Police brutality and abuse of authority is a common occurrence in the United States of America and has been throughout American history. It is not that it is a new phenomenon, but that the Muslim community is coming face-to-face with increasing levels of police misconduct. We must make sure to document these incidents, creating a full record of each incident and to utilize this documentation in holding officers and agencies accountable. One of the ways of doing so is by filing a citizen complaint.

Why File?

Although filing a citizen complaint can seem like an intimidating process, it is incredibly important to engage it. By filing a complaint, you are making a permanent and official record of the misconduct that will remain on the officer's history. Filing a complaint can bring about discipline for the officer who committed the misconduct. All complaints, regardless of the outcome, remain on an officer's history and are reported to the police department. An officer's record can serve as a useful means of documenting their abusive history especially if you choose to file a suit.

Remember, you can also choose to file a complaint anonymously still allowing the complaint to be noted on the officer's record. Whether anonymously or by name, the record these filings create can serve as a great resource in both community advocacy and during the course of possible litigation.

When Filing.

It is crucial to make sure to file a complaint as soon as possible after the incident. Many jurisdictions require that you file your complaint within a certain time period for allegations of misconduct. (In the State of New York, officers who are subjects of substantiated Citizen Complaint Review Board investigations must be disciplined or served with disciplinary charges within 18 months of the date of the incident.) This can become increasingly important if you wish to file a suit. You may find exceptions to this limitation when the alleged misconduct by an officer constitutes a crime. If you cannot meet the deadline, you need to be able to show good cause as to why your complaint was not timely.

Keep in mind that, depending on the county, you can choose to file a complaint with either the police department or with an independent citizen complaint bureau. It is likely to be less intimidating to engage in this process through an independent agency and not the police department directly.

In many counties individuals are able to download a form online and mail it in without ever needing to step into a police department or any other office in order to begin the filing process. Once the process begins, you may be asked to meet with an investigator who will take a statement from you in order to get an accurate and thorough description of the events. At this stage, it will be helpful to relay all details including dates, time, names and numbers of the officer(s) involved and any witnesses you may have. Any and all paperwork and photographs related to the incidents are also helpful to have.

If you don't have any of this information, you can file a complaint with as little information as you may have about an incident. You do not need to know the name or badge number of the subject officer(s). Agencies often receive complaints against unidentified officers and are usually able to identify them using police documents and other evidence. You may have to be interviewed again you so that you can view officer photographs for the identification process. But you do not need this information to file a complaint.

A severe drawback in this entire process is that when an independent agency substantiates a complaint, it can only go so far as to recommend disciplinary action to the police commissioner, who has the ultimate authority on whether or not to impose discipline. The disciplinary action can include verbal warnings, loss of vacation days, suspension and/or termination depending on the severity of the allegation. That is why it is extremely important to demand a full investigation in your complaint and to follow-up with the investigation as best as possible.

Regardless of the outcome of the investigation, the process creates a record for the officer(s) which can ultimately be helpful in community advocacy campaigns and efforts and in any possible litigation against the officer and/or the agency as a whole. All of this keeping with the principle that as Muslims we are responsible to not only ourselves, but also the society we live in.

The author of this article can be reached via email at Justice360@muslimcongress.org. For more information about Justice360, visit http://www.muslimcongress.org/360.

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