There is no shortage of advice out there about what you should do when you are forced to interact with the police. Just do a search and you’ll find a multitude of sites devoted to explaining what your rights are when dealing with law enforcement and how you should go about asserting those rights…
But, strangely enough, there is an absolute lack of advice available out there about what you should do once a police officer violates those rights… and there will be no shortage of questions you’ll have once it happens to you. I know this because there is no shortage of people who write me asking those questions when they become victims of police misconduct.
So, I’ve compiled a general guide for victims of police misconduct that gives some general guidelines that, hopefully, answer a lot of those questions you’ll have once you become a victim of police misconduct… and I do hope that you’ll never have to follow this advice.
First, I must make it clear that I am not a lawyer, please keep this in mind. The following advice is based on my experiences as a victim of police misconduct, an advocate for other victims, and a researcher studying the issues of police misconduct. Therefore, the following tips should not be considered as legal advice and are merely general recommendations that may or may not apply equally in all states or localities.
So, before I even start, let me give one piece of advice, talk to an attorney in your area that has experience with civil rights and police misconduct litigation before doing anything and remember that there is a difference between what you should do as a victim of police misconduct vs what you should do as a victim of mistreatment in jail or prison (see comments below).
With that out of the way… Let’s get started.
Step 1 – Remember Your Most Important Right
Generally, once your rights have been violated by a police officer, whether it was an issue of excessive use of force, a false arrest, or any other of the multitudes of types of misconduct out there, you’ll more likely than not be arrested, even if only as a means to cover for the original rights violation. So, first things first, the right to be silent is your best friend.
Do not start mouthing off that you are going to sue, don’t say anything except that you need medical attention if you were injured during the incident. Once you make the claim that you believe your rights were violated, the officer(s) in question will begin to operate in cover-up mode and start to build their defense immediately.
So, the best thing you can do is wait and answer only the questions that you absolutely have to answer, like your name. If you’re lucky, the police won’t go into CYA mode right off the bat, which increases your chances that they’ll not be as diligent about covering themselves in their report or lawyer-up with help from their union right off the bat.
But, while you’re doing that you also need to start with step 2 right away.
Step 2 – Document EVERYTHING
One of the most common problems in cases of police misconduct come about when the narrative is cloudy or when victims cannot describe clearly or remember the details of what happened to them. So, while you are enforcing your right to remain silent, also begin to make all the mental notes that you possibly can and, as soon as you have a chance, start writing all of it down.
Becoming a victim of police misconduct is a very overwhelming experience and shock will set in at some point or another, in one form or another. One of the most common symptoms of this sense of shock and/or post traumatic stress is disorganized thoughts and memory problems, this will be especially pronounced if the incident involved physical violence.
So, the sooner you start documenting everything the better. Even if it’s all a jumble at first, at least if you have everything noted down you can organize it later with help… but you can’t organize what you don’t remember. So, document everything ASAP before you forget something important.
Some important details to document:
- A precise time line of events along with your best guess at when each event occurred.
- Where each event happened within the time line.
- Who witnessed each event, if you don’t know names then write down descriptions with as much detail as possible.
- Who did what, when did they do it, in front of whom, and what was said.
Documentation is important not only for the victim, but for any witnesses of police misconduct as well. If you see police misconduct, immediately write down exactly what happened as soon as you can, before you call anyone.
Step 3 – Take Care of You Before You Take On The System
Before you even start thinking about a civil lawsuit or filing a complaint, deal with the important stuff first. If you were arrested, get a criminal defense lawyer and start focusing on dealing with the criminal charges. If you were hurt, get medical attention as soon as you possibly can. If you are denied medical care in custody then the very first place you should visit after your release should be a doctor or hospital.
Not only is it important for your own well-being to get that important stuff taken care of, it’s also important for any shot you might have at filing a lawsuit later. Again, continue to document everything, like how much that lawyer cost, how much that time off you had to take cost, how much the calls from the jail cost, medical bills, etc…
Now, I’m not saying you shouldn’t start looking for a civil rights lawyer while your criminal case is pending, but make sure you’ve got your defense in place first because a civil lawsuit won’t do you much good while you’re sitting in prison or dead because you didn’t get medical care.
