Cameron Miranda
If you are experiencing harassment by law enforcement, it is important to know your rights and the steps you can take to address the issue. Police harassment refers to the improper conduct and abuse of power by law enforcement, which can include unwarranted surveillance, racial profiling, false arrest, and excessive use of force. In the United States, there are federal laws and civil rights divisions in place to protect individuals from discrimination, harassment, and abuse by law enforcement. Here are the steps you can take if you are facing harassment from law enforcement:
| Characteristics | Values |
|---|---|
| What to do if harassment is in progress | Call 911 |
| What to do if you are in immediate danger | Call 911 or local police |
| What to do if the incident has ended | Report the harassment in person at your local police or sheriff's department |
| What to do if you can't get to the precinct in person | Call the non-emergency number and submit a report |
| What to do if you are incarcerated | File a formal written complaint at the institution within 20 calendar days of the incident |
| What to do if you are confined to a non-federal institution | Follow the internal grievance procedure of the institution |
| What to do if you are confined to a Federal Bureau of Prisons institution | File a complaint with the appropriate Regional Director of the Bureau of Prisons |
| What to do if you want to file criminal charges | Reach out to the police and make a police report |
| What to do if you want to file a restraining order | File a restraining order, which is a civil procedure |
| What to do if you want to file a complaint about discrimination under the ADA | File a complaint with the Department of Justice within 180 days of the alleged discriminatory act |
| What to do if you want to file a complaint about discrimination based on race, color, national origin, religion, sex, or age | File a complaint with the U.S. Department of Justice Civil Rights Division |
| What to do if you want to file a complaint about discrimination on the basis of disability | File a complaint with the U.S. Department of Justice Civil Rights Division Disability Rights Section |
| What to do if you want to file a complaint about discrimination by a law enforcement agency receiving Department of Justice assistance | File a complaint with the U.S. Department of Justice Civil Rights Division Coordination and Review Section |
| What to do if you want to file a lawsuit | Seek financial compensation for medical expenses, pain and suffering, and loss of income |
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What You'll Learn
Recognise your rights and legal options
If you are facing harassment by law enforcement, it is important to know your rights and legal options. "Police harassment" refers to the improper conduct and abuse of power by law enforcement, and it can take many forms, including unwarranted surveillance, racial profiling, false arrest, and excessive use of force. If you believe you are a victim of police harassment, you have the right to file a complaint and seek redress.
In the United States, federal laws prohibit discrimination by law enforcement agencies on the basis of race, colour, national origin, religion, sex, disability status, and age. If you believe that a law enforcement agency receiving Department of Justice assistance is discriminating against you based on these protected characteristics, you can file a complaint with the U.S. Department of Justice Civil Rights Division or the Office of Justice Programs Office for Civil Rights. Additionally, the Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in all State and local government programs, services, and activities. Complaints under the ADA should be filed with the Department of Justice within 180 days of the alleged act.
If you are facing harassment by a federal law enforcement agency, you can file a formal written complaint with the institution. If you believe your health or welfare is immediately threatened, you can file an urgent complaint with the regional office. You can also contact the Civil Rights Division of the Department of Justice, which can help you get in touch with the appropriate authorities to address your specific concerns. Local legal aid offices or lawyers in your area may be able to provide quicker assistance, so consider reaching out to them as well.
In some cases, you may have the option to file a lawsuit or seek a restraining order against the harassing party. If the harassment rises to the level of criminal behaviour, you can file a police report, and the prosecutor will decide whether to press charges. In a lawsuit, you may be able to seek financial compensation for medical expenses, pain and suffering, and loss of income. It is important to consult with an attorney to understand your specific legal options and to ensure that you are taking the necessary steps to protect your rights.
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Gather evidence of the harassment
If you have been a victim of police harassment, it is important to gather evidence to support your claims. Police harassment refers to the abuse of power and improper conduct by law enforcement, which can include unwarranted surveillance, racial profiling, false arrest, and excessive use of force. Here are some detailed steps to help you gather evidence of the harassment:
Firstly, identify and collect all relevant documentation. This includes any digital communication you may have had with the law enforcement officer(s) or agency involved in the alleged harassment. Emails, social media messages, voicemails, and text messages can all be used as evidence. It is important to ensure that this evidence is collected legally and in accordance with your jurisdiction's laws to ensure admissibility in court.
Secondly, obtain witness testimonies. Witness accounts are often considered highly reliable and impactful evidence. Look for individuals who may have witnessed the harassment or who can attest to your experience. Their statements can provide valuable context and describe how the incident(s) made them feel.
