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EspañolOptions for police misconduct (explanation of qualified immunity)
You asked about options for when the police have harmed you. In general, it is often not possible to bring a civil lawsuit against police or prosecutors for their on-the-job conduct. Sometimes, government employees like police officers have something called “qualified immunity,” which says that they cannot be prosecuted or sued for wrongdoing that occurred while they did their job. WomensLaw does not have information about qualified immunity so I did some research and located one website with information on what qualified immunity is and its history, and another website with some information about qualified immunity and prosecutors. WomensLaw is not affiliated with these websites and has not verified the information on them, but we provide it for your information only. To discuss your specific situation, you may want to speak to a lawyer in your state. [HYPERLINK]
If a person has experienced police misconduct, they may be able to file a complaint or speak to a supervisor at the police department. The positions within the police hierarchy may be called different names depending on the state’s police force but often above a police officer is a sergeant, lieutenant, captain, and chief. (There may be more positions in between those or they may be called something different depending on where you are from). Keeping records of each person spoken to, the time and date, and what they say/do can be useful. Sometimes it can help to have a professional, like an attorney or a victim advocate who has regularly dealt with the local police, go with the victim or help the victim speak with the police to explain the situation.
There may also be two additional places to report police misconduct. Some cities may have a complaint office that is separate from the police department where a person can file a complaint that is investigated by that office. Even if a city does not have an external office, most police departments have an internal affairs division where a person can file a complaint about the conduct of a police officer.