Step 4 – Organize Your Thoughts and Build Your Case
So, you’ve been documenting everything, you took care of your medical and criminal defense needs, and you’ve had a chance to clear your head a little bit… Now it’s time to start organizing your notes and your thoughts before you do anything else…
Why? Again, as a person who has received a lot of letters from police misconduct victims seeking help, 9 out of 10 times they are writing while still in a state of shock and what they write barely makes sense, is missing a lot of necessary information, and is not going to help them find a lawyer who will want to take their case. Usually, it’s all a confusing jumble, but that’s mostly a symptom of the trauma and shock caused by the incident, so it’s understandable, but it can cripple their chances at finding help.
So, it’s important to take time to organize your thoughts, especially when you’re a victim of police misconduct. Take time to write a more refined summary of the important items and details that you documented so far, and then use that to craft the letter that you can later use to make your case to a lawyer because, believe it or not, odds are you’ll have to work hard to sell your case. Especially if you’ve already gone broke defending yourself against criminal charges and paying medical bills for what happened and need to find a lawyer who will take your case without payment up front.
If possible, don’t do this alone. Get the help of family or friends who believe what happened to you and can be trusted to help without talking about it. Have them read what you wrote or talk to them about what happened until you feel comfortable with how you describe it and they can tell you that it’ll make sense to someone who wasn’t there.
By the time you’re done you need to have two things:
- A detailed and organized set of notes that describe what happened in a clear chronological order. This should also include a list of any potential witnesses along with any contact information you can find.
- A brief summary of the important details that is no more than two short paragraphs which will serve as your introductory pitch to lawyers you contact. This will include the basics of what happened, who it happened to, when it happened, where it happened, and what the status of any criminal charges are at this time.
Why a short pitch? Because nothing puts off a prospective lawyer more than a long run-on paragraph that is so jumbled that they can’t make sense of it. Anything that takes a lawyer more than a couple minutes to read or listen to during your first contact will more than likely be ignored out of hand.
The detailed chronological notes are only for after a lawyer takes your case or if you’re asked for more details.
Once that’s done, then you’re ready for the next step…
Step 5 – Find A Lawyer, But It’s Harder Than You Think
So, you believe your civil rights have been violated… now you want justice and so you’ve started to look for a lawyer to consider your case in that pursuit. Odds are you’re going to soon find that it is much more difficult than you were led to believe.
Sure, you were probably told that the ACLU takes any case they hear about or that lawyers would be crawling out of the woodwork to take your case… Well, you were misled. The ACLU only takes a fraction of cases, usually based on whether the case will make precedent or make a lot of headlines, they are very selective about what they take and not helpful otherwise.
Lawyers don’t like to take on police misconduct cases either. They are difficult to win and take a lot of time to build… and most police misconduct victims don’t have the money to pay them up front. So, when lawyers aren’t being paid upfront lawyers have to gauge the risks involved in taking your case against how likely it is they would win and if what they would stand to win would pay for all that time and expense they’d spend on your case. Don’t feel bad if they turn you down, it’s all business since they have to make a living too.
So, you must be prepared to sell your case and be ready for a lot of rejection in the process. This is why I recommend that victims contact as many lawyers as possible about their case and have their brief pitch ready. Each time you talk to a lawyer, write down what they ask and use that to prepare for the next call from another lawyer so you have answers ready.
Even if one says yes, make sure you feel comfortable with that lawyer before signing anything and keep trying if you don’t. Sure, it’s not fair that you have to do all this work after being victimized already, but if you want justice, it’s what you have to do. Don’t be discouraged and don’t get mad, just keep using each attempt to make your case stronger, don’t give up… but also make sure you know what your statute of limitations are in your state, don’t waste time.
Step 6 – Be Patient
If you do get a lawyer, be prepared to wait and understand that the process you’re about to go through is very slow and somewhat torturous. Most cases take years, not months, and some can drag on for over 5 years after appeals.
So don’t expect the government to call as soon as you file and offer a settlement out of fear… they usually don’t and lately there’s been a big push in a lot of cities to fight every single case… and the government doesn’t have any problem victimizing you a second time by dragging you through the mud in the press and in the court. Be ready for it.
Follow your lawyer’s advice, don’t talk to anyone without talking to your lawyer first, and keep documenting everything that is related to your case if any new bills come up or you get a call from the police.
…also, you might have noticed that at no point did I recommend that you file a complaint with the police. Well, like I said, don’t do anything without talking to your lawyer first, that includes filing a complaint with the police department about your mistreatment.
Why?
