Q: When following a police report against police officers they complaint is it legal not to pursue it
Can a superior officer disregard a complaint when you file against their officers thus due process violation of my civil rights can they legally throw that complaint away or not investigate it that's what they did I think
A: Your inquiry is vague as to whether you are seeking money damages or discipline (or termination) of the offending police officer, or both. "Complaining to the police dept." (or to a superior officer) may be viewed as an internal affairs complaint for the purpose of the dept. determining if the officer should be disciplined or fired (NOT with any potential monetary relief to you), and a police department's (or superior officer's) decision not to investigate the complaint is not, in itself, a violation of any of your civil rights. Also, simply complaining to a superior officer might not be viewed as an internal affairs complaint at all, as the dept. likely had a separate process for such a complaint. (You'd need to ask how you file an internal affairs complaint.) If, on the other hand, what you desire is an award of money damages due to wrongful police acts, you have to follow particular legal procedures that include a notice of claim to the appropriate legal entity (which is likely NOT the police dept., and definitely NOT a superior officer). Consult an attorney in your area who handles police misconduct cases.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
