or ask for the supervisor to take your statement. (In one viral incident, a civilian recording his attempt to file a complaint was handed a blank slip of paper instead of a form by a police employee who claimed they had none – a clear sign of stonewalling.) Don’t be deterred by “no form” – you can submit your complaint in a letter format addressed to the Chief or Internal Affairs if needed.
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Requiring In-Person or Verbal Complaints Only: Some agencies make it policy (or claim it is) that you must appear in person and speak to a supervisor to lodge a complaint. While it’s often helpful to talk to an official face-to-face, this requirement can be used to intimidate or inconvenience you (for instance, if you have to take time off work to go to the station). In the worst cases, the supervisor may try to interrogate or dissuade you on the spot. What to do: Know that many departments will accept complaints by phone, email, or online – if the first person you contact insists on in-person, check the department’s website or ask higher-ups. If you do go in person, you have the right to bring a friend, family member, or legal advisor for support. You can also write everything down beforehand and hand them the written account to make sure nothing is missed. Remember that even a verbal complaint should be documented by the officer taking it – if they don’t give you a form, ask them to give you a reference number or some written acknowledgment for your records.
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Offering an Improper or Misleading Form: Another tactic is when officers hand you some kind of form that isn’t actually the official misconduct complaint form. They might, for example, give you a generic “incident report” form or a blank statement form that doesn’t go to Internal Affairs, hoping you’ll fill it out and consider that “filing a complaint.” This misdirects the complaint into a black hole. What to do: If you’re given a form, read the title and fine print. Does it say it’s a citizen complaint or personnel complaint? If it looks like a normal police report form (for reporting a crime or incident), clarify with the staff if this is the correct form to report misconduct by an officer. Insist on an “Internal Affairs complaint form” or whatever term is used locally (some places call them “Professional Standards complaint form”). If none is provided, again, you can write a letter. The key is to ensure your report is directed to the unit that handles officer misconduct, not just filed as a routine incident.
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“We’ll Just Talk to the Officer (Informally)”: Police supervisors sometimes try to resolve complaints on the spot by promising to speak to or counsel the officer, without taking any formal report. They might say something like, “I’ll talk to him about it” or “We’ll handle it internally.” In California, an oversight panel found that many people never filed official complaints because a supervisor would handle it informally and it “often doesn’t show up in official statistics”
. While it’s not wrong for a supervisor to correct an officer’s behavior immediately, you have a right to insist on a formal complaint if you want an investigation and record. An off-the-record scolding leaves no paper trail and no assurance the behavior won’t repeat. What to do: You can say, “Thank you, but I would still like to file a formal complaint to make sure this is documented.” Be respectful but firm that you expect the matter to go through official channels. You can still allow the supervisor to talk to the officer – but make it clear you are not withdrawing your complaint in exchange for an informal resolution.
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Guilt Trips or Pressure to Reconsider: Another discouragement method is appealing to your sympathy or fear. The officer taking your complaint might say things like the accused officer “is a good cop” or “has a family and could lose their job.” They may suggest that what happened wasn’t that serious or try to convince you it was a misunderstanding. In some cases, complainants are told that the officer’s actions were actually legal and there’s no point in complaining
. These approaches can make a person second-guess themselves. What to do: Stay focused on the facts of what happened and your right to report it. You can respond, “I understand, but I need to make a record of this incident.” Remember that an honest complaint about misconduct is not “ruining someone’s life”; it’s providing feedback on their professional behavior. The investigation will determine if the complaint is substantiated or not. You should not be made to feel guilty for coming forward with a genuine grievance.
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Threats of Retaliation (Explicit or Implicit): In extreme cases, officers have threatened or even arrested people who insist on filing complaints. For instance, there have been reports of people being warned that filing a “false” complaint could lead to criminal charges, or being generally made to feel they might get in trouble. Many departments put warnings about false statements on their forms – e.g., highlighting that lying on a complaint form could be prosecuted as perjury or filing a false report
. While it is true that knowingly making a false complaint is unlawful in most places, this should not scare off someone who is telling the truth. Another intimidation tactic is bringing up unrelated issues (like the immigration example earlier, or checking for warrants on the complainant). What to do: Know that retaliation for filing a complaint is illegal and against policy almost everywhere
. You have the First Amendment right to petition the government about grievances, and that includes complaining about police misconduct. An officer cannot legally punish you or refuse service to you for filing a complaint. If an officer threatens you with arrest or retaliation because you are trying to complain, that itself is a serious violation. Stay calm and don’t let them provoke you. If you feel unsafe or are outright threatened, leave and seek help from an attorney or contact a higher authority (like the FBI or state police) to report that you were threatened for attempting to file a complaint. Document exactly what happened. Such retaliation can itself lead to disciplinary action or legal liability for the officers involved.
In summary, be prepared for possible resistance when you attempt to file a complaint. Not every officer or agency will react this way – many will handle it professionally – but be aware of these tactics. The best responses are to know your rights, remain polite but insistent, and document every interaction. Do not be discouraged by informal roadblocks. You have the right to file a complaint, and departments have a duty to accept and investigate it
. If you encounter obstacles, consider reaching out to civil rights organizations or advocacy groups; they can offer support or even send someone with you when filing. Persistence is often key to making sure your complaint is formally recorded.
Best Practices for Filing an Effective Complaint
When you decide to file a complaint against an officer, following some best practices can improve the chances that your complaint is taken seriously and leads to accountability. Here is a step-by-step guide:
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Document the Incident Immediately: As soon as possible after the encounter, write down everything you remember about what happened
. Include the date, time, and location of the incident; the officer’s name and badge number (if known) or a physical description; the patrol car number or license plate (if applicable); and the names and contact information of any witnesses. Note exact words or quotes if the officer said something notable (for example, vulgar language or a specific command). If you were able to record video or audio, save those files in a secure place. Take photographs of any injuries or property damage. This detailed information will be the foundation of your complaint. It not only strengthens your case
, but having notes prevents details from being forgotten or altered over time.
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Preserve Evidence and Copies: Keep any video, audio, or documentary evidence of the incident in a safe backup (such as cloud storage or a thumb drive). Do not edit or post everything publicly before the investigation – it’s fine to share on social media if you choose, but retain the original unedited evidence to provide to investigators. If you have medical records (for injuries) or bills related to the incident, preserve those too. It’s wise to make photocopies or digital scans of all evidence and correspondence. When you eventually submit your written complaint, make a copy of the final version for yourself. If you mail a complaint letter, keep the mail receipt or send it with tracking. All this ensures you have proof of what was submitted and when, in case documents “get lost.”
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Check the Procedure and Get the Right Form: Look up the official procedure for filing a complaint for that agency. Most departments list their complaint process on their website or have a pamphlet available
. It might tell you where to go, who to call, or provide a downloadable Citizen Complaint Form. Try to obtain the official form if one exists – using the department’s form can help ensure you include all needed information (name, date, details, etc.) in a format they recognize. If you cannot obtain a form easily, you can type or neatly write a letter. Address it to the Chief of Police or the Internal Affairs Commander. Title it clearly as a “Formal Complaint Against Officer ___, [Agency Name].” In the letter, include your own contact info, a reference to the incident (date, location, officer name), and a thorough description of the events and why you believe it was misconduct. Essentially, you want to provide who, what, when, where, and why the officer’s conduct was wrong, along with any evidence or witnesses. The more specific you are, the easier it will be for investigators to follow up.
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File the Complaint Promptly and Through Official Channels: Submit your complaint via the official channels identified. If possible, do it in writing so there is a clear record. You may choose to file in person at the station – if so, bring a copy of your written complaint and ask the desk to date-stamp or sign a receipt for you. Alternatively, if the department allows online submissions or email, that can be convenient; you will usually get an email confirmation in return. Filing by certified mail is another option, as it provides delivery confirmation. There’s no one “correct” way – what matters is that it reaches the Internal Affairs or supervisory unit. When filing, remain calm and professional. Treat it like a formal process (imagine you are writing to a company’s HR about an employee – stick to facts and clear descriptions). Avoid inflammatory language in your written complaint; even if you are angry, phrasing the complaint professionally will make it easier for others to take it seriously. Once filed, note the date, time, and person (or website) that received your complaint for your records.
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Ask for Confirmation or a Case Number: After submitting the complaint, ask if a case number or reference number will be assigned. Some departments automatically issue a complaint tracking number and will give you a receipt. Others might not, unless you ask. It’s helpful to have this reference so you can inquire about the status later. If you file in person and they don’t give a receipt, politely request some written acknowledgment (even a business card of the person who took it, with a note of the date, is good). If you file online, you might receive an automated confirmation email – save or print it. Having proof that you filed the complaint puts pressure on the agency to address it, because there’s a paper trail that can be followed if someone later asks what happened with complaint #XYZ.
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Follow Up Periodically: Internal investigations can take time – often weeks or months for a conclusion. However, it’s reasonable to follow up after a few weeks to ensure your complaint is being processed. You can call the Internal Affairs division and say, “I’m following up on complaint [X]. Can you tell me the status or if any further information is needed from me?” They may be limited in what they can share (they usually won’t give you details until it’s over), but at least you convey that you are serious and attentive. If they inform you the case is closed or resolved, you can ask for the outcome. In some jurisdictions, by law you will receive a written notice of the outcome (such as whether the complaint was sustained, not sustained, unfounded, etc., and maybe whether any discipline resulted). If you don’t hear back in a reasonable time, follow up with a polite written inquiry or contact the oversight board (if one is reviewing such complaints). Persistence ensures your complaint isn’t quietly shelved.
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Escalate the Complaint if Necessary: If you feel that the local department is not responding adequately – for example, they outright refused to take the complaint, or the investigation seems biased – consider escalating. This can mean sending your complaint to external oversight. You could forward the details to your city’s civilian review board or to your state authorities (like the state Attorney General’s office or state police professional standards unit). You can also file a copy of your complaint with the DOJ Civil Rights Division or the FBI if the misconduct involved possible civil rights violations (excessive force, discriminatory harassment, etc.)
. When escalating, mention that you first attempted to resolve it through the department but were dissatisfied with the response or lack thereof. These higher authorities might not investigate every individual complaint, but they will log it and it contributes to any larger investigation that might occur. In some cases, a state Attorney General can intervene and investigate a local police department if there’s evidence of systemic issues – your complaint might be one piece of that puzzle.
