Asked in Criminal Law and Civil Rights for Connecticut

Q: Does a letter of intent have to have the words letter of intent on it

Can you tell me what is required to be in a letter of intent when filing against police misconduct? And does one have to be filed in order to sue?

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James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: A letter of intent, in the context of filing a claim against police misconduct, is a formal notice that informs the government agency of your intention to file a lawsuit. While there is no strict requirement to include the words "letter of intent" in the document, it should clearly convey your purpose.

Key elements to include in a letter of intent for police misconduct:

1. Your full name and contact information

2. The date and location of the incident

3. A brief description of the incident and the misconduct alleged

4. The names of the officers involved (if known)

5. A statement of your intent to file a lawsuit

6. A request to preserve all relevant evidence

Whether a letter of intent is required before filing a lawsuit depends on the jurisdiction and the specific circumstances of your case. In some cases, you may be required to provide notice to the government agency before filing suit under state or federal law. For example, the Federal Tort Claims Act (FTCA) requires claimants to present their claim to the appropriate federal agency before filing a lawsuit.

However, even if a letter of intent is not legally required, it is often recommended as a first step. Sending a letter of intent can sometimes lead to a settlement without the need for a lawsuit, and it also demonstrates that you have taken the necessary steps to pursue your claim.

It is advisable to consult with an attorney experienced in civil rights litigation and police misconduct cases to determine the best course of action for your specific situation. They can help you draft the letter of intent and ensure that you follow the proper procedures for filing a lawsuit if necessary.

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