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

How to File a Police Misconduct Complaint in California

If you’ve experienced police misconduct in California – whether excessive force, false arrest, or other civil rights violations – you have the right to file a formal complaint. This guide explains your options for reporting misconduct and building a strong case, with references to real California examples and outcomes.

Where to File Your Police Misconduct Complaint

Option 1: Internal Police Department Complaint

Every California law enforcement agency must have a process for investigating complaints against its officers. For example:

  • The Los Angeles Police Commission receives about 1,200 complaints annually, yet sustained just 4% of them in 2021 according to their Annual Report.
  • The San Francisco Department of Police Accountability reported a 12% sustain rate for complaints in 2022.

While required by law, internal investigations often favor officers. In the infamous Mario Woods case, San Francisco PD initially cleared officers in the 2015 shooting before public outcry forced reconsideration.

Option 2: External Oversight Agencies

For more impartial review, consider these California options:

1. California Department of Justice Civil Rights Division 

Handles patterns of serious misconduct. Currently investigating the Torrance Police Department over racist text messages.

2. Local Civilian Oversight Boards 

  • Los Angeles Sheriff’s Civilian Oversight Commission 
  • Oakland Police Commission 
  • San Diego Community Review Board

These bodies helped secure reforms after the 2018 shooting of Stephon Clark in Sacramento, including California’s new deadly force standard (AB 392).

Critical Evidence for Your Complaint

1. Body Camera & Dashcam Footage

California law (SB 1421) requires release of police footage in misconduct cases. In 2019, bodycam video showed Antonio Valenzuela being placed in a fatal chokehold by Las Vegas police (similar to California cases), leading to policy changes.

How to Obtain Footage:

  • Submit a California Public Records Act request
  • Have an attorney file a preservation order

2. Witness Statements & Cell Phone Video

Bystander video proved crucial in:

  • The 2014 shooting of Ezell Ford in LA (resulting in $1.5M settlement)
  • 2019 arrest of Miles Hall in Walnut Creek ($4M settlement)

3. Medical Documentation

In the 2016 beating of Francis Pusok by San Bernardino deputies, medical records helped secure a $650,000 settlement. Always:

  • Seek immediate medical care
  • Photograph injuries
  • Keep all treatment records

When Complaints Fail: Legal Options

If your complaint gets dismissed (as most do), you may need to file:

  • Government Claim (required before suing under California law)
  • Federal Civil Rights Lawsuit (42 U.S.C. § 1983)

For example, after internal complaints went nowhere, the family of Willie McCoy (fatally shot by Vallejo PD in 2019) filed a federal lawsuit that’s still pending.

Why You Need a Police Misconduct Attorney

Proving misconduct requires legal expertise. At Steering Law, we’ve helped clients with cases like:

  • Excessive Force: Secured compensation for victims of police brutality
  • False Arrest: Won dismissals and settlements for wrongfully detained clients
  • Wrongful Death: Pursued justice for families of those killed by officers

View our case results to see how we’ve held law enforcement accountable.

Take Action Today

If you’ve experienced police misconduct:

  1. File complaints both internally and with oversight boards
  2. Preserve evidence immediately (footage disappears quickly)
  3. Consult an attorney about your legal options

Don’t let police misconduct go unchallenged. Contact Steering Law today for a free, confidential case evaluation. Our civil rights attorneys will review your case and explain all available options.