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Consult an Attorney for Serious Violations: If your complaint involves serious misconduct – for example, you were assaulted by an officer, unlawfully arrested, or your constitutional rights were egregiously violated – it may be wise to speak with a civil rights attorney early in the process. An attorney can guide you on both the complaint process and the possibility of legal action. They can also correspond with the police department on your behalf, which sometimes causes the agency to pay more attention (since they know litigation might follow). Under U.S. law, you have the right to sue officers and agencies for civil rights violations – specifically, 42 U.S.C. § 1983 allows individuals to file a lawsuit against government officials (including police) for depriving them of rights under color of law
. Filing an internal complaint does not automatically result in compensation or justice for you personally, so for serious cases, preserving your option to take legal action is important. An attorney will make sure your complaint doesn’t unintentionally waive any rights and will advise you on notices of claim or other prerequisites if you do decide to sue later. They can also help protect you from retaliation. Even if you don’t initially plan to sue, having legal advice can ensure your complaint is as effective as possible and that you’re prepared if the internal process doesn’t yield accountability.
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Stay Persistent and Encourage Witnesses: During this process, stay persistent. It can be frustrating to wait or to deal with bureaucracy, but change often comes from many people sticking with their complaints. If there were other victims or witnesses to the incident, encourage them to file statements as well. A single complaint might be dismissed as one person’s word, but multiple independent complaints about the same officer or incident are harder to ignore. You can also seek support from community organizations (for example, local chapters of the ACLU, NAACP, or activist groups) – they sometimes assist people in filing complaints or will monitor the outcome. If you’re an activist or auditor who often engages with police, you likely know others in the community who have had similar experiences; consider a joint approach to oversight boards or public meetings to raise your concerns in addition to the formal complaint.
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Maintain Professionalism and Honesty: Finally, throughout the complaint process, conduct yourself professionally. Stick to the facts and avoid exaggeration. Honesty is crucial – do not fabricate or embellish details, as that can undermine your complaint (and, as noted, knowingly false complaints can lead to legal trouble). If you made any mistakes during the incident, it’s okay to acknowledge them; it actually boosts credibility to show you’re being truthful. Remember that the goal of a complaint is to address misconduct and improve accountability. Keep copies of all communications, and if you receive an outcome letter, file it away. If the outcome is not in your favor and you strongly disagree, you may have options to appeal to a higher authority or at least to make your case in the court of public opinion by sharing your story.
By following these steps, you maximize the chances that your complaint will be properly logged and investigated. Not every complaint leads to discipline – in fact, historically the percentage of complaints that are sustained (upheld) can be low. However, the act of filing the complaint is still valuable: it creates an official record, which can reveal patterns if the officer has other complaints, and it puts the department on notice about potential problems
. Even if your individual complaint doesn’t result in immediate action, multiple complaints can trigger attention from oversight bodies or the DOJ over time
. You are doing your part to uphold accountability.
Your Rights and Legal Protections When Filing a Complaint
It’s important to understand that you have fundamental rights when it comes to complaining about police conduct. These rights are protected by the Constitution and other laws, ensuring that citizens can hold government officials accountable without fear of punishment. Here are some key legal protections and principles that support your ability to file a complaint:
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First Amendment – Right to Petition and Free Speech: The First Amendment of the U.S. Constitution not only guarantees free speech but also the right to “petition the Government for a redress of grievances.” Filing a complaint about police misconduct is a form of petitioning your government. This means your expression of concern or criticism to a police department is protected activity. Government agencies (including police) cannot make rules that prohibit you from complaining or punish you just for lodging a complaint, as that would infringe on your First Amendment rights. In practice, this is why retaliation against someone for filing a complaint is unlawful – it’s viewed as punishing someone for exercising free speech and the right to seek redress
. If an officer were to arrest or harass you solely because you complained, that could give rise to a First Amendment retaliation claim in court. So, know that the law is on your side in allowing you to voice your grievances through proper channels.
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Fourth Amendment – Right Against Unreasonable Seizures (and Excessive Force): Many police misconduct complaints involve unreasonable searches or seizures, which are covered by the Fourth Amendment. If your complaint concerns an unlawful detention, false arrest, illegal search, or excessive force, you are essentially saying the officer violated your Fourth Amendment rights. This constitutional backdrop is significant because it means your complaint isn’t just about department policy – it’s about a violation of the supreme law of the land. Police departments are aware that a substantiated Fourth Amendment violation can lead to evidence being thrown out in court, or to civil liability. By invoking your constitutional rights in the complaint (for example, stating “I believe the officer violated my Fourth Amendment right to be free from unreasonable search/seizure”), you signal that you understand the seriousness of the issue. Even if you don’t phrase it in legal terms, the nature of the allegation (e.g. “Officer used excessive force on me without justification”) ties directly into your constitutional protections. If the case eventually leads to a lawsuit, it will likely be argued on Fourth Amendment grounds. Thus, the Constitution is on your side when complaining about things like unwarranted force, searches, or detentions.
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Fourteenth Amendment – Due Process and Equal Protection: This Amendment can also come into play, particularly if your complaint involves discrimination or denial of rights. For instance, if you believe you were treated a certain way because of your race, gender, or other protected characteristic, that implicates the Equal Protection Clause. If you were denied medical care in custody or not given basic fairness, that could implicate Due Process. While you might not cite the 14th Amendment in a simple complaint form, understand that these constitutional rights form the backdrop of many policing standards. Federal law (such as DOJ’s Civil Rights laws) explicitly prohibits police from discriminating on the basis of race, religion, national origin, sex, etc., and even prohibits retaliation if someone complains about discrimination
. This means if your complaint alleges bias or profiling, it’s touching on significant legal protections.
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42 U.S.C. § 1983 – Civil Action for Deprivation of Rights: Commonly just called “Section 1983,” this federal statute is a powerful legal tool that underpins many citizens’ rights in police encounters. Section 1983 says that if a person acting “under color of law” (like a police officer) violates your constitutional or federal rights, you can sue them (and their employing agency) in civil court for damages. This law is why we see civil lawsuits following incidents of police misconduct. For your purposes in filing a complaint, Section 1983 is a reminder that the law recognizes your right to hold officers accountable through the courts
. While your initial complaint is an administrative process, not a lawsuit, the possibility of a Section 1983 lawsuit looms in the background. Police departments know that if they don’t adequately address a valid complaint, they might later face a lawsuit over the same incident. You don’t need to threaten a lawsuit in your complaint, but knowing your Section 1983 rights can give you confidence. If the internal process fails, you can consult a lawyer and consider a civil rights lawsuit for any serious violations – the fact that Section 1983 exists means the right to seek justice beyond the police department is protected by law.
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Federal Civil Rights and Criminal Laws: In addition to Section 1983 (which you would use to sue), there are federal laws that government attorneys use to enforce police accountability. One is 18 U.S.C. § 242, a criminal law that makes it a federal crime for an officer to willfully deprive someone of their rights under color of law
. If an officer is egregiously abusive (for example, a brutal assault or an incident of serious misconduct), the FBI and DOJ can investigate and prosecute them under this statute. There’s also 18 U.S.C. § 241 which covers conspiracies to violate rights. On the civil side, the DOJ can take action under laws such as 34 U.S.C. § 12601 (previously 42 U.S.C. § 14141) – the “pattern or practice” law that lets DOJ sue police departments for systemic misconduct
. Why does this matter to your complaint? Because when you file a complaint, especially if you also notify the DOJ, you’re feeding into a system that can trigger these laws. If your incident is part of a broader pattern, it could contribute to a federal investigation. And knowing that these laws exist should assure you that the highest levels of government take police misconduct seriously. It’s not just an internal matter; it can rise to a state or federal case if needed. In fact, the DOJ Civil Rights Division invites citizens to report violations, and they use that information to decide where to intervene.
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State Laws and Officers’ Bill of Rights: On the state level, many states have laws addressing the handling of police complaints. Some states, as discussed, set requirements (like Texas’ written complaint rule
or Kentucky’s sworn complaint rule
). There are also laws often referred to as “Police Officers’ Bill of Rights” in some states, which outline how investigations must be conducted to protect officers’ due process. For example, an officer might have the right to be notified of the complaint and given an opportunity to respond. As a complainant, you should be aware that the officer will likely find out about your complaint (departments generally inform the officer of the allegations, and in some states like Texas they must give the officer a copy of the signed complaint before any discipline
). This shouldn’t deter you, but it’s good to know. Also, some states criminalize the act of intentionally filing a false complaint (e.g., it could be a misdemeanor to knowingly make a false report against an officer, as was the case under an older California law). Again – as long as you are truthful, you are on the right side of the law. The existence of these rules is not to silence complainants, but to structure the process.
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Protection from Retaliation: To re-emphasize, retaliation is forbidden by most departmental policies and even by federal regulations in certain contexts. If you are a public employee, for instance, and you complain about police misconduct in your town, there are whistleblower protections that might apply. For ordinary citizens, the main shield is the First Amendment. Police cannot lawfully threaten or charge you just because you complained. If you ever faced retaliation, that opens the door to additional legal claims on your behalf (such as a Section 1983 claim for retaliation). The DOJ also notes that individuals are protected from retaliation when cooperating with a civil rights investigation
– which is analogous to being protected when you file a complaint. Practically, this means if, say, an officer tried to ticket you in revenge after you complained, you should document it and report that too. Courts have little tolerance for retaliation because it undermines public oversight of the police.
In essence, the law is designed to support and protect citizens in raising complaints about police. Your right to do so is deeply rooted in the Constitution’s free speech and petition clauses, and enforced by various statutes. While it can be intimidating to go up against the police department with a complaint, remember that you are exercising a civic right. Also, when you file a complaint, you’re not alone – many others do so every year, and organizations like the DOJ Civil Rights Division exist to backstop local accountability. If anyone tries to tell you that you “can’t” file a complaint or that you’ll be sorry for doing so, know that they are in the wrong. The entire system of constitutional policing relies on public feedback and oversight – your complaints are a key part of that system. If necessary, do not hesitate to cite your rights (for example, “I have the right to report misconduct, and it would be a violation of my First Amendment rights to punish me for doing so”); sometimes asserting that you know the law can make officials treat you more carefully.
