A Step by Step Guide to Filling a Police Misconduct Claim

We’ve all heard stories of police officers crossing the line and violating people’s rights to fair and respectful treatment. Some of these incidents are downright terrifying, resulting in death or permanent disability for the unfortunate victim.

Police brutality and other acts of misconduct by law enforcement are just news stories for most of us – that is, until you are the individual targeted for mistreatment. As a victim of police misconduct, please know that you are not alone. You also have legal options, like filing a lawsuit.

We understand if you are intimated by the idea of complaining about abuse of power by the police. However, those who have sworn to serve and protect cannot evade accountability when someone is violated physically and mentally. You have the right to report violence and other misconduct by a police officer and ensure that your story is heard loud and clear.

The problem is, most people have no experience with filing a police misconduct claim. Where you do you begin? What are the steps that are necessary to sue a police department for negligent or malicious conduct by one of their officers? This guide will walk you through the steps of filing a police misconduct complaint and seeking the damages you are entitled to. For a more detailed explanation of your rights and legal options, contact the police misconduct lawyers of DTLA Law Group.

1) Make Sure What Happened to You is Police Misconduct.

We’ve all had run-ins with police officers who were rude or dismissive, but these encounters may not constitute misconduct by a member of law enforcement. But there are clearly enough incidents that we come across on the news and social media. So, what actually counts as police misconduct?

Police misconduct includes various types of wrongdoing, like the use of excessive force (unnecessary chokeholds, pepper spraying, using a Taser, shooting someone, etc.). Police misconduct can also refer to illegal searches, racial profiling, false arrest and imprisonment, threats / intimidation, sexual harassment, and failure to call for medical help when someone is in distress.

It’s important to note that some incidents of illegal treatment by the police are not as obvious as others. That’s why you should trust your instincts and talk to a civil rights attorney that specializes in police misconduct.

2) Locate and Gather Evidence.

“How do I prove that I was victimized by a police officer? How much evidence do I need?”

There is no standard for how much proof is needed to prove a case of misconduct by the police. What matters the most is the quality of evidence rather than quantity. So, let’s take a look at the types of evidence that can help you in a lawsuit against the police:

• Photos or video footage of your incident
• Contact information for witnesses
• Medical records that detail your injuries
• A written account of what you experienced (do this as soon as possible while the incident is still fresh in your mind)

Don’t worry if you don’t have access to something that’s on this list. Sometimes, it’s the little things that count, like remembering the officer’s badge number or certain quirks in their speech of behavior. You may think it’s a trivial detail, but write it down, as it can lead to something bigger.

It’s essential to organize the evidence and ensure that all your ducks are in a row before you file a complaint. Guidance from a police misconduct attorney is highly recommended, as it will save time and help to avoid unnecessary headaches as you navigate the legal system.

3) Figure Out Where to File the Complaint.

Once you have everything prepared for a complaint, where do you go? What is the agency or department that handles police misconduct complaints? Complaints against the police in California can be filed with:

• The Internal Affairs Division (each department will have its own IAD)
• A local civilian oversight agency (not available in every city)
• The California Department of Justice for serious cases of misconduct, like excessive violence

Many departments require you to come down in person or mail in a form that you print off the city / police department website. However, some agencies like the LAPD and SFPD allow you to file a complaint online.

4) Draft and Submit Your Complaint.

Telling your story clearly and accurately is the key to succeeding in a police misconduct case. Here are some tips to keep in mind as you write out your complaint:

State the important facts, such who, where, when, and what

If you can, include names of the police officers and their units

Detail your physical injuries and/or emotional distress

You are rightfully angry, but make sure to keep the complaint professional, free of personal judgements, and abusive wording.

Your complaint shouldn’t be full of grammar and spelling errors, but it doesn’t need to look like it came from an attorney’s office. Take a look at the following example to get a sense of what a police misconduct complaint should look like:

“On the night of June 23, 2025, at approximately 10:20 PM, I was pulled over by Officer Campbell on 1-10 near Los Angeles. The officer pulled me out of my car and threw me to the ground.”

Police departments generally have a complaint form that’s available on their website, along with instructions on how to submit the paperwork, which may be:

• In person
• Online
• Through the mail

**Make sure to keep a copy of the completed complaint and any attached documentation. 5) Follow Up after You File the Claim.

You can’t have a “Submit it and forget it” attitude with police misconduct complaints. Government agencies are notoriously slow and prone to letting things slip through the cracks. That’s why you have to stay on top of things and follow up on what is happening with your claim.

You should be given a case number when you submit the complaint, which you will need in order to check up on your claim. Most PDs in California have a policy that requires them to respond to all misconduct complaints within 60 days of submission. But it’s very common for people to wait longer, as the back log for complaints can be 6 months or longer. If you’ve waited 2 months and nothing has happened, contact the police department by phone or email, or check for updates online.

6) If Necessary, Consider Legal Action.

Filing a complaint is the normal procedure when police officers cross the line. But is that enough if you are seriously injured or left with severe psychological trauma? In these instances, your best bet is to contact a California police misconduct attorney. You have the right to pursue litigation under the Tom Bane Act and the 42 U.S. Code § 1983 – Civil action for deprivation of rights.

However, all lawsuits are subject to a statute of limitations, meaning you must take legal action by a specific deadline. To sue a government employee or public entity, like a police department, you must file a liability claim within 6 months of the incident. If your claim is denied by the responsible entity, you typically have 6 months to file a lawsuit with the appropriate civil court system.

By talking to a lawyer that’s experienced in police misconduct lawsuits, you can learn about your legal options and initiate a claim before it’s too late. As you focus on healing physically and emotionally, your lawyer will handle all communications and information requests from the defendant and fight for the monetary damages you need and deserve.