How to File a Complaint Against Police Misconduct: A Step-by-Step Guide

If you believe a police officer crossed the line—used excessive force, treated you unfairly, or even violated your rights—you’re not alone. And more importantly, you have options.

Filing a complaint can feel intimidating, especially when the system seems stacked against you. But it’s a critical first step toward accountability. In California, you have a right to report police misconduct. You don’t have to stay silent. You don’t have to “just let it go.”

If you’re unsure where to begin, a police misconduct attorney can help guide you through the process and make sure your complaint gets the attention it deserves. But whether you choose to work with an attorney or start the journey by yourself, knowing your rights is key.

Let’s walk through the process, step by step.

Step 1: Understand what counts as police misconduct

Not every bad encounter with police rises to the level of misconduct. But a lot do. So what actually counts?

Police misconduct covers a wide range of wrongs. Things like excessive force. False arrests. Racial profiling. Illegal searches. Sexual harassment. Threats or intimidation. Even failing to provide medical help when needed.

Sometimes it’s obvious. Other times, it’s not so clear. Maybe you were left wondering, “Was that legal?”

Here’s the thing: if you feel something was wrong, trust your instincts. It’s better to report and let investigators sort it out than to stay silent.

Step 2: Gather your evidence

You don’t need a mountain of evidence to file a complaint. But the stronger your proof, the stronger your case.

Here’s what can help:

• Photos or videos of the incident
• Witness information (names, phone numbers)
• Medical records if you were injured
• A written timeline of exactly what happened, while it’s still fresh in your mind

Don’t stress if you don’t have everything. Even small details matter. Maybe you didn’t get the officer’s badge number, but you remember the patrol car number. That’s something.

Tip: Gather and organize your evidence before you file your complaint. It saves time, and headaches, down the road.

Step 3: Find out where to file your complaint

Now that you have your story and your evidence ready, where do you go?

In California, you have options. You can usually file the complaint with:

• The police department’s Internal Affairs Division
• An independent civilian oversight agency (if your city has one)
• The California Department of Justice for serious civil rights violations

Some departments (like LAPD and SFPD) even allow online complaint filing. Others may require you to show up in person or mail in your form.

Remember: you aren’t trapped into just reporting to the same department that wronged you. External oversight bodies exist for a reason.

Step 4: Write and submit your complaint

Now comes the part that matters most: telling your story. When you write your complaint:

• Stick to the facts: who, what, when, where.
• Name officers or units involved, if you can.
• Describe any injuries or emotional distress.
• Keep it professional, even if you’re angry.

You don’t have to write like a lawyer. Just be clear, honest, and specific.

For example:

“On March 5, 2025, at approximately 9:30 p.m., Officer Smith pulled me over on I-5 near Anaheim. He dragged me from my car without explanation and struck me in the ribs with his baton.”

If you prefer, you can fill out a formal complaint form, usually available on the department’s website. And depending on the agency, you can submit it:

• Online
• By mail
• In person

Tip: Always keep a copy of what you send, just in case.

Step 5: Follow up after filing

After you file, don’t just wait in silence. Stay on it.

Ask for a case number or reference number when you submit your complaint. That way, you have something to refer to when you follow up.

Most California departments are supposed to respond within 60 days, per their own policies. But let’s be real—it doesn’t always happen that fast. If you haven’t heard anything after two months, it’s okay (and smart) to check in.

A simple, polite call or email asking for an update can move things along.

And no matter how long it takes, know this: your voice matters. Even if the department never admits fault, your complaint builds a record that could protect someone else down the road.

Step 6: Consider legal action if necessary

Sometimes a complaint isn’t enough. If you suffered serious harm—broken bones, lost income, trauma—you might have grounds to sue. That’s where a police misconduct attorney steps in.

In California, you have rights under federal law (42 U.S.C. § 1983) and state civil rights laws (the Bane Act). If an officer violated those rights, you can fight back in court.

But here’s the catch. You must act fast. California has strict deadlines called “statutes of limitations.” Under the California Government Claims Act, if you plan to sue a public entity or employee (like a police department or officer), you typically must file a government claim within six months of the incident. If your claim is denied, you usually have another six months to file a lawsuit in court.

Talking to an experienced police misconduct attorney can help you figure out your options before it’s too late. They can handle the legal maze while you focus on healing.

Final thoughts: why filing a complaint matters

Maybe you’re wondering… Does it even matter? Will anyone listen?

The truth? Filing a complaint isn’t just about you. It’s about changing the system. Every report creates a paper trail. Every voice adds pressure for reform.

In recent years, public complaints have led to real changes—officer firings, department overhauls, new training policies. No step is too small when it comes to standing up for your rights.

Your experience matters. Your story matters. Your voice matters.

Take the first step toward justice

Standing up against police misconduct is a brave and important decision. It’s normal to feel overwhelmed, unsure, or even afraid. But you don’t have to navigate this process alone. With the right support, taking action can be empowering — and it can be the first step toward real change.

If you or someone you care about needs guidance, don’t wait. Help is available, and you deserve to know your rights.

At Taylor & Ring, we’ve stood alongside individuals and families facing injustice, fighting to hold those in power accountable. Whether you’re seeking answers, protection, or just someone to listen, we’re here for you.

Call us or use our contact form to schedule a free, confidential consultation. Let’s take the next step together.