Police Misconduct Laws and Claims in D.C.
Created by FindLaw's team of legal writers and editors | Last reviewed June 11, 2019
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.
Since police are entrusted with the task of enforcing the laws, they're given wide latitude to detain suspects. But while you may be arrested for disobeying an officer's order (such as "freeze!" or "stop the car!"), misconduct on the part of the police can result in disciplinary action for the officers involved. Police misconduct includes unlawful searches and seizures (which violate the Fourth Amendment) and excessive use of force, among other forms of misconduct. And while police are protected by "qualified immunity" as long as their actions don't violate specific individual rights, you have legal options in the event that they do in fact violate your rights.
Note: If you've been charged with criminal misconduct, seek advice from an attorney before filing a complaint against a police officer. A claim or complaint against a police officer while you have charges pending may waive your right to remain silent. Any information contained in your police misconduct complaint or claim may be used against you.
The following sections summarize your rights and legal options regarding police misconduct laws and claims in the District of Columbia.
Washington, D.C. Police Misconduct Laws and Claims: The Basics
Understanding your rights is important to a functioning democracy, but reading statutory language is seldom an easy exercise. For your convenience, we've summarized the basics of police misconduct laws and claims in the District of Columbia in plain language in the following chart.
Statutes |
District of Columbia Code:
Federal Laws:
|
Access to Police Records |
Individuals have the right to access copies of public records which can include the following:
|
Claims for Police Misconduct |
Citizens may file complaints alleging police misconduct. Examples of misconduct include:
|
Internal Complaints for Police Misconduct |
Individuals who believe their rights have been violated by the police may file a complaint with the Office of Police Complaints. |
Interference with Civil Rights |
The federal code states that "Whoever, under color of any law, …willfully subjects any person…to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States [shall be guilty of a crime]." Such deprivation of rights may include (but isn't limited to):
The federal Department of Justice (DOJ) investigates police misconduct claims and must prove the following elements in order to get a conviction:
To file a complaint alleging criminal violations by a peace officer, contact your local FBI office and send a written complaint to:
|
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Research the Law
- District of Columbia Law - Summaries of select D.C. laws covering a wide range of practice areas, including criminal, injury, family, and consumer law.
- Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.
Police Misconduct Laws and Claims in D.C.: Related Resources
- Police Misconduct and Civil Rights
- Have Your Civil Rights Been Violated?
- Excessive Force and Police Brutality
- District of Columbia Civil Statute of Limitations
- District of Columbia Wrongful Death Laws
Get Legal Help With Your D.C. Police Misconduct Claim
If you've been mistreated by a police officer, you should know that you have certain rights. However, proving such a claim is very difficult, especially since it's often your word against that of the officer. You'll want expert legal help if you plan to file a claim. Get started today by contacting an experienced Washington, D.C. civil rights attorney near you.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.
Stay up-to-date with how the law affects your life
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.