Thirdly, consider audio or video recordings. If you have recorded conversations, phone calls, or in-person interactions with law enforcement that demonstrate harassment, these can be powerful evidence. Similarly, photographs can also be used to support your claims, especially if they capture any physical injuries or property damage caused by the harassment.
Additionally, seek medical reports if applicable. If the harassment has caused you physical injuries or mental health issues, medical documentation can be crucial evidence. These reports can demonstrate the extent and impact of the harassment on your well-being.
Finally, keep a record of all interactions and communications with law enforcement moving forward. If you have filed a complaint or initiated any legal proceedings, ensure you have copies of all relevant documents. This includes any correspondence with the law enforcement agency, their internal affairs division, or a civilian oversight board. Creating a paper trail can be essential for establishing a timeline of events and demonstrating the persistence of the harassment.
It is important to note that you may also seek legal guidance from attorneys or civil rights organizations specializing in police misconduct and brutality. They can provide personalized advice and ensure that your rights are protected throughout the process.
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Draft a complaint
If you are experiencing harassment from law enforcement, you are not alone, and there are laws in all states designed to protect you from such treatment. If the officer's actions put you in fear for your life or safety, the police can investigate and potentially press criminal charges. Even if the officer's actions are not criminal, you can still get a restraining order to keep them away from you.
If you want to pursue criminal charges, you would need to reach out to the police and make a police report, and it would then be up to the police and the district attorney to decide whether to charge the officer. You can try to file for a restraining order, which is a civil procedure, and if someone violates this order, that would be a criminal charge.
You can file a complaint against a police officer with relative ease. Complaint forms are readily available at oversight agencies, local police stations, or online. You can submit a complaint form or make a verbal complaint against an officer. Citizens can also call the agency and request that a form be mailed to them, or submit a complaint via fax, hand delivery, or email.
If your complaint involves a federal law enforcement agency that reports to the Department of Justice (DOJ), such as the Federal Bureau of Investigation (FBI), the Office of the Inspector General will investigate. If the internal affairs division believes the officer might have broken the law, your complaint will be referred to the local prosecutor. Your attorney can help you decide which process is best.
When drafting a complaint, list your allegations and damages. Work with your attorney to compile a list of allegations against the officer in question. These allegations will go into your complaint, which will give the court and the officer a summary of what you intend to prove in court. While complaints follow the same basic format, the substance of the complaint will vary depending on the facts of the case.
It is important to note that most internal department regulations, state laws, and federal laws forbid retaliation against private citizens who file police complaints.
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File a police report
If you are facing an emergency, are in immediate danger, or an incident of harassment is in progress, call 911. Provide your exact location and describe what is happening. The operator will ensure you are in a safe location and may stay on the line until help arrives.
If the incident has ended, you can report the harassment at your local police or sheriff's department. Take any evidence you have of the harassment, including letters, gifts, photos, or other items, as well as any witnesses to the incident. Ask for a copy of the written police report. If you cannot get to the precinct in person, you can call the non-emergency number and submit a report that way.
If you are filing criminal charges, you would typically do so where the incident occurred. If it took place in your home, you would file where you reside. If you want to pursue criminal charges, you would need to make a police report, and it would be up to the police and the district attorney to decide whether to charge the person.
You can also try to file for a restraining order, which is a civil procedure. Through this process, it can be determined if a final order of protection is warranted, and if someone violates the order, that would be a criminal charge.
It is important to note that laws in some states require you to prove at least three instances of behavior or an overall pattern of conduct before the person's behavior is considered harassment.
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Contact the Civil Rights Division
If you believe that your civil rights have been violated by law enforcement, you can contact the Civil Rights Division of the Department of Justice. The Civil Rights Division enforces federal laws that protect you from discrimination based on race, colour, national origin, disability status, sex, religion, familial status, or loss of other constitutional rights.
The Civil Rights Division can help you if you have been mistreated by law enforcement, including while incarcerated, or if you believe you have been a victim of a hate crime or human trafficking. They can also help you get to the right place if you are unsure of where to go.
To file a complaint, you can submit a report using the Civil Rights Division's online form. You can also call 911 or the local police if you or someone else is in immediate danger. If you are reporting misconduct by law enforcement, you can contact the FBI or the United States Attorney's Office (USAO) in your district.
It is important to note that the Civil Rights Division may take several weeks to respond to your issue due to the high volume of reports they receive. If you require a quicker response, you may want to contact local legal aid offices or lawyers in your area.
Before filing a complaint with the Civil Rights Division, it is recommended that you gather evidence of the harassment. This can include keeping letters, gifts, photos, or other items related to the incident. You should also consider the impact the harassment has had on your life, such as any activities you have stopped participating in due to the harasser's presence. This information will be useful when drafting a complaint listing your allegations and damages, which you will work on with your attorney.
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