Police Misconduct Laws and Claims in D.C.

The government entrusts law enforcement agencies with the task of enforcing the law. Police officers have great latitude in how they treat criminal suspects. At the same time, they must also respect the rights of citizens.

There are several different types of police misconduct. For example, if a law enforcement officer uses excessive force when arresting a suspect, they may be guilty of police misconduct. The same is true if an officer violates an individual’s constitutional rights by making a false arrest or engaging in racial profiling.

In this article, we’ll explain the legal basis for police misconduct claims, the specific options available in the District of Columbia, and the practical steps a person can take in the face of police brutality or constitutional violations.

If you believe you are the victim of unfair treatment by the police, contact a Washington D.C. civil rights lawyer. They can explain how local laws might apply to your case and talk you through your options.

Your Constitutional Rights in Police Encounters

The United States Constitution protects citizens from certain actions by state officials, including law enforcement. Every state has rules of criminal procedure that police officers must follow when carrying out their duties.

If a law enforcement officer fails to follow these rules or violates a person’s constitutional rights in some other way, the victim has legal recourse. Some of the key constitutional protections you have when dealing with the police include:

• Fourth Amendment: Under the Fourth Amendment to the Constitution, individuals have the right to be free from unlawful searches and seizures, and the excessive use of force by police
• First Amendment: The First Amendment protects a person’s right to record police, protest, and speak freely without retaliation
• Fourteenth Amendment: The 14th amendment offers citizens the right to equal protection and due process under the law

If you believe a member of law enforcement has violated any of these rights, you can take legal action. Below, we’ll discuss the specific actions you can take to protect your rights and, in some cases, demand compensation for the officer’s behavior.

Your Legal Options in D.C.

If a member of law enforcement or the criminal justice system violates your constitutional rights, you can take action. The specific action you take depends on several factors. For example, if you were the victim of police brutality and suffered physical injuries, you may pursue a personal injury case against the officer and the law enforcement agency.

In general, you have three options after law enforcement violates your rights:

• File a complaint with the local PD: You always have the option of filing a complaint with your local police department. Any investigation will likely be conducted by internal personnel.
• File a civil lawsuit: Filing this type of legal action is more complex than filing a simple complaint with the police department. You might file a personal injury claim based on physical injuries, or a Section 1983 claim for violations of constitutional rights. In either case, you must identify the defendants, state the violations they committed, and demand relief. It’s best to find a D.C. civil rights attorney to help with your claim.
• Report criminal misconduct to federal authorities: If you wish to go above the local police department, you can always file a complaint of misconduct with the Department of Justice or D.C. prosecutors. As these complaints are more complex than a complaint to the local law enforcement agency, you may wish to retain a local civil rights lawyer for help.

Regardless of which avenue you pursue, be prepared to answer detailed questions about the incident.

Filing an Administrative Complaint

If a citizen believes they are the victim of police misconduct, they can file an official complaint with the D.C. Office of Police Complaints (OPC). If the agency determines that an officer has engaged in misconduct, it can take disciplinary action, including suspension, retraining, or termination of employment. You will not receive financial compensation as a result of filing an OPC complaint.

Examples of potential misconduct include:

• Harassment
• The use of excessive force
• Using language or conduct that is insulting, demeaning, or humiliating
• Discrimination
• Retaliation against a person for filing a complaint
• Failure of a law enforcement officer to display the requisite identification or to identify oneself by name and badge number when a member of the public asks them to do so.

If you believe you experienced discrimination based on a protected characteristic (such as race, religion, national origin, sex, disability, or other protected classes), you may also file a complaint with the D.C. Office of Human Rights under the D.C. Human Rights Act. This office handles discrimination complaints separately from the OPC and may provide additional remedies.

Filing a complaint with the OPC can be challenging, especially if you’ve never had to do something like this before. To successfully file your complaint, take the following steps:

• Gather the necessary information: You must provide the OPC with specific information about the incident related to the police misconduct. You must include the officer’s name and badge number, the location of the incident, and the nature of the misconduct. You should also provide contact information for any witnesses to the event.
• Provide a detailed description of the incident: This is your chance to explain what happened. Include a chronological description of the events related to your complaint.
• Submit your complaint within 90 days of the incident: You can fill out a complaint form online, or you can mail your completed form to the OPC. You can also pick up a hard copy of the complaint form at the nearest Community Partner location or fill one out in person. The OPC’s Community Partners include the local American Civil Liberties Union (ACLU) and the D.C. Anti-Violence Project. You can find a full list of Community Partners on the OPC’s website.

Make sure you follow up on your complaint. You can call for an update at (202) 727-3838 or (866) 588-0568.

Filing a Civil Lawsuit for Damages

If you suffer an injury as a result of police misconduct, you may have a claim for damages. To recover compensation for your injuries, you must file a civil lawsuit against the officer and the law enforcement agency that employs them. You may also have to name the district itself in your civil complaint.

If you decide to pursue legal action, consider consulting an experienced personal injury attorney. They’ll help you file your lawsuit and fight to get you the damages you deserve.

In your civil lawsuit, you can demand some (or all) of the following types of damages:

• Pain and suffering
• Emotional distress
• Lost wages
• Medical bills
• Future medical treatment

Punitive damages may also be available in cases of particularly serious misconduct.

Your damages depend on the severity of the police officer’s misconduct and your personal injuries. Filing a lawsuit against the government can be a daunting task. These cases are complex, and the government can claim immunity in some situations.

The Government May Claim Qualified Immunity as a Defense

When the government agency receives a copy of your complaint, it will file an answer, likely disputing your claim. In some cases, the government may claim that the officer named in the lawsuit is immune from civil liability.