Conclusion: Persistence, Evidence, and Pursuing Justice
Filing a complaint against a law enforcement officer can be daunting, but it is often the first step toward justice and change. Civilians, including dedicated police accountability activists, have shined a light on misconduct by persistently using these complaint channels. As we’ve discussed, there are multiple avenues to make your voice heard – from the local police station all the way to the U.S. Department of Justice. The process may vary and isn’t always easy, but every valid complaint contributes to accountability.
If you choose to file a complaint, prepare and preserve your evidence carefully. Videos, photographs, documents, and witness statements are your allies – secure them and include copies with your complaint when appropriate. Always keep records of who you spoke with and what was said. This not only bolsters your case, but also protects you if there is any dispute about the facts later.
Stay persistent and follow up. Police departments handle many internal matters, and sometimes a complaint can languish unless you remind them that you expect a result. By checking in and showing that you are serious, you increase the likelihood of a thorough investigation. If you hit a dead end, don’t be afraid to escalate the issue – whether that means approaching a civilian review board, alerting elected officials, or even talking to the press or posting the story publicly. Sunshine can be a powerful disinfectant; many reform efforts have started because a civilian refused to be silenced and instead made sure the community knew about an injustice.
Remember, you are entitled to respectful and professional policing. When officers fall short of that standard, filing a complaint is a constructive way to address it. Some complaints result in an officer being retrained, disciplined, or even fired, which can prevent future abuses. Even if an individual complaint doesn’t lead to severe consequences, it builds the paper trail that might later reveal a pattern. For example, the officer who mistreated you might have done it to others – your complaint could be the one that triggers a closer look at their record.
Throughout this journey, consider reaching out to others for support. Community organizations, legal clinics, or advocacy groups can often guide you or even accompany you in the process. There is strength in numbers, and knowing your community backs you can make a big difference.
Finally, keep in mind that filing a complaint and pursuing internal discipline is not the only path to justice. Your constitutional rights can also be defended in court. If you suffered a serious harm or rights violation, consulting a lawyer about a possible civil rights lawsuit (under Section 1983) is an option to obtain compensation and an official judgment of wrongdoing. In some cases, criminal charges against the officer might be warranted and you should cooperate with investigators if asked. All these mechanisms – internal discipline, external oversight, civil litigation, and criminal prosecution – are pieces of the accountability puzzle. By filing a complaint, you’ve activated at least one of those pieces.
Stay safe and diligent as you advocate for your rights. Preserve every bit of evidence, document each step, and don’t give up. Change often comes slowly, but your actions matter. Even auditors and activists who often challenge police in high-conflict encounters rely on the basic process of filing complaints to create official records of misconduct. In the long run, these records can lead to reforms such as better training, new policies, or the removal of officers who don’t uphold the law. Your complaint, combined with others, can spur lawmakers to strengthen laws or prompt the DOJ to step in when necessary.
In summary, filing a complaint is a form of civic participation. It exercises your rights, holds public servants to their oath, and can protect others from suffering the same mistreatment. By following the best practices outlined above – and understanding the tactics to watch out for – you give your complaint the best chance of being heard and acted upon. Stay persistent, stand on your rights, and know that seeking accountability is a just and honorable pursuit.
Legal and Procedural Citations
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U.S. Constitution, Amendment I – Right to freedom of speech and to petition the government for redress of grievances (protects the act of filing complaints about government officials).
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U.S. Constitution, Amendment IV – Right to be free from unreasonable searches and seizures (often implicated in complaints about improper stops, searches, arrests, or use of force).
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U.S. Constitution, Amendment XIV – Right to due process and equal protection (relevant to complaints involving denial of rights or discriminatory treatment).
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42 U.S.C. § 1983 – Civil action for deprivation of rights under color of law
. Allows individuals to sue police officers and other government officials for violations of constitutional rights.
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18 U.S.C. § 242 – Criminal penalty for deprivation of rights under color of law
. Makes it a federal crime for an officer to willfully violate someone’s constitutional rights (enforced by DOJ, potential imprisonment for offenders).
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34 U.S.C. § 12601 (formerly 42 U.S.C. § 14141) – Federal “Police Misconduct (Pattern or Practice)” statute
. Allows the DOJ to seek injunctive relief against police departments engaged in a pattern of violating rights (no private lawsuit under this law; DOJ action only).
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Title VI, Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) – Prohibits police departments receiving federal funds from discriminating on the basis of race, color, national origin, sex, or religion; also prohibits retaliation for complaining about discrimination
.
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California Penal Code § 832.5 – Requires all California law enforcement agencies to establish a procedure to investigate citizen complaints against personnel, and to provide a written description of the procedure upon request
. Also requires complaints and findings to be retained for at least 5 years.
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California Penal Code § 148.6 (declared unconstitutional in part) – Had required officers to warn complainants that filing a knowingly false complaint is a misdemeanor. (This law was an example of measures aimed at deterring false reports; portions have been struck down on First Amendment grounds, but departments may still include false-statement warnings on forms).
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Texas Government Code § 614.022 – Requires that a complaint against a law enforcement officer (or fire fighter) must be in writing and signed by the complainant to be considered by the agency
.
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Texas Government Code § 614.023 – Requires that a copy of a signed complaint against an officer be given to the officer within a reasonable time. The officer cannot be disciplined unless the complaint is in writing and the officer has received a copy
.
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Kentucky Revised Statutes § 15.520 – Sets forth rights of officers and procedures for investigating complaints in Kentucky. Notably, a sworn affidavit from the complainant is required for non-criminal complaints against an officer, unless the complainant refuses to sign; in that case, the agency may still investigate but needs other evidence to take action
. Criminal allegations can be investigated without a sworn complaint. This statute is often called the “Kentucky Officers’ Bill of Rights,” detailing how departments must handle complaints and hearings.
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New Jersey Attorney General’s Internal Affairs Policy (2019) – Statewide policy that mandates all law enforcement agencies in NJ accept complaints from any person, at any time, in any manner (in person, phone, writing, anonymous, third-party). It prohibits turning away a complainant or insisting on a specific form. It also forbids questioning a person’s immigration status when they file. (Source: N.J. A.G. Internal Affairs Policy & Procedures; e.g., acceptance of anonymous complaints
). This is considered a model policy for lowering barriers to complaints.
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Commission on Accreditation for Law Enforcement Agencies (CALEA) Standard 26.2.4 – CALEA is an organization that accredits police agencies. Its standards require that agencies have a directive accepting and investigating all complaints against the agency or its employees, including anonymous complaints
. (While not law, agencies seeking accreditation must comply with this, and it’s a best practice benchmark).
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Departmental Policies on Complaints – Most police departments have their own written policies (often titled “Professional Standards” or “Citizen Complaint Procedure”). These typically echo the requirements of state laws or CALEA standards. For example, a department policy may state: “All complaints will be accepted, whether in person, by mail, by phone, or email, and may be made anonymously. Complaints will be documented on Form XYZ and investigated by the Internal Affairs Unit.” It may also outline the investigation timeline (e.g., a goal to complete within 60 or 90 days) and that the complainant will be notified of the outcome. It’s useful to refer to your local department’s specific policy if you need to cite a violation of that policy (like if someone refused to take your complaint, which likely violates their own rules). These policies are often available on the department’s website or by request from the city.
FAQ: Filing Police Misconduct Complaints
Filing Process
Q: Is it better to file a complaint with a sergeant or Internal Affairs? Can I file with both?
A: You can start your complaint with any official channel available – what matters is that it gets recorded and forwarded to the right place. If you report it to an on-duty supervisor (like a sergeant or watch commander at the scene or station), they should document it and send it up to Internal Affairs (IA) for review. Similarly, you can contact the Internal Affairs unit directly to file your complaint. In many departments, complaints may be initiated at any police station or through the IA office, so either route gets you into the system
. There’s generally no harm in doing both (for example, telling a supervisor at the scene and later following up with IA) – multiple reports will usually be merged. The key is making sure it’s officially logged. Ask for a reference or complaint number if possible. Once filed through one channel, it’s not necessary to file it again elsewhere, but nothing prevents you from also reporting it to oversight boards or state authorities if you feel the need
. The bottom line: use whichever path you’re most comfortable with (even online or by phone if offered) – just get it on record.
Q: What are the ways I can file a police misconduct complaint?
A: Most police agencies offer several convenient ways to file a complaint. Typically, you can do it in person (at any police station or at the Internal Affairs office), or by phone (calling the department or IA to lodge your complaint). Nearly all departments will also accept complaints in writing – for example, via a letter, email, or a dedicated online form on the department’s website
. Many larger departments have printable complaint forms on their site that you can fill out and submit, but you can also simply write a letter or statement describing what happened. In summary: you can usually file in person, by phone, by mail/email, or online. If you’re unsure, call the department’s non-emergency number or check their website – they will direct you. There is no special format required beyond providing the details of the incident; the department will document your information in their system regardless of how you submit it. Tip: If you file in person, you might want to bring a written account so you don’t forget details. If you file online or by email, keep a copy for your records.
Q: Can I file my complaint anonymously or without giving my name?
A: This really depends on the department’s policies. Some departments will accept anonymous complaints, but many will ask for your name and contact information. A few agencies (especially in certain states) require a signed, sworn statement to even investigate a complaint
. In practice, totally anonymous complaints are less common – only a handful of jurisdictions fully allow them
. The reason is that investigators often need to verify details and might want to interview the complainant for more information. If you don’t provide your identity, it can limit their ability to dig deeper. However, if you’re fearful of retaliation and only feel safe reporting anonymously, you should still go ahead and report it. Departments will log anonymous allegations of misconduct; they just might face challenges substantiating them without a known witness. Some oversight bodies (and “auditor” models) are actually more open to anonymous complaints than traditional Internal Affairs
. So, check if your city has an independent police oversight office – they might take anonymous reports and at least use them to monitor patterns. In summary: include your name if you’re comfortable (it lends credibility and allows follow-up), but if not, don’t let that stop you from filing. Just be aware that an anonymous complaint’s outcome may depend entirely on the evidence you provide initially, since they can’t come back to you for more info.