Additional Advice and Important Notes
1. Police Complaints
I usually recommend against filing a complaint with a police department over police misconduct unless the case is minor, would not result in a civil suit, or doesn’t involve you as a victim. Why? While some departments do honestly make an effort to investigate complaints to determine if misconduct occurred, some also use the investigation as a method to prepare their defense against police misconduct lawsuits.
When police departments use investigations as a cover for building a defense against legal action it gives them a head start in the civil case you might be planning and, sometimes, it even lets them start intimidating witnesses or manipulating facts involving the case to favor their case. You have to assume the worst and act accordingly. After all, one officer just violated your rights, why wouldn’t the others do it while presumably investigating your case?
This is why it is best to rely on your attorney to tell you whether or not to file a complaint. They will have a better idea on the reputation of the department’s internal affairs department and have experience with how the city defends itself from civil suits. Again, don’t do anything without asking your attorney first.
Of course, if you end up failing in getting an attorney, there is little harm in filing a complaint… but also be mindful of the deadlines your police department may have for filing complaints. If you file late they might still investigate it but even if they do find fault with the officer they can’t do anything to discipline the officer if it’s past their deadline.
2. Going Public
Again, always talk to your attorney before doing anything. This includes going public and talking to anyone about your case… Including someone like me.
The only time I recommend that someone go public is when they’ve run out of options and have tried every lawyer they could find with no results. Then it doesn’t hurt to go public and, who knows, a lawyer out there that you missed might take up your case once they read about it in a public forum. But again, this is a last resort, don’t do it until all other options have run out or your lawyer gives the ok.
Why? Because going public takes some incentive away from the government settling the suit instead of taking it to court and dragging it out. After all, what have they got to gain by keeping you quiet with a settlement if you’ve already told your story. So, keep quiet until you can’t keep quiet anymore.
3. Rebuilding Your Reputation
Many victims of police misconduct had clean records before their fateful encounter with the police. These victims face the additional injustice of the harms done to their reputation via a criminal record. Even if the charges filed against you are dropped, you will now have an arrest on your record and this can affect your ability to find work or even get housing.
It may not seem fair, after all, you weren’t found guilty so why should people treat you like you were? Unfortunately, that’s just the way people are biased in the US, so you have to be ready for it and why, again, it’s important to get the help of a lawyer with experience in expungements, especially if the charges were dropped against you.
Why? Well, even if you did understand enough about the law to get your official record cleared, once your name is in the database your name also goes into private databases all over that are used by background investigation companies and they don’t always erase your name once the official record is cleared. So, you’ll need a lawyer on hand in case your record follows you even after you clear it.
4. Police Harassment
So, what do you do if you did file a complaint and the investigator starts calling to tell you to drop it? What about if the officer who harmed you comes to visit your workplace or stops you on the street?
Again, document everything, and this includes keeping a video camera or something you can use to record anything that happens in case you are harassed or pressured. Make sure friends or family are with you as much as possible so they can be witnesses if any harassment occurs. Just be prepared before something happens instead of after it happens.
While many departments have policies prohibiting interaction with complainants, that doesn’t stop investigators from applying pressure or doesn’t help if your department doesn’t have such a policy. So best be prepared just in case… it’s not paranoia, it’s just being better safe than sorry.
Final Thoughts
Hopefully some of this information will help you if you become yet another victim of police misconduct. Understand that you’re not alone, that it happens a lot more often than you ever thought, and that there are going to be a lot of people who will judge you because of it. The best way to deal with this isn’t to get angry, but to get prepared and do your best to focus on making something positive happen from it.
There are no support groups out there for victims of police misconduct, little research has been done on the unique psychological effects of it even though being a victim of police misconduct is a unique kind of trauma that erodes one’s own sense of security in ways unlike other kinds of crimes. So mostly you’re going to be on your own and ,from my own experience, I can tell you that this is why it’s vitally important that you surround yourself with friends and family that believe you and believe in you. Don’t isolate yourself just because others isolate you.
People are going to victimize you afterward, some people might even be hostile to you just because you became a victim of police misconduct. Be prepared for it emotionally, don’t be surprised when people you thought were friends suddenly doubt you. As I said, it’s important to not waste time with them, stick with people who believe in you and don’t waste time with the others. Save your arguments for the court of law, not the court of public opinion.
It’s going to be a long road to get back to where you were before this happened. But never give up hope that it’ll get better, and keep fighting to find justice for yourself and for other victims too.
…that’s what I’m trying to do by putting this advice out there. While I hope that you never have need for my advice… it’s there for you in case you do.