Government actors, such as police officers, firefighters, and other personnel, are often immune from civil liability. If the officer can prove that they were carrying out their official duties at the time of the incident and did not violate clearly established law, the courts may dismiss your claim.

Whether a government agent can claim this qualified immunity depends on the facts of the case. Qualified immunity is not intended to provide police officers with absolute protection against citizens filing civil lawsuits. The purpose of offering law enforcement officers immunity is to ensure that they can perform their duties without fear of being sued.

To qualify for immunity, a police officer must demonstrate the following:

• The officer was performing their job at the time of the incident
• The police officer did not intentionally violate a “clearly established” constitutional right
• The officer acted reasonably, given the circumstances
• The police officer acted in good faith and with due care

A right is considered clearly established when prior court decisions have confirmed that the officer’s conduct would be unlawful. This requires prior cases with very similar facts.

For example, although the use of excessive force is illegal, an officer might receive immunity if they used a specific tactic or type of force that wasn’t addressed in earlier court cases involving similar circumstances. This specificity requirement presents a significant hurdle to qualified immunity in many police misconduct cases. If the defendant is successful in claiming immunity, the court may dismiss your claim.

Seeking Criminal Prosecution

In addition to pursuing a civil action against a police officer who violates your constitutional rights, you can also seek criminal prosecution for their actions. The process is similar to any other criminal case. As the victim, you cannot charge a law enforcement officer with a crime. Only prosecutors can bring criminal charges. However, you can report their behavior and ask the government to pursue criminal charges.

A police officer is subject to D.C.’s criminal laws just like other citizens and, if they break the law, will face the same criminal penalties. If a law enforcement officer engages in police misconduct, they may face criminal charges, such as assault. The specific charges, of course, depend on the nature of their actions.

The U.S. Attorney for D.C. handles local prosecutions. As the victim, the prosecutor will likely call on you to testify about what the officer did. If the judge or jury finds the officer guilty, they will face possible jail time, fines, and probation.

Pursuing Criminal Charges in Federal Court

In addition to prosecution under D.C. criminal laws, serious civil rights violations may also be prosecuted under federal law. Federal law states that government agents cannot willfully deprive a person of the rights and privileges provided by the Constitution or other laws of the United States. Anyone acting under “color of law” (acting under legal authority) must not knowingly or intentionally violate a person’s civil rights.

Such deprivation of rights may include, but isn’t limited to:

• Physical assault
• Sexual misconduct
• Deliberate indifference to a serious medical condition or substantial risk of harm
• A failure to intervene

The federal Department of Justice (DOJ) investigates police abuse and misconduct claims. To find a person guilty of this crime, the government must prove the following:

• The defendant violated one of the victim’s constitutional rights
• The defendant acted willfully
• The defendant was acting under color of law

If you wish to file a complaint alleging criminal violations by a peace officer, contact your local FBI office and send a written complaint to:

Criminal Section

Civil Rights Division

U.S. Department of Justice

950 Pennsylvania Avenue, N.W., PHB

Washington, D.C. 20530

Keep in mind that this is a criminal charge brought by the U.S. Department of Justice, not the victim. The requirement that the prosecution prove the defendant acted willfully makes these prosecutions rare and difficult.

Practical Steps To Protect Your Rights

There are certain things you must do to protect your constitutional rights after a negative interaction with law enforcement. If you follow the steps below, you’ll increase the chances of the Metropolitan Police Department appropriately disciplining the offending officer.

After an incident with the police, it’s essential to:

• Write down everything you remember (officer names, badge numbers, patrol car numbers)
• Get contact information for any witnesses
• Take photos of any injuries and property damage
• Seek medical attention to document injuries

Individuals also have the right to access copies of public records, such as:

• Duplicates of 911 recordings
• Police reports
• Police dispatch calls
• Photographs
• Official police policies and procedures

Body-worn camera footage may be subject to privacy redactions or may not be available in all situations, depending on MPD policies and the nature of the incident. Be prepared to document your allegations regardless of whether you are allowed access to the recordings.

How To Access Public Records

If you wish to request a copy of a police report, 911 call, body camera footage, or other information related to your incident, you can do so through the D.C. Freedom of Information Act (FOIA). You can request this information via fax, mail, email, or online.

The agency will respond to your request within 15 business days. In some cases, the office may extend this deadline by an additional ten days. This may happen with more complex requests.

When filing your FOIA request, make sure to include the following information:

• Your name and contact information
• Detailed description of the incident, including the date, time, and location
• Proof of identification

When you submit your request, the D.C. FOIA department will assign your case a tracking number. You can use this number to track the status of your request on the D.C. government public FOIA portal.

Get Legal Help With Your D.C. Police Misconduct Claim

If a law enforcement officer has mistreated you, then you owe it to yourself to protect your rights. Proving police misconduct claims is very difficult, especially since it’s often your word against that of a member of the Metropolitan Police Department.

If you believe you’re the victim of police misconduct, talk to a civil rights attorney before filing a complaint against a police officer. This is especially true if you’re facing criminal charges. The prosecutor can use any information you include in your police misconduct complaint or claim against you. Anyone facing criminal charges should consult an attorney before filing any statements about the incident, as they have the right against self-incrimination under the Fifth Amendment.

Having expert legal help is a good idea if you plan to file a claim or pursue multiple remedies at the same time. Contact an experienced Washington D.C. civil rights attorney to learn what strategy can achieve the best outcome for your case. They can also ensure you meet any deadlines related to your complaint, such as the three-year statute of limitations for Section 1983 claims.