Q: Do I have to write out and sign the complaint, or can it be verbal?
A: You can start the process verbally (for example, by talking to a police supervisor or calling Internal Affairs), but expect to provide a written, signed statement as part of the official complaint. In many places, complaints must be put in writing and signed to be considered “official” – this is even written into law in some states. For example, Texas law requires that a complaint against an officer be in writing and signed by the complainant for the department to take disciplinary action
. Some departments will actually have you swear your statement under oath or get it notarized (this is meant to deter false reports)
. Not every state is that strict – elsewhere, a written form or even an email might suffice. Here’s how it usually goes: if you walk into a station and complain verbally, a supervisor will listen and take notes, but they will likely ask you to fill out a complaint form or will transcribe your complaint and have you sign it. If you complain by phone or online, the agency might follow up by mailing or emailing you a form to sign. Bottom line: Be prepared to put your allegations in writing and sign them. A signed complaint carries more weight and in many departments it’s required for the process to move forward
. (If you absolutely cannot or will not sign, you can still report the issue, but know that it might limit the investigation – for instance, the department may log it as an anonymous or “information only” complaint.)
Q: Is there a deadline or time limit for filing a complaint after the incident?
A: There’s no single rule for all agencies, but sooner is always better. Many departments encourage you to file as quickly as possible, both so that evidence is fresh and so that it falls within any applicable time frames. Some jurisdictions do impose a deadline. For example, a police oversight office or department might say you need to file within 60 days or 90 days of the incident
. (Washington D.C.’s Office of Police Complaints has a 90-day window for filing, and some city police departments have a 30- or 60-day guideline.) That said, serious misconduct (like criminal acts or brutality) will often be investigated even if reported later, but a long delay can make it harder to gather evidence or discipline the officer. In some states, there are also statutes or union contract rules that set a limit on how long after an incident an officer can be disciplined. For instance, if a minor infraction isn’t discovered within a year, action might be barred – this varies by state and department. Our advice: don’t wait. Even if you’re traumatized or busy, try to get the complaint in as soon as you feel able. If a deadline has passed, you can still file – the department may take it under “information only” or for record-keeping, and if the conduct is egregious they might investigate anyway. Also, if you miss an internal deadline, you might explore other avenues (like notifying a state or federal agency). But as a rule of thumb, aim to file within a few days to a couple of weeks of the incident when possible.
Q: Can I file a complaint if I only witnessed the incident and wasn’t directly involved?
A: Yes. You do not have to be the direct victim of police misconduct to file a complaint. Departments generally accept complaints from anyone who has credible information about an officer’s wrongdoing. This includes bystanders, witnesses, or even third parties who heard about it after the fact. In fact, oversight boards and many police departments explicitly allow third-party complaints – for example, a parent can file on behalf of their minor child, or an observer can report what they saw happen to a stranger. From the department’s perspective, a report of misconduct is a report, regardless of who submits it, and they have an interest in knowing about officers’ behavior. Now, one thing to note: if you witnessed an incident but the actual person affected (say, the person who was arrested or hurt) is available, the investigators will definitely want to talk to them too. Some departments might reach out to that person to get their perspective or even require that the victim eventually confirm the complaint. But even if that person is unwilling or unable to come forward, your witness account still has value. It can trigger an investigation or at least put the incident on the radar. So don’t hesitate to report misconduct you’ve witnessed. Be as detailed as possible about what you saw, and provide any evidence you might have (e.g., video) to bolster it. In short: you can absolutely file as a witness – better a second-hand complaint than silence about a bad incident
.
Q: Do I need an attorney to help me file a police complaint?
A: No, you generally do not need a lawyer just to file an internal complaint. The complaint process is intended to be accessible to the public without requiring legal assistance. It’s usually a matter of describing what happened in your own words. There’s no court proceeding or formal legal filings involved in the complaint itself – it’s an administrative process within the police department (or an oversight agency). Most people file complaints on their own. That said, if you’re unsure about the process or worried about how to phrase something, there’s no harm in consulting an attorney for advice. This is especially true if the incident is serious (e.g., involving possible criminal misconduct by the officer or if you suffered injury) because you might eventually consider a lawsuit – in that case, getting legal advice early on is wise. But to initiate the complaint, you do not need a lawyer and there’s typically no cost. In fact, many advocacy groups encourage individuals to file complaints themselves as a way of asserting their rights. Police departments will accept a complaint directly from you. They are not allowed to insist it comes through an attorney. So unless you personally feel better having a lawyer draft it (which is uncommon), go ahead and file it yourself. Use clear, factual language about what happened. If later on you decide to pursue legal action, you can then involve an attorney at that point. Just remember, the internal complaint is about holding the officer accountable within the department; it’s separate from any legal claim for damages. You definitely don’t need a lawyer to simply tell the department your story – your voice as a civilian is enough.
Investigation Integrity
Q: Who actually investigates my complaint once I file it?
A: In most cases, your complaint will be investigated by the Internal Affairs (IA) unit of the agency in question. Internal Affairs (sometimes called the Office of Professional Standards) is a specialized division within the department that investigates allegations of misconduct by officers
. So if your complaint is about a city police officer, the city police department’s IA detectives will handle it. These investigators are law enforcement officers whose full-time job is to investigate other officers. In smaller departments that don’t have a dedicated IA, the task might be assigned to a senior officer or the chief’s office. Some locales also have independent oversight agencies – for example, in Chicago the Civilian Office of Police Accountability (COPA) investigates certain serious complaints, while other complaints get routed to the police department’s IA
. In many big cities, serious allegations (excessive force, bias, criminal conduct) might be investigated externally or by a specialized team, whereas minor complaints (e.g., rudeness or minor rule violations) might be investigated by the officer’s supervisor under IA’s monitoring. If your complaint is against a sheriff’s deputy, it will usually go to the sheriff’s Internal Affairs or a county inspector general. For state police or highway patrol, there’s typically a professional standards unit at the state level. And if your complaint is about a federal agent (like an FBI or ICE agent), it will be referred to that agency’s internal investigation arm – often the Office of the Inspector General for the Department of Justice or Homeland Security
. So, in summary: expect an internal investigator to take the lead, unless your city has a civilian review agency (in which case, you might have investigators from outside the police department involved). If you’re not sure, you can ask when you file, “Who will be handling this case?” – they’ll tell you the division or person assigned.
Q: How do I know the investigation will be fair? Isn’t Internal Affairs part of the police department?
A: It’s natural to worry about a “fox guarding the henhouse” scenario, but there are safeguards. Internal Affairs investigators, while employed by the department, are walled off from regular police operations and operate under a strict mandate to uphold integrity. Reputable departments make it clear that IA must conduct impartial, thorough, and fair investigations
. In fact, IA often reports directly to the police chief or an oversight body, not to the regular chain of command, to maintain independence. Investigators in IA know that their credibility (and the department’s credibility) is on the line with every complaint – if they cover up misconduct, it can lead to scandals, federal intervention, or loss of public trust. Many departments even invite some form of external oversight to verify IA’s work. For instance, there might be a civilian review board or an independent auditor that reviews IA’s completed investigations for thoroughness
. In some cities, those boards can make their own findings or recommendations if they think IA got it wrong. Additionally, if your case is serious, local prosecutors or federal agencies might be quietly monitoring it too. All of this pressures Internal Affairs to be objective. While it’s true that IA investigators might have personal connections within the department, they also know that any sign of bias could cost them their jobs or reputations. For your part, you can help ensure fairness by providing clear evidence and witness contacts – that way the investigation has more than just your word vs. the officer’s. If you ever feel IA isn’t being fair (for example, if an investigator dismisses evidence or discourages you), you can escalate the issue (e.g., notify their supervisor or an oversight board). But by and large, IA exists to hold officers accountable and many take that duty seriously. Remember that honest officers also want bad cops exposed, and IA is a tool for that. So, while a bit of skepticism is healthy, know that the system has checks and balances and outright cover-ups are not as easy as they might seem.
Q: What will happen after I submit the complaint? What are the next steps?
A: Once you file your complaint, a few things will typically happen in sequence:
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Acknowledgment & Case Number: The complaint is logged into the system. Many departments will generate a case or complaint number and acknowledge receipt. You might get a letter or email within a couple of days confirming that they have your complaint on file and stating the basic allegations. (For example, some agencies send a letter within a week that says “We received your complaint about Officer X on [date]” and it will include a reference number for you to use
.) Not all departments send a formal confirmation, but larger ones usually do. If you filed in person, you can ask for a copy of the complaint or a receipt.
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Initial Review & Assignment: The Internal Affairs division (or whoever is in charge of complaints) will do an initial review to determine the nature of the allegations. Serious allegations – like excessive force, criminal conduct, discrimination – are usually kept within Internal Affairs for a full investigation. Less serious issues – like discourtesy or minor rule breaches – might be sent to the officer’s direct supervisor or unit commander to investigate under IA’s oversight
. (This doesn’t mean they aren’t taken seriously; it’s more about resource allocation. IA often focuses on high-level cases, while a captain might handle a complaint about an officer being rude, for instance.) Either way, an investigator is assigned to your case.
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Investigation & Evidence Gathering: The assigned investigator will gather evidence. Expect that they will reach out to you if they need more details or to formally interview you about the incident
. They will likely interview any other civilian witnesses you identified and also talk to officer(s) involved (usually after collecting initial evidence). They’ll pull relevant records: things like police reports, dispatch logs, GPS data, body-cam or dash-cam video, surveillance footage, medical records if applicable – whatever might support or refute the claim
. They may also consult departmental policies to see what rules apply. This stage can take some time, ranging from days for a simple matter to weeks or even months for a complex one (especially if multiple officers or cross-agency issues are involved). During this time, you as the complainant might not hear much, which can be frustrating, but it’s normal. However, you can usually contact the IA office and ask for a status update or to provide additional info.
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Findings & Conclusion: After evidence is collected, the investigator (or IA team) will make a report with findings. This goes up the chain – often to an IA commander and then to the police chief or a disciplinary board. They will determine the outcome (e.g., Sustained, Not Sustained, Unfounded, etc. – see the Outcomes section below for what these mean). The department will then conclude the case. The officer is notified of the outcome, and any appropriate disciplinary action is decided (though that might happen in a separate HR process).