Excellent article, tons of good advice, and an important point about filing complaints. A common misnomer is that if one complains about a bad cop something will be done. The truth is you’d have better luck calling your local McDonalds and telling them about your experience. At least THEY might offer you some free food…
While in theory I think we’d all agree that filing a complaint is important, as it provides a record of misconduct for the next victim of that very same cop. (And you can bet there WILL be more….) However in practice speaking out often makes one a target. Never forget, cops will protect their own above all else—hence the many points here about the need to be especially careful. Because more often the not if an officer is threatening someone, even with hard evidence, the cops will do NOTHING. Well, I take that back. I’ve read about cases where they twisted things around and went after the accuser with false allegations.
So again: be especially careful when dealing with those with no morals, vindictive brains, a strong penchant for violence, and the blessing of the state. It’s one bad combination.
“An Officer Involved Domestic Violence [OIDV] advocate’s life has been threatened for posting news excerpts”
if no police respond to it as if we are in danger, then I am left to my own devices to try to stay alive and protect my kids. Letting the threat into the open air was my only option besides
waiting for him to arrive.
Who was notified?
Palm Beach Sheriff’s Office in Florida, the United States Attorney’s Office, Tacoma Police Department in Washington State, The City of Tacoma Prosecutor’s Office (Anne Crowley), The Internet Crime Complaint Center, the Federal Bureau of Investigation, the National White Collar Crime Center, and the Bureau of Justice Assistance.
Who asked us if we were okay, agreed to file charges, or discussed a safety plan with us?
No one. The cure itself could kill me. The result so far is a piece of paper – a letter of reprimand.
http://mioidvresponsetopeskowitzemailthreat.blogspot.com/
Yet another example, from your own feed, about how cops have no fear of trying to sweep bad behavior under the rug. I’m certain if this sicko cop thought he could get away with it he’d have threatened the kids or had them falsely arrested–anything to prevent the truth from coming out. Note that it took FEDERAL intervention to get rid of the guy! Makes you wonder what percentage of the entire department is corrupt, doesn’t it? They just can’t stand it when they get caught; the ‘above the law’ mentality that’s drilled into them makes them instinctively try to weasel their way out of things.
A 20-year veteran of the Newark police force was arrested early Wednesday by the FBI for allegedly trying to cover up his involvement in sex acts with under-age boys and plying them with cocaine and marijuana.
FBI agents arrested 42-year-old Michael J. Lalley, a sergeant, without incident at his home on a federal charge of obstruction of justice for allegedly coaching one of the victims to lie to federal investigators.
According to a criminal complaint, the FBI was investigating allegations of police corruption, narcotics activity and sex offenses involving Lalley AND OTHERS (!)
The FBI received reports, beginning last spring, that Lalley engaged in sexually explicit acts with several minors and had the minors engage in sexual acts with each other, with him and with third parties, and that he provided drugs to the minors, the complaint alleges. The sex acts allegedly occurred at his Ocean County home and at the Newark POLICE STATION where he was assigned.
Lalley also allegedly paid one victim between $25 and $60 for sex once or twice a week…
http://www.northjersey.com/news/crime_courts/021710_Newark_police_officer_accused_of_trying_to_cover_up_involvement_with_underage_boys.html
This what I was originally looking for before I went off on a tangent. Sorry for the long posts, but I want all new readers to understand the mentality behind some of your advice. Because you know what you’re dealing with and they may not. This must-read article is about cops harassing people who came in saying they wanted to file a complaint.
officer: “You want to play hardball? We’ll play hardball. I want ID.
tester: For what?
officer: I’m asking you for ID right now, that’s why. Here, hand it to me. Hand it to me.”
officer: I said, hand me your ID. What are you doing here? This is –
tester: I came to ask you how to file a complaint.
officer: This is very suspicious.
tester: Asking how to file a complaint is suspicious?
officer: Why don’t you shut up?
It gets worse, of course:
http://www.discourse.net/archives/2006/02/florida_cops_intimidate_wouldbe_complainants.html
That DV advocate was far from alone in her experience of being threatened by police. They even have the nerve to pull this on a news reporter! If they’ll do it to someone like that, what do you think they’ll do to someone with zero connections??
