Police Misconduct Complaints: Where to File

An encounter with the police can be stressful, and it can be hard to know what to do afterward. If you believe an officer acted improperly, you may have more than one way to respond. Some routes are internal to the police department. Others involve outside oversight bodies, state or federal agencies, or courts. This guide explains the general options and the steps that help protect your ability to raise a concern later.

This is general information. Procedures differ by city, county, and state, so check the local rules where the incident happened.

Write down what happened right away

Memory fades quickly, so the first step is a written account. Include the date, time, and location, the names or badge numbers of officers if you know them, the vehicle or unit numbers, and a description of what was said and done. Note who else was present and whether there were any cameras nearby. Ask for the incident or report number if one was given to you.

Keep copies of anything connected to the event. This may include a citation, a receipt for a towed car, photographs of injuries, medical records, or messages from friends who saw what happened. If you were injured, seek medical care and keep the paperwork, because it may be important later.

Start with the police department

Most police departments accept complaints directly. Many have an internal affairs unit, a professional standards office, or a similar division that investigates allegations against officers. Ask the department how to file, whether the complaint can be submitted in writing, and what the next steps look like. You can usually request a copy of what you submit.

A department complaint is one option, but it may not be the only one. Some people choose to file both a department complaint and a complaint with an outside body, so ask whether doing so affects the process.

Check for civilian oversight

Many cities and counties have a civilian review board, an independent auditor, or an oversight office that reviews police conduct. These bodies vary widely. Some can investigate complaints, some only review the department's investigations, and some have limited authority. Your city or county government website is usually the place to find out whether an oversight body exists in your area and how to reach it.

Consider state and federal agencies

A state attorney general's office may review certain police matters, especially those involving serious allegations or possible criminal conduct. Some states have special units for these reviews. You can find your state attorney general's contact information through your state government website.

At the federal level, the U.S. Department of Justice handles certain civil rights matters, including some involving law enforcement. The Justice Department's civil rights reporting page explains how to submit information about possible civil rights violations. Possible outcomes vary: the Department may ask for more information, start a mediation or an investigation, refer you to another organization, or say it cannot help. A report does not guarantee any particular action.

Understand the difference between a complaint and a lawsuit

A complaint to a police department or oversight body is not a lawsuit. It may lead to discipline or policy changes, but it does not automatically award money or stop a court deadline from running. If you believe you may want to sue, talk to a lawyer promptly. Some claims against government entities have notice requirements and short time limits, and the rules can differ from those for private disputes.

Filing a complaint does not require you to decide whether to sue. You can file a complaint first and speak with a lawyer about other options at the same time.

Criminal charges and the complaint process

If you were arrested or charged, the criminal case and any complaint process may run side by side. Speaking about the incident can affect both. Before you give a detailed statement, consider asking a criminal defense lawyer or public defender for guidance.

If you were not charged, a complaint may still be useful. Ask how the department handles timing, and whether the complaint will be reviewed while a related matter is pending.

Protect yourself while you file

Keep your filing calm and factual. Stick to what you saw, heard, and felt, and avoid guessing about what an officer was thinking. Do not exaggerate. If you cannot remember a detail, say so. Keep a record of every submission and every call, including the date, the name of the person you spoke with, and any case number.

Be careful about sharing information on social media during an open investigation. Posts can be read by others involved in the matter and may be used in ways you did not intend.

When a lawyer may help

A lawyer who focuses on civil rights or police misconduct can explain whether a lawsuit may be possible, identify the deadlines and notice requirements that apply, and help you prepare a complaint. Some lawyers accept these cases on a contingency basis, which means they are paid from a share of any recovery if the case succeeds. Terms vary, so ask for the fee arrangement in writing before you agree to anything.

Check any attorney's license with the state bar. Ask how many similar matters they have handled in your local courts, who will work on your file, and how you will receive updates. The civil rights practice page on this site describes the kinds of matters attorneys in this area handle.

Free and low-cost help

If you cannot afford a private lawyer, you may still be able to get guidance. Legal aid organizations and law school clinics may handle some civil rights matters for eligible people. The USAGov legal aid page lists general options, and the Legal Services Corporation directory helps you find civil legal aid programs in your area. A local bar association may also offer a referral service.

Frequently asked questions

Can I file a complaint anonymously?

Some agencies accept anonymous information, but they may be limited in what they can do without a name and contact details. Ask how the office handles anonymous reports before you submit one.

Will filing a complaint get the officer fired?

Outcomes depend on the investigation, the department's policies, and the facts. A complaint may lead to discipline, retraining, or no action. No one can promise a particular result.

What if the department does not respond?

Keep a record of your submission and follow up in writing. If the response is still unclear, ask the civilian oversight office, the state attorney general, or a lawyer what options remain.

Do I need proof to file a complaint?

You do not need to prove everything before filing. Describe what happened as accurately as you can and attach any records you have. Investigators collect additional evidence as part of their review.

Related: Browse guides on legal topics and civil rights lawyers by practice area.

This page is general information, not legal advice. Laws change and every case is different — talk to a licensed attorney about your situation.