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Notification to You: Finally, you should receive a formal notification of the result. Most departments send a letter informing you that the investigation is complete and stating the outcome (for example, “Your allegation of Excessive Force was Sustained” or “not sustained”). This letter usually doesn’t go into great detail about the investigation, and, as noted, might not specify any punishment (just whether your complaint was validated or not). But it closes the loop with you as the complainant
. If you don’t receive anything after a long time, you can follow up with IA. A typical investigation might take a month or two, but it could be longer for serious cases. You’re free to call and ask, “Is my case still open?” They might tell you it’s pending.
Throughout this process, keep notes of any contacts you have with investigators and save any letters. If at any point you have more information (say, you found a new witness or saved a video from social media), send it to the investigator to be included. After all is said and done, the main article’s advice should cover what comes next depending on the outcome (like appeals or other actions).
Q: Will the officer know that I filed a complaint against them?
A: In almost all cases, yes. When an officer is the subject of a misconduct complaint, that officer will be officially notified of the allegations at some point in the investigation. Departments generally have to inform the officer so that they can provide their side of the story. In fact, many states have laws or policies requiring this – for example, in Texas an officer must be given a copy of any signed complaint made against them before any disciplinary action can be taken
. Typically, the officer’s supervisor or Internal Affairs will present the officer with a notice that outlines the complaint (sometimes a summary, sometimes the actual written complaint you submitted). This usually happens early in the investigation, often as soon as the complaint is filed or when they’re about to interview the officer. So assume that the officer will learn about it.
However, departments do not broadcast your identity to everyone. The information is kept within the investigation. Other officers or the public won’t automatically know you complained. The accused officer and those directly involved in handling the case will know. If you asked to remain anonymous, they might try to honor that, but practically speaking the officer might still figure it out from the circumstances (“Oh, that guy I pulled over is the one who complained”). It’s also worth noting that officers are explicitly forbidden from contacting or harassing you about a complaint. They’re not supposed to approach you at all except through the official investigation (like if IA sets up an interview with you, the officer would not be present). Any form of retaliation or intimidation by the officer would be a serious violation on their part
.
So, while your complaint isn’t a secret from the officer, you are protected. Don’t let the fear of “the officer will know” stop you. Knowing about a complaint is a normal part of an officer’s job – every professional knows that if someone files a complaint, the subject will hear about it. The officer will be told to cooperate with the investigation and not to retaliate. If you experience any suspicious behavior after filing (like the officer or their colleagues seem to be harassing you), document it and report it immediately, because that’s not allowed. But in the vast majority of cases, the officer will just go through the investigation process and won’t engage with you personally. In summary: Yes, the officer will know, but no, they can’t lawfully do anything against you because of it.
Legal Rights and Protections
Q: Can the police retaliate against me for filing a complaint?
A: No. Retaliation of any kind is illegal and against policy. You have every right to file a complaint, and officers (or the department as a whole) cannot punish or harass you for doing so. Both federal law and most state laws explicitly forbid retaliating against someone for reporting misconduct
. Internally, any officer foolish enough to retaliate would risk severe discipline or firing, and possibly criminal charges. What might retaliation look like? Examples could include an officer intentionally ticketing or arresting you without cause because you complained, or threatening you, or pressuring you to withdraw the complaint. These actions are not tolerated if discovered. In practice, true retaliation is rare, because officers know it would only worsen their situation. That said, it’s good to stay aware. If you suddenly start getting unwarranted attention from police after filing a complaint (like repeated traffic stops that seem baseless), note the details (date, time, officer names). It could just be coincidence, but if it forms a pattern connected to the officer you reported, you should inform Internal Affairs or even a lawyer. Also remember, your complaint is often confidential during the investigation – it’s not public – so outside of the officer’s chain of command, others generally wouldn’t know you filed it.
Importantly, retaliation protection also extends to things like your job (if, say, the officer knows your employer) and community standing. An officer leaking your information to shame you or harm you would be in big trouble. Again, these scenarios are not common, but it’s understandable to worry. Rest assured, the law is on your side here. Departments want to encourage citizens to come forward, and they know if people felt intimidated, it undermines the whole accountability system. So they take measures: officers are often reminded during the investigation that retaliation is prohibited. If you are still anxious, you can choose not to share your identity publicly and only deal with investigators in a formal setting. Bottom line: You’re protected when you speak up. Retaliation is forbidden – and if it happens, it should be reported immediately as a new complaint (and possibly to prosecutors if it’s severe).
Q: Could I get in trouble myself for filing a complaint if it turns out the officer is cleared? (What about false complaints?)
A: If you file a complaint in good faith, you will not get in trouble, even if the investigation doesn’t substantiate your allegations. It’s understood that people’s perceptions can differ or evidence might not be enough to prove misconduct – that doesn’t mean you lied. You have the right to report what you believe to be wrongdoing. Now, the only time you could face consequences is if you knowingly make a false report. Deliberately lying in a complaint (for example, completely fabricating an incident) is itself an offense. Many jurisdictions have laws against filing false reports to police, and when you sign a complaint form, often there’s a statement about the information being true to the best of your knowledge under penalty of perjury
. So if someone were to invent a story to get an officer in trouble, they could indeed be prosecuted (it might be a misdemeanor crime, akin to making a false statement or obstruction). But this is very different from a complaint that is unproven or “not sustained.” Not sustained just means they couldn’t prove it – it doesn’t mean you lied. As long as you’re honest about what you saw or experienced, you are on solid ground. Even if the officer is ultimately exonerated, you won’t be penalized for raising the issue.
To put it simply: truthful complaints = no punishment for you. False complaints (made up lies) could lead to charges, but those cases are unusual and typically pretty blatant. If you’re nervous because the officer or someone mentioned “You could be charged if you lie,” take that as a reminder to be truthful, not as a threat to discourage you. Departments include that warning to deter the rare malicious false report, not to scare off legitimate complaints. In many states, even filing an unsworn false complaint is a crime, but it requires clear evidence that you knew it was false. If you’re telling the truth as you know it, don’t worry – even if some details end up being mistaken, that’s not a crime. Nobody remembers every second perfectly under stress; investigators know that. They only go after complainants if it’s an egregious, intentional lie (for instance, video proves the event never happened at all). Those instances are exceedingly rare. Good faith mistakes are not punished. So speak up truthfully and you have nothing to fear legally.
Q: What if I have a criminal case or charges related to the incident? Can I still file a complaint, or will it hurt my case?
A: You can absolutely still file a complaint. An internal police complaint is a separate matter from any criminal charges you might be facing personally – one does not directly affect the other
. For instance, imagine you were arrested and during that arrest you believe an officer used excessive force. You might be facing a charge (say, resisting arrest), but you also want to complain about the officer’s conduct. You should pursue both: defend yourself in court and file a misconduct complaint. The police department is obligated to investigate officer misconduct regardless of your legal status. They can’t say “we won’t look at this because the person complaining got charged with something.” In fact, departments often investigate force used in an arrest separately from the criminal case – it’s parallel tracks.
That said, there are a few practical considerations:
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Focus: Your criminal case (the charges against you) will be decided in court based on evidence of that alleged crime, not on whether the officer behaved correctly. You fighting a charge in court is about proving your innocence or reaching a plea, etc. The internal complaint is about whether the officer followed the rules. Winning or losing your criminal case doesn’t automatically prove or disprove your complaint, and vice versa. They’re independent.
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Inform your defense attorney: If you have a lawyer for your criminal case, tell them you filed a complaint. Sometimes the internal investigation files might contain information useful to your defense (like discrepancies in the officer’s story). Your lawyer might later request those files if relevant. Also, your attorney will want to make sure that nothing you say in the complaint contradicts your defense. Generally, stick to facts in both your complaint and your defense. As long as you’re truthful, it should be fine.
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Statements: Be aware that any written or recorded statements you give in the complaint process could potentially become known to prosecutors (for example, if the officer is charged or if your lawyer obtains IA records for a civil lawsuit). It’s not common for a local prosecutor to dig into an IA complaint against their officer while prosecuting you – in fact, prosecutors usually stay out of administrative matters. But defense attorneys might use a sustained complaint to challenge an officer’s credibility. It’s all situational. The key point is, don’t accuse the officer of something in your IA complaint and then tell a completely different story in criminal court. Consistency helps you.
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No impact on charges: Filing a complaint will not make your criminal charges go away, and it won’t make them any worse either. The police department can’t punish you for complaining by influencing your criminal case – that would be retaliation. The complaint won’t be part of the criminal case evidence (unless it contains something like a confession, which obviously you wouldn’t be confessing to a crime in a misconduct complaint). The courts and prosecutors handle the criminal case; IA handles the officer investigation. They are separate tracks
.
In summary, do file the complaint if you experienced misconduct. Just make sure your defense attorney is in the loop. Many people do this: they fight their ticket or charges in court and simultaneously pursue an officer complaint. One doesn’t negate the other. If anything, a well-founded complaint might even indirectly help your criminal case (e.g., if the officer is found to have lied in your case, that could support your defense). But even if not, you shouldn’t tolerate misconduct just because you were arrested. You have the right to both due process in court and to hold the officer accountable through IA. Use both channels.
Complaint Outcomes
Q: What outcomes can result from my complaint? What do terms like “sustained” or “unfounded” mean?
A: When the investigation is finished, the department will categorize the findings for each allegation in your complaint. The common outcome categories are:
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Sustained: This means the allegation was proven true. There was sufficient evidence to support your complaint, and the department agrees the officer did commit misconduct
. A sustained finding is essentially “you were right – the officer was in the wrong.”
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Not Sustained: Think of this as “not enough evidence either way.” The investigators couldn’t find conclusive proof to uphold the complaint, but they also didn’t clear the officer outright
. It’s an unresolved result – your claim might be true, but they just can’t substantiate it firmly.
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Unfounded: This means the investigation determined the allegation was false or baseless
. In other words, they concluded that either the incident didn’t happen as described, or the officer didn’t do what was accused. “Unfounded” is basically saying the complaint itself had no foundation in fact (from the department’s perspective).