Our most recent incident involving Hollywood police department involved former Hollywood officer, now police union boss, “Big Daddy” Dick Brickman. After we conducted an investigation with CBS4 Miami news called “Police Station Intimidation” Brickman became irate over the news story. In what we view as an effort to intimidate the CBS reporter, Brickman solicited police officers to take note of the reporter’s home address and personal information, which he had posted on the police union website as a BOLO (Be On The Look Out). The posting could be interpreted as encouraging police officers to go after the reporter. Shameful as they are, such tactics are not foreign…
When we contacted Brickman to ask about his current activities and to request that he remove the Bolo, he refused to take the information down from the PBA website until he was threatened with legal action by CBS attorneys. We called Brickman at his home. This is what he told us, “You Scumbags”.
Hollywood FL, police have a long and frightful history of rogue conduct by officers resistant to the authority of their own police administration. We wanted to know why….it seems that part of the problem in Hollywood stems from an overactive, confrontational police union. There is also evidence that the police administration routinely fails to discipline serious offences when they occur, creating an “above the law” attitude…
http://policecomplaintcenter.blogspot.com/
Hello,
I have read that the Supreme Court has ruled that a person may resist an unlawful arrest. Of course, resisting may not be very wise in the vast majority of cases. However, we all have the right to defend ourselves against unlawful assualt. But finding a good attorney and a sympathetic jury to defend your rights is difficult. Most jurors will be biased towards the authority figure. But the main thing is to Keep Silent! The best advice when interacting with any governmental agent.
Andrew,
Well, as far as resisting an unlawful arrest, it actually varies by state. For example, the Wisconsin Supreme Court recently ruled that citizens there have no right to physically resist an unlawful arrest so long as the officer performing the arrest is on duty within that officer’s jurisdiction. So, in that state, it seems as though you don’t have that right… or, at least if you are charged for trying to defend yourself you can be charged for it. So, I’d recommend that people read up on the laws in their state to find out for certain.
The right to remain silent is vital, not only for your criminal defense, but also for any civil litigation that might occur afterward. When a police officer tells you that anything you say can and will be held against you in a court of law, he’s not just talking about criminal court. Cops know this, the first thing they do when they suspect that they might be facing disciplinary action, they “lawyer-up” and shut up… people need to take a lesson from that, if that’s how cops interact with cops when they are in trouble, then that’s a pretty good sign that you should do the same thing.
Hey Packratt,
Print this up in pocket sized pampletts (laminated) and it will sale like crazy. Put me down for two. I love it and I recommend that everyone have one in their wallet and give copies to the kids. Thanks.
Thank you so much for blazing the trails for us who somehow found ourselves in the same predicament that you went through. I know it was not your choice, but if something good can come out of all this tragedy, it is your website. Many, many people thank you.
Hey Eric, I learned about your ordeal via I.E. and hope your holding up just fine. Have you linked to this “Police Misconduct Guide for Dummies” yet? Thanks.
Hey NBC, thanks for sharring this info. with us. I’ve been in a similar pissing match while in the process of filing a complaint. Next time I’ll make sure to record and video any interaction with police. C-ya
[...] ABUSE OF AUTHORITY: A police misconduct victim's guide Useful information for anyone who's ever been a victim of police conduct. [...]
I just need a little advice.
In the summer my 2 kids, ages 10 and 11 and there friend age 11, went to a friends house to go swimming. The people there had to leave and told my kids they would be back in an hour. My kids were a few miles from home but they saw some other friends they knew and there was a house with play guns all over the yard, I guess they were like air guns. My kids were playing with them and they left.
Well one of the neighbors called the police a few hours later the police called my mother because that’s where my kids were and told her that my kids stole guns from the borough building. My mother went to the other kid’s house because that’s where they were and when she got there the police came right into the house screaming at all three kids to give him the guns.
The one kid’s father said the kids don’t have anything and told him that this was bullshit. After that the cop pulled out his gun and told the father to go into the dining room because he was going to plant him, so the wife jumped in between and the cop grabbed her by her arm and dislocated her shoulder.
After all the screaming and yelling was over and no guns were found the police left. My mother was sitting there watching all of this and was scared to death because she had never seen a cop act like this. Later on that evening the police officer called my mother and said he wanted to apologize for acting like that and he told her that they found the toy guns in the bushes by the house where they were taken from.
3 weeks later I got a paper in the mail that my kids were being taken to court for felony charges. They got charged with 5 different things including burglery, receiving stolen property, and a few other things. We have gone to court and my kids have had to do 25 hours each of volunteer work and they have to do classes for victim awareness.