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Exonerated: This outcome means that the incident did happen, but the officer’s actions were found to be proper and within policy
. So, you might have experienced something and thought it was misconduct, but after review, the department says the officer acted appropriately (or lawfully). For example, you complain you were searched without reason, but body-cam shows you fit the suspect description for a lawful search – the officer is exonerated.
Some departments use slightly different wording or additional categories, but most follow this general scheme. For instance, you might also hear “Resolved” (maybe used when a minor issue was fixed via mediation), or “No Finding” if the investigation couldn’t proceed (like if the complainant didn’t cooperate). But the four above are the big ones.
When you get your result letter, it will likely say one of these terms for each aspect of your complaint. It could be mixed – for example, “Allegation of Discourtesy: Sustained; Allegation of Excessive Force: Not Sustained,” if you had multiple issues. It’s not all-or-nothing.
Understanding them: Sustained is the only one where the officer is found in the wrong. Not Sustained is essentially “case not proven.” Unfounded and Exonerated both clear the officer, just for different reasons (unfounded = it didn’t happen or wasn’t misconduct at all; exonerated = it happened but was okay under the rules).
Remember, these findings are based on the department’s internal review. They are not the same as a court verdict. It’s possible you disagree with a finding (many complainants do, especially if it’s not sustained or exonerated), but that’s the label they will use to close the case. The key takeaway: you’ll know if your complaint was upheld (sustained) or not upheld (the other outcomes).
Q: If my complaint is sustained, what can happen to the officer? Will they be fired?
A: If your complaint is sustained, it means the department acknowledges the officer violated policy or behaved improperly. What comes next is an internal decision on discipline or corrective action. The range of possible outcomes for the officer is quite broad, and it depends on the severity of the misconduct, the officer’s previous record, and the department’s disciplinary guidelines (often influenced by union contracts or civil service rules).
Here are some possibilities, from mild to severe:
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Counseling/Training: For very minor sustained issues (say the officer was a bit rude or didn’t fill out a form correctly), the “discipline” might be just a talking-to by a supervisor or a requirement to attend retraining. It’s essentially a corrective action without formal punishment.
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Written Reprimand: This is a formal letter of reprimand placed in the officer’s personnel file. It’s a step up from verbal counseling and indicates an official note that they did wrong. A reprimand is a common outcome for less serious misconduct or first-time minor offenses.
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Suspension: For more serious or repeat misconduct, an officer can be suspended without pay for a certain number of days. This is essentially a temporary removal from duty as punishment. The length can range from a day or two up to weeks, depending on how bad the violation was. Some departments allow officers to forfeit vacation days instead of taking unpaid days (semantics differ, but it’s a penalty either way).
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Demotion: In some cases, an officer might be demoted in rank. This is less common, but if a supervisor is found to have committed misconduct, they might be knocked down to a lower rank as part of discipline.
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Termination: Yes, an officer can be fired for a sustained complaint, if the offense is grave enough or if they have a history. Examples that might lead to termination include excessive force causing serious injury, criminal behavior (like theft, fraud), blatant civil rights violations, or repeated sustained complaints indicating a pattern of behavior. Even one sustained complaint for something egregious (e.g., an unjustified shooting, a DUI on duty, sexual assault) can lead to immediate firing. For other cases, it might be the cumulative effect (e.g., “final straw” after prior warnings). Departments usually have to follow due process (often a board or hearing for the officer) before termination, but it does happen.
Additionally, other consequences could accompany these: the officer might be put on probationary status, removed from specialized assignments, or made ineligible for promotion for a time. In really serious cases, apart from internal discipline, the department might refer the matter for criminal prosecution or decertification of the officer’s license. For instance, if your sustained complaint involved the officer committing an actual crime (say, an assault or evidence tampering), the case could be forwarded to the District Attorney and the officer could face charges separately from the job discipline.
It’s important to manage expectations: not every sustained complaint results in harsh punishment. Many sustained findings result in relatively mild discipline, especially if it’s a first-time issue. Police unions and civil service rules often require “progressive discipline,” meaning they start with lighter penalties and only escalate for repeat issues or severe misconduct. So, an officer likely won’t be fired for a first sustained complaint of, say, rudeness or minor negligence. They might get a reprimand or short suspension. On the other hand, some departments are stricter, and public pressure in high-profile cases can lead to more severe penalties.
One more thing: As the complainant, you generally won’t be told the exact discipline (due to privacy laws around employee discipline). You might just get notified that your complaint was sustained. But sometimes, especially if it becomes public or if the officer is charged criminally, you’ll indirectly find out (via news or a public report) that the officer was suspended or fired.
In summary: discipline ranges from a slap on the wrist to firing, depending on what the investigation proved. Sustaining your complaint is a significant finding — it means your allegation was validated. What the department does with that finding (training vs. firing) is an internal decision, but it will be something appropriate to how serious the misconduct was judged to be
. And even if it’s a mild punishment this time, that sustained record stays with the officer – if they mess up again, the next response is likely to be stronger.
Q: Will I be told what happens with my complaint – the results and any action taken?
A: You will definitely be told the result (the finding) of the complaint investigation, but you will likely not be given detailed information about any internal disciplinary action. Departments almost always send the complainant a closure letter when a case is finished. In that letter, they’ll state the outcome for each allegation: e.g., “The allegation of excessive force was Sustained,” or “Your complaint of discourtesy was Not Sustained,” etc. That part you will know. What they typically do not include is a description of the specific discipline or corrective action for a sustained finding. The letter usually won’t say “the officer will be suspended for three days” or “we fired the officer,” even if that happened. It’ll just say the complaint was sustained (or whatever the finding is)
. The rationale is that disciplinary actions are considered part of the officer’s confidential personnel record in many states, so they often don’t disclose it to the complainant.
Now, there are exceptions: in some jurisdictions with strong transparency laws, you might eventually learn more. For example, a few states have laws that certain serious sustained findings (like those involving dishonesty or force) are public record. In those places, you could request or eventually see a summary of the discipline. Some civilian oversight boards also issue public reports with anonymized case outcomes that include discipline. But as a general rule, your personal notification will be brief and not detail punishment
.
In terms of how you’re told: usually by a written letter mailed to you (or emailed if you corresponded that way). A phone call is less common for the official disposition, because they like to have a record. The timeline for getting this notification can vary a lot. Some departments are good about sending it promptly once the case closes; others might lag. If it’s been many months and you haven’t heard, it’s reasonable to call IA and ask if the investigation is complete and if so, request the outcome letter.
Also, some oversight agencies (like civilian review boards) provide more detailed feedback to complainants. For instance, they might meet with you or send a report. But police departments themselves usually keep it minimal.
To manage expectations: Don’t be surprised if your letter says something like, “Investigation Outcome: Not Sustained – insufficient evidence to prove the allegation,” or “Outcome: Sustained – appropriate action has been taken.” If it’s sustained, you might get a vague line such as “The department will take corrective action with the officer.” They often assure the complainant that “appropriate measures” will be taken but without specifics
. It can be a little unsatisfying to not know exactly what happened to the officer, but understand that this is normal due to employee privacy rules.
If you really want more information and your local laws allow it, you could file a public records request for the investigative report or disciplinary records, but those are frequently exempt or redacted heavily. Some places have a police ombudsman or oversight entity that can at least confirm if policy changes or training resulted from your case.
In summary, yes, you will be notified when your complaint is resolved. Expect to learn the finding (sustained/not sustained/etc.), but probably not the nitty-gritty consequences. What’s important is that, internally, the department will act on a sustained finding even if they don’t tell you the details. And if you don’t get any letter or call after a long time, be proactive and reach out to IA – clerical errors happen, and you want to make sure you receive closure on the case
.
Q: Does my complaint stay on the officer’s record? What if it wasn’t sustained – is there any point?
A: Generally, departments do keep records of all complaints, whether sustained or not. Every complaint, once filed, is typically recorded in an Internal Affairs database or tracker. So yes, your complaint becomes part of the officer’s historical profile in the IA files. If the complaint is sustained, it definitely goes into their personnel file as a formal disciplinary record. If it’s not sustained, unfounded, or exonerated, it usually still remains in the IA archives, but often not in their main personnel file (to be fair to the officer). Think of it like a file of “allegations made” separate from “proven misconduct.”
Why does this matter? Because if that officer accumulates multiple complaints over time, even if individually they were not sustained, the department might notice a pattern. Many agencies have “early warning systems” – if an officer gets, say, 5 complaints in a year, it triggers a review, even if none were sustained. The idea is to spot red flags (maybe this officer needs additional training or monitoring). Your complaint contributes to that broader picture.
On the other hand, departments also don’t want to unfairly punish officers for unfounded allegations, so they may purge or disregard old unsustained complaints after a number of years (policies vary – some keep everything indefinitely, others purge non-sustained cases after 5-10 years). But as a citizen, you should assume that your complaint is at least documented somewhere permanently within the department’s system.
So even if your complaint was not sustained, it wasn’t for nothing. It’s logged. If that officer does something similar again and another person complains, the investigators may notice, “Hey, we’ve seen a complaint like this about Officer Smith before.” While officially each case is separate, patterns can influence outcomes. For example, if three different people complain about Officer Smith’s rudeness on traffic stops, by the third time, the department might decide to take action on a complaint they otherwise would have let slide, precisely because it’s become a pattern.
Moreover, a complaint (sustained or not) can be important if later that officer faces a major inquiry or lawsuit – the record shows a history. In civil rights lawsuits, for instance, the officer’s complaint history can sometimes be brought up to show a pattern of behavior (subject to court rules).
From your perspective, a sustained complaint clearly goes on the record as a mark against the officer. An unsustained one might feel like it disappeared, but it likely sits in the background. Most agencies do note every complaint in their internal system. So yes, it has a point: at minimum, it’s now known to the department that something happened on that date with that officer.
It’s also worth noting that if a complaint is unfounded or not sustained, it usually won’t affect the officer’s chances of promotion or evaluation negatively (since officially they were cleared). Departments try to be fair – they don’t “count” unsustained complaints as strikes. But if there are many, it will raise internal eyebrows.
In short: your complaint lives on in the records. It may not be publicly visible, and it may not directly impact the officer if not sustained, but it’s there and can influence future handling. This is why we encourage filing complaints even for “small” things or even if you’re not sure it will be proven – the accumulation of data helps oversight in the long run.
Escalation Options
Q: If the investigation finds nothing or I disagree with the outcome, is there anything I can do?
A: Finding out that your complaint was “Not Sustained” or “Unfounded” can be frustrating, especially if you strongly believe the officer did wrong. While an internal investigation’s decision is usually final within the department, there are a few avenues you can consider:
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Appeal to a Civilian Oversight Board (if available): Some cities have an independent civilian review board or oversight commission. In certain systems, complainants (and officers) have the right to appeal an Internal Affairs decision to that board
. For example, you might file an appeal saying you’re not satisfied with IA’s findings, and a civilian panel will review the case file and perhaps do additional investigation or hold a hearing. Not all jurisdictions offer this, but many large cities do (e.g., New York City’s CCRB isn’t exactly an appeal body because you can go to them first, but others like San Francisco or some mid-size cities allow appeals of the police department’s findings). Check your local oversight agency – if one exists, ask if they can re-examine your complaint. They might overturn an IA decision or recommend further action if they find it was incomplete. Keep in mind there might be a time limit (often 30–60 days after you’re notified of the outcome) to file an appeal.
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Contact Higher-Ups: If no formal oversight board exists, you can still escalate by bringing your concerns to the attention of higher officials. You could write a respectful letter to the Chief of Police or the department’s Internal Affairs commander, stating why you believe the wrong conclusion was reached and asking for reconsideration. This approach sometimes works if, for instance, you have new evidence that wasn’t considered initially. You can also cc your letter to your City Council, Police Commission, or Mayor – city officials can informally put pressure on the department to review a case, especially if it’s high-profile or egregious. While they might not reopen an investigation just because a citizen is unhappy, multiple complaints about the complaint process can get political attention.
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Seek External Investigation: If you truly believe the internal process was a sham (for example, if it’s a very serious matter and you suspect a cover-up), you could ask an external law enforcement agency to look into it. For instance, if it’s potentially a criminal violation of your rights, you could contact your state attorney general or the federal Department of Justice (see below) to review whether the outcome was proper. They won’t usually second-guess routine complaints, but if it’s something like you alleged excessive force and have clear evidence and the local PD swept it under the rug, external authorities might take interest.
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Legal Action: You always have the option to consult a civil rights attorney about your case. Even if IA didn’t sustain your complaint, you might have a viable civil lawsuit (the standards of proof differ). A lawyer can advise if your rights were violated and if you have grounds to sue the officer or department. If you sue, sometimes internal files become evidence. Also, if your complaint wasn’t sustained due to lack of evidence, a civil suit has discovery tools (subpoenas, depositions) that might uncover more evidence. That’s a big step, but it’s an avenue for escalation when internal accountability fails.
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Public Pressure: As a last resort, or alongside other steps, you can consider going public. This could mean speaking at a City Council or Police Board meeting (many have open comment periods where you can describe your case and dissatisfaction), contacting the media or local journalists who cover police issues, or reaching out to civil rights organizations (like ACLU or NAACP) for support. Public pressure can sometimes prompt a department to revisit a case or at least brings attention to the issue so future complaints are handled better. The downside is it can draw personal attention to you, so weigh that carefully. But police auditors and activists often use this tactic effectively when they spot a pattern of the department not holding officers accountable.
Importantly, if you have new evidence or witnesses that weren’t included initially, bring that up. An example: suppose after your complaint was closed, a video surfaced that clearly shows misconduct. You can present that and the department really should reopen or reconsider.
Also note: once an investigation is done, officers can sometimes appeal sustained findings, but complainants usually have fewer formal options. That’s why external and oversight channels are key for you.
To summarize, you’re not entirely out of options if you get an unsatisfying result. A civilian oversight appeal is the best formal route if available
. Otherwise, you can elevate the issue to community leaders, seek a fresh set of eyes (state/federal), or pursue legal action. Even if these don’t change the outcome of your particular complaint, they can shine a light on the process and potentially drive future reforms. Just be sure to act within any stated deadlines (some boards require appeal requests within a certain window). And keep copies of all correspondence and evidence – if you escalate, you’ll need that file.
Q: Should I also report the incident to an outside agency or higher authority (like state or federal authorities)?
A: It depends on the severity and nature of the misconduct, but you have the right to report police misconduct to other authorities outside the department, especially if you suspect crimes or civil rights violations. Filing a local complaint with the police department or oversight board is step one. Beyond that, consider the following:
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State Authorities: If you believe a crime was committed by the officer (assault, theft, etc.), you can report that to your state’s law enforcement agencies. For example, you could contact the state police or state bureau of investigation and inform them. In some states, the Attorney General’s office has a civil rights division or a public integrity unit that looks at police misconduct. While the local department should refer criminal misconduct to prosecutors on their own, there’s no harm in you making sure state authorities are aware, particularly if you distrust the local process. Note that some states may direct you back to local channels unless it’s a widespread issue. However, certain abuses (like patterns of brutality, or something like an officer using their position to commit crimes) might get a state-level investigation. Also, if it’s a small town department and you don’t trust them, the county sheriff or state investigators might step in if asked.
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Federal Authorities (Department of Justice/FBI): The federal government, through the U.S. Department of Justice (DOJ), can investigate police misconduct that violates federal law. This is mostly in the realm of civil rights violations – for example, excessive force, sexual misconduct by officers, discriminatory policing, or deprivation of rights under “color of law.” If your complaint involves an allegation like that (especially something serious), you can file a report with the DOJ’s Civil Rights Division. They even have an online portal now for submitting civil rights complaints involving law enforcement
. Additionally, the FBI is the investigative arm that handles federal criminal violations by police. You can contact your local FBI field office to report an incident – they take “color of law” complaints (that’s the term for police misconduct under federal criminal law)
. For instance, if you were a victim of excessive force or an unlawful arrest that seems driven by discrimination or a willful abuse of power, the FBI can look into it. The FBI/DOJ tends to get involved if the misconduct is egregious or part of a pattern. A single incident might not result in a full federal investigation unless it’s very clearly criminal (like an officer egregiously assaulting someone without cause). But your report can contribute to a broader picture. If others have complained, the DOJ may already be watching that department.
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Multiple filings: Reporting to outside agencies does not conflict with your internal complaint. In fact, doing both is fine. As South Carolina’s state police (SLED) advises, making a complaint with them doesn’t stop you from complaining to other authorities
. So you can file with the department and also send a complaint to, say, the state AG or DOJ. It’s a good idea to mention in each complaint that you’ve also notified other agencies – sometimes that spurs each to take it more seriously, knowing others are involved.
A good strategy: file internally first or concurrently, so there’s a documented record, then if the incident is serious enough, forward your complaint or a letter to the external agency saying “I have filed this complaint locally, but I am also requesting your office review this matter.” Provide specifics and any evidence. The DOJ, for example, will log your complaint even if they don’t act immediately. If they see a pattern from a particular department (multiple people reporting similar issues), they might open an investigation into the department as a whole.
Also, if your complaint alleges something like harassment of a protected group (e.g., you believe you were targeted for your race or religion), the DOJ and state civil rights units take that seriously.
For issues like corruption (say, an officer soliciting bribes or planting evidence), definitely consider outside agencies, because local departments sometimes hesitate to police themselves on corruption. That’s where FBI/public corruption units may step in.
Remember, though, external agencies have discretion. Not every complaint will lead to a full-scale investigation; they might monitor or might not act unless more evidence or more reports come in. But you’ve at least alerted them. If nothing else, you could later say “I reported it to the FBI” which shows you took it seriously.
In summary: Yes, you can go beyond the department. For major misconduct or rights violations, notify state or federal authorities in addition to filing locally
. It’s an extra layer of accountability. At worst, they log it and take no immediate action; at best, they intervene or gather your case into a larger investigation. There’s no penalty for doing so – the law encourages reporting civil rights concerns. Just be truthful and consistent across all reports. And keep copies of everything you submit.
Q: Can I file a civil lawsuit or take legal action against the officer or department? How does that relate to the complaint?
A: Yes, you can pursue legal action (a lawsuit) independently of, or in addition to, filing an internal complaint. They are separate processes, and one does not exclude the other. In fact, many people do both: file a complaint to address the officer’s discipline within the department, and file a lawsuit to seek compensation or a court judgment for the wrongdoing.
Here’s how they differ and intersect:
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An internal complaint (the whole IA process we’ve discussed) is an administrative matter. Its goal is to see if the officer violated department policy or rules, and to discipline the officer or perhaps change department practices. It doesn’t directly result in any personal remedy for you, other than maybe the satisfaction of accountability or changes in the department. There’s no money or damages awarded to you in an internal complaint. It’s more about holding the officer/department accountable internally
.
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A civil lawsuit, on the other hand, is a legal action you file in court. For police misconduct, often this is a civil rights lawsuit (in federal court, commonly a Section 1983 lawsuit for violation of your constitutional rights) or a lawsuit under state law (like for assault/battery, wrongful death, or negligence, depending on the case). In a lawsuit, you can seek damages (money for medical bills, pain and suffering, etc.), and sometimes injunctions or policy changes. Lawsuits are about your personal remedy and establishing liability under law.
You do not need to wait for the complaint process to finish before suing. They have different timelines: for instance, there may be a statute of limitations (often 2-3 years) for filing a civil lawsuit, and many states require you to file a “notice of claim” with the city a short time after the incident (sometimes within 90 days or 6 months) if you plan to sue a government agency. Filing an internal complaint is not the same as filing a notice of claim – it usually doesn’t preserve your legal rights in court. So, if you think you might want to sue, you should consult a lawyer sooner rather than later, regardless of the complaint. The lawyer can help you file any necessary notices to protect your right to sue.
It’s quite possible to do both: file the complaint for the administrative outcome and prepare for a lawsuit. In fact, internal investigation records can sometimes be useful evidence in a lawsuit (for example, if the department sustains your complaint, that finding could support your civil case; conversely, if they don’t sustain it, you and your lawyer will know what the department’s defense might be). Note that the internal investigation file is usually not public, but during a lawsuit, your attorney can often obtain it through discovery if it’s relevant.
One thing to be aware of: if you sue and it’s ongoing, sometimes departments pause or limit the internal investigation so as not to interfere with legal proceedings (or vice versa). But usually they’ll still complete their IA process.