They are traumatized by all of this, especially since they are babies and are surrounded by gang bangers and true criminals. This cop has continued to harass and I just want to know if kids have any rights at all? We didnt even get to say if they were guilty or not! It just seems like whatever the police say goes.
His name is officer ford with the springdale police department in springdale pa if you could give me any advice I would appriciate it as i do not have money to hire a lawyer and please excuse my puncuation and spelling thank you very much for your time.
(ed – I’ve edited the comment to help with the punctuation and formatting so it’s easier to read.)
Stefanie,
While you may not have money to hire a lawyer to help with your case, I would still recommend that you try to contact as many lawyers as you can to see if any might see any merit in your case.
If anything, even if none want to take it up, it may be useful if you can even get an hour of time with one for an initial consultation to see if you can at least get an idea about your options and what you might want to do next.
Beyond that, if all else fails and you’ve run into a brick wall about this, let me know and we’ll see about publishing a story about what happened to see if that generates any interest. I say this because I don’t recommend going public unless either your lawyer suggests it or if you’ve run out of all other options.
Yeah, it’s not in my best interest to not publish reports like yours as soon as I get them since that would draw more readers… but this isn’t about my best interests, this is about yours.
All the best!
Dear PACKRATT,
I liked your “Police Misconduct Victim’s Guide.” The six important steps you mentioned provide very useful information. However, there is something I would like to bring to your attention regarding filing a complaint against the police because the information you have given sounds misleading and could ultimately hurt one’s case.
I just want the readers out there to know that if someone gets arrested and goes to jail and gets beat up by custodial officers in charge, THEY MUST first file an internal grievance according the Prison Litigation Reform Act of 1995 (also known as PLRA) prior to filing any civil claim in Federal Court. In most states you have only 3-6 months to do so; in some states, even less.
Under the PLRA, 42 U.S.C. Section 1997e(a) states that: “No action shall be brought with respect to prison conditions under Section 1983 of this title, or any other Federal law, by a prisoner confined in any jail, prison or other correctional facility until such administrative remedies as are available are exhausted.”
So there you have it–If you want to file a civil claim in Federal Court, YOU BETTER EXHAUST YOUR INTERNAL GRIEVANCES FIRST! It doesn’t sound fair, especially if the officer or prison guard threatens you, but that’s the law, according to the Prison Litigation Reform Act that was passed by Congress back in 1996.
Hopefully, we can reverse the negative impact this act has had on those who were wrongly treated during incarceration. Representative Bobby Scott from the state of Virginia introduced a bill to the House of Representatives back in November of 2007. It is known as the Prison Abuse Remedies Act which would amend various provisions under the PLRA, particularly what is known as the “physical injury requirement”…Please send a letter to your local representative and to Rep. Bobby Scott to let them know that it is imperative that we get this bill passed!
In the meantime, could you please do some more research on filing police complaints and perhaps rewrite it?
Thanks.
Michelle,
Thank you very much for the information and it’s definitely a distinction that people need to be aware of in that the process and guidance for dealing with police misconduct vs detainee abuse are very different.
While I still would not recommend that anyone file a complaint with a police department without first discussing it with an attorney, once you’re incarcerated the process becomes very different and, even as a pretrial detainee, you will have to file a grievance (sometimes called a kite) over any instance of abuse or mistreatment. (though, this does not apply to being mistreated by police in a holding cell).
Instead of rewriting the Police Misconduct Victim’s Guide, what I may have to do is write a separate Detainee/Prisoner Abuse Victim’s Guide to address the differences involved, the processes are different in other ways as well and, yes, I do get asked about what to do about mistreatment in jails by detainee family members quite a bit.
So, again, remember that there is a distinction between police misconduct and jail/prison misconduct.
Thanks!
…Thanks!
No, thank you, I always appreciate it when people help me improve the information provided on the site!
I found this site doing a google search for a support group for people who have been a victim of police misconduct. I had been seeing a conselor who, thanks to some of his previous patients who are in law enforcement, understood what I was describing. But it’s just not the same as talking with someone else who has had the same personal experience.
When I filed the first complaint, I was told not to do so by my friends, but I told them I would be fine, since I’m telling the truth. I have since learned that when it comes to cops choosing the honest person, vs one of their own, the truth does not matter.
As a result, my marriage is over, and everyone wants me to forget what happened and move on, since they say the police will not tell my family the truth anyway.