If you’re worried that filing a complaint might “tip off” the officer and help them prepare for a lawsuit – generally, officers assume a lawsuit could come anyway, and you don’t gain much by not complaining. In fact, some judges and juries might wonder, “If it was so bad, why didn’t they even file a complaint?” So showing that you tried the internal route can demonstrate that you sought accountability through proper channels first.
Also, filing a complaint might result in evidence gathering (like the department securing videos or documents) that could later be accessed for your lawsuit. It also fixes the date and details of your allegations contemporaneously, which can help if memories fade by trial time.
However, do be mindful: any official statement you give in the complaint could potentially be used in a lawsuit. If you said one thing to IA and another thing in court, that’s a problem. So be consistent and truthful in both forums.
It’s highly recommended to consult a qualified attorney if you’re considering a lawsuit. They can advise on the strength of your case, the appropriate jurisdiction (state or federal court), and any immunities or legal hurdles (like qualified immunity for officers, which is a defense in federal civil rights cases).
To put it simply: Filing a complaint with the department and filing a lawsuit are parallel paths. One seeks internal discipline, the other seeks legal remedy for you. They’re not mutually exclusive. Doing one does not legally prevent the other. Just keep track of deadlines for lawsuits (which can be much shorter than the complaint timeline). Many people file the internal complaint immediately (to get it on record) and then take some time to find a lawyer and explore the lawsuit option. Others do the reverse (sue first and use the lawsuit filing as essentially the complaint notification). Either way, make sure both the department and, if needed, the courts hear your grievance.
Finally, there’s also the possibility of a criminal complaint (if the officer’s conduct was criminal), which would be handled by prosecutors. That’s separate again – and you reporting to the DA or cops is one thing, but the DA decides whether to charge the officer. You as a private citizen can’t “press charges,” you can only report. Don’t confuse that with a civil suit, where you are in control as the plaintiff.
In conclusion: Yes, you can sue. The internal complaint process is about departmental accountability, and a lawsuit is about your personal justice/compensation. Many high-profile cases see both tracks pursued. Use the complaint to potentially bolster your case and address the issue administratively, but don’t rely on it to resolve everything if you suffered serious harm – that’s where a lawsuit might come in.
Sources
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Houston Police Department Internal Affairs explains that state law (Texas) requires complaints against officers to be sworn under oath and notarized, but also notes that complaints can be made in person to any supervisor 24/7 or via a notarized form by mail – indicating multiple channels to file.
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South Carolina Law Enforcement Division (SLED) guidelines: Making a complaint with SLED does not prevent you from making a complaint with other authorities. (This underscores that you can file with multiple agencies or oversight bodies in parallel.)
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LawInfo.com – Filing a Complaint Against Police Misconduct – states that most police departments allow complaints to be submitted online, over the phone, via e-mail, or in person, reflecting the variety of accepted filing methods.
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Montgomery County (MD) Department of Police – Internal Affairs Division – lists that complaints can be submitted online (preferred), in person at any district station or HQ, via email, or by mail, demonstrating the range of avenues to file a complaint.
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LawInfo.com article notes that only a few departments allow anonymous complaints; most ask for a name and some even require a notarized complaint, showing that anonymity policies vary and many agencies prefer identified complaints.
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National Association for Civilian Oversight of Law Enforcement (NACOLE) guidance explains that under some investigative models, anonymous complaints are not accepted because a complainant’s identity can be crucial, whereas anonymous complaints are more commonly accepted under auditor/monitor models.
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Texas Government Code §614.022 – requires that for a complaint to be considered by a law enforcement agency in Texas, it must be in writing and signed by the complainant, a legal standard illustrating state-to-state differences in formal requirements.
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NACOLE guidance cautions that complaint forms may require a signature under penalty of perjury, intended to deter false allegations, but notes this could have a chilling effect on legitimate complaints. (It suggests not including such language on initial forms, or only when taking a sworn statement later.)
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City of Lansing (MI) Police Complaint page excerpt – Complaints must be filed within 60 days of the incident, and within 10 days of receiving the complaint the person will be notified about the investigation process. (Example of a specific filing deadline in one jurisdiction.)
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Washington D.C. Office of Police Complaints FAQ – They accept complaints filed within 90 days of the incident. (Illustrates another jurisdiction’s time limit for filing.)
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LawInfo.com – affirms that anyone who experiences or witnesses police misconduct can file a complaint, and usually there are no age or citizenship restrictions. (This supports that third-party witnesses are allowed to file in general.)
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LawInfo.com – notes that after filing a complaint against a local/state officer, it goes to the department’s Internal Affairs division for investigation. (Confirms IA is the typical investigator for local police complaints.)
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LawInfo.com – adds that if a complaint involves a federal law enforcement agency under DOJ (e.g., FBI), the Office of the Inspector General will investigate. (Shows who investigates federal officer complaints.)
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Chicago Police Department (COPA) – explains that COPA intakes all complaints and investigates certain serious allegations (excessive force, etc.), and by ordinance all other allegations are referred to the Internal Affairs Division. (Demonstrates a model where an oversight agency and IA split investigative duties by type of allegation.)
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Montgomery County Police Internal Affairs – states the division is committed to impartial, efficient, and fair investigations of misconduct and emphasizes maintaining trust by addressing concerns with integrity. (Evidence that IA divisions profess neutrality and thoroughness in investigations.)
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Houston Police Department – describes the Independent Police Oversight Board (IPOB) of citizens that reviews internal investigations to determine if they were sufficient and if conclusions and discipline were appropriate, before cases go to the Chief for final decision. (An example of external oversight ensuring IA investigations are thorough and fair.)
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Chicago COPA – notes that once a complaint is received and assigned a log number, if within COPA’s jurisdiction they will investigate, and COPA will send a letter to you acknowledging the complaint within 5–7 working days. (Shows that complainants often receive an acknowledgment and reference number shortly after filing.)
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Houston PD – explains that all complaints are reviewed at Central Intake: the most serious allegations are investigated by Internal Affairs, while less serious complaints (e.g., rudeness or minor infractions) are forwarded to the officer’s division for investigation. (Illustrates triage: IA handles major cases, supervisors handle minor ones.)
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Houston PD – states that in every case, the person making the complaint will be contacted during the investigation for additional information and will be notified by mail of the final disposition. (Confirms that complainants are typically interviewed/contacted and later informed of the outcome in writing.)
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Chicago COPA – outlines that an investigator will contact complainant(s) and witnesses for statements and will obtain all relevant evidence (reports, photographs, video, audio, etc.) and also interview the accused member and any others with knowledge. (Describes the comprehensive evidence-gathering steps in a misconduct investigation.)
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Texas Gov. Code §614.023 – requires that a copy of a signed complaint be given to the officer within a reasonable time after it’s filed, and prohibits disciplinary action unless the officer has that copy. (Demonstrates that officers generally must be notified of complaints against them, by law in some places like Texas.)
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LawInfo.com – affirms that generally no, the police cannot punish you for filing a complaint, noting that most internal regulations, state laws, and federal laws forbid retaliation against private citizens who file police complaints. (Explicit reassurance that retaliation is illegal.)
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NACOLE guidance – reference to signature under penalty of perjury on forms to deter false reports, implying that knowingly filing a false complaint could subject a person to perjury charges. (By extension, truthful complaints in good faith are not penalized, whereas intentionally false ones can have consequences.)
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Montgomery County Police FAQ – notes that submitting a complaint to Internal Affairs will not affect any criminal or civil charges against the person filing. (Clarifies that the internal complaint process is separate from criminal proceedings, so one can still pursue a complaint even if facing charges.)
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Chicago PD (COPA) – defines the four possible findings of a complaint:
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Sustained: allegation supported by sufficient evidence to justify disciplinary action;
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Not Sustained: insufficient evidence to either prove or disprove the allegation;
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Unfounded: allegation not factual or the incident didn’t occur as reported;
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Exonerated: the incident occurred but the officer’s actions were lawful and proper.
(Provides official definitions of common complaint outcomes.)
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Chicago PD – notes that for a Sustained finding, disciplinary action may range from “Violation Noted” (minor reprimand) to separation from the Department (termination). (Shows the spectrum of discipline for sustained complaints, from minimal to firing.)
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SLED – explains that if an officer is found in violation of rules, severe cases may result in termination, reduction in rank, or suspension without pay, while less severe sanctions include training and counseling. The Chief is final authority on discipline. (Reinforces the range of outcomes for sustained findings.)
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SLED – assures that you will be notified in writing of the conclusion of the investigation of your complaint, but notes the letter will not include the description of any disciplinary action. (Confirms that complainants get a written outcome notice, but likely won’t be told the specific punishment.)
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NACOLE FAQ – mentions that some larger civilian review boards have authority to hear appeals filed by complainants (or officers) and overturn decisions made by police internal investigations. (Evidence that in some jurisdictions, if you disagree with the internal outcome, you can appeal to a civilian board.)
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U.S. DOJ Civil Rights Division – advises that to report a criminal civil rights violation by an officer, you may contact the FBI or the U.S. Attorney’s Office, which have offices in most cities, as they investigate criminal deprivations of civil rights. (Direct guidance for escalating to federal authorities for potential criminal misconduct by police.)
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U.S. DOJ Civil Rights Division – for non-criminal civil rights violations (patterns or policy issues), it directs to contact the DOJ at civilrights.justice.gov to report misconduct (under the Police Misconduct Statute, etc.). (Indicates how to file a civil rights complaint with DOJ for systemic or serious issues.)
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LawInfo.com – explains why one should file a misconduct complaint: it triggers an investigation, can lead to criminal charges, and creates a permanent record of officer misbehavior, helping oversight and informing the agency’s decisions. (Highlights that an internal complaint, while not a lawsuit, is a critical step toward accountability and can prompt further legal action or record-keeping.)
Sources: ACLU “Know Your Rights” guides
; LawInfo legal resource on police misconduct complaints
; ACLU of Connecticut report on police complaint procedures
; Los Angeles Times report on obstacles to filing complaints
; Truthdig/Associated Press report on California racial profiling complaints
; National Association for Civilian Oversight of Law Enforcement (NACOLE) guidelines
; California DOJ guidance on filing police complaints
; and relevant federal and state laws as cited above.