I have made it clear to everyone I spoke with that I don’t want to sue anyone, I’m just asking for the truth for my family, but since they don’t “have” to tell the truth, they won’t. I never thought it would be hard to get law enforcement to tell the truth, even after it had been acknowledged to me by a Lt and a detective that the officers had been lying. I was told to just get over it.
I understand you can’t do anything, but maybe someone else who has been in my same situation will see this and know they are not alone.
Kathy
Since ethics and honesty have always been whats important to me, I’m having a very hard time trying to just walk away. I’m pretty sure that if one of their family members had the same experience, they wouldn’t stop until the truth came out.
Kathy,
Thank you for sharing your story, and I’m glad that you were able to find counseling from someone that is understanding about the unique problems that victims of police misconduct face. I certainly understand your feelings of shock and frustration, I’ve been there too. I was much like you were, I really thought that the truth would come out about what happened to me as well. But it never did.
One of the things that frustrated me more though was that I couldn’t find the kind of help that you did, most people are still resistant to the idea that police misconduct happens, even counselors… and as I’m sure you’re finding out, there aren’t really any support groups out there for police misconduct victims I’m afraid. Victims of police misconduct not only have to deal with the trauma from the incident itself, but also being ostracized by most of society and having to deal with that without any of the support that victims of other crimes take for granted.
I think these reasons are why so many victims have such a hard time just letting go, it ruins the lives of it’s victims in so many ways. So it’s understandable that you would want to look for fellow victims since it’s such a battle just to be believed, let alone explain all the subtle ways that misconduct affects and devastates our lives once it happens to us.
Part of what I had hoped to do with this project was to establish a support group for police misconduct victims… but I just don’t have the resources to do that yet. Maybe someday, but for now, please feel free to contact me if you ever need an understanding ear to hear what you have to say, I know that’s something I always wish I had when I went through everything I did.
All the best, and thanks for sharing, I know it’s a hard thing to do.
A few years back the on again off again boyfriend of a female friend of mine called me to let me know she was in jail. It turned out that he had tied her up and beat the daylights out of her. He then called the police and claimed she had attacked him. It took me several hours to find out where she was. Instead of placing her in jail they decided she needed to go to the hospital. When I arrived at the hospital ER I found her handcuffed to the bed with an officer watching her. The handcuff had been placed directly into the rope burn around her wrist. I immediately called for the head nurse and demanded the cuff be removed. After a bit of a confrontation with the officer the cuff was removed and her wounds were bandaged. She was also suffering from a concussion, a ruptured spleen, two broken ribs, and multiple cuts and bruises. By the way, this women was about 5 feet tall and weighed about 95 pounds. When I was finally able to get her out of jail, I immediately took her home and photographed her injuries while see held up that days newspaper (so we could document the time). A few days later we discovered that not only was see being charged with DV but also for assaulting the officer that took her to hospital. This guy was over 6 feet tall and probably weighed 230. I went back down to the hospital and got the names of the nurses that had been on duty at the time. These two nurses had about 40 years of ER experience between them and they told me they had never seen an officer as out of control as this guy had been that night. When it finally came to my friends day in court, I took the public defender aside and told him that we didn’t think she would get a fair shake as the judge would take the officer’s word over hers. As the trail started the PD repeated this to the judge in open court. Well the judge went ballistic and assured my friend she would get a fair hearing. The PD thanked the judge for reassurance sat down turned and gave me a big smile. I knew the case was over right then and there. With the help of the testimony of the two nurses and the photographic evidence my friend was found not guilty on all counts. She declined my repeated requests to file charges against the boyfriend or the cop. The boyfriend was never to be heard from again thank God. But the cop, well that is another story. Just two months later he went home and left his cocked and loaded back up semiautomatic 22 laying where his 4 year old son picked it up and shot himself in the mouth. Luckily the boy survived. Nothing was done to the officer and as far as I know he is still on the force. I can only think that if she had filed a complaint or if the judge had recommended that he officer be investigated, the boy would never had have been put in danger. My girlfriend suffered so much remorse that she eventually left the State. Last I heard, she was living in a small village in Mexico. I guess the moral of this story is that one must weigh the consequences of not filing a complaint as well as those for filing one.
Charles, actually the point is still that it’s best to obtain the advice of an attorney with experience in dealing with the department in question before you decide whether or not it’s a good idea to file a complaint.
I’m definitely not say someone should or should not file a complaint, I’m sorry if that’s what you took away from it.