Information that may indicate an investigation under a federal civil rights statute is appropriate may come to the Civil Rights Division or a United States Attorney’s Office through a variety of channels, including referrals or complaints from other federal agencies, victims or community organizations, private attorneys, media coverage, and other sources. Upon receiving such information, the Civil Rights Division or the United States Attorney’s Office may engage in a pre-investigation review to determine whether an investigation is appropriate. Pre-investigation review includes taking actions such as speaking to and reviewing materials received from a complainant and reviewing publicly available information.

When a United States Attorney’s Office receives a complaint or other information suggesting a violation of a federal civil rights statute or has initiated a pre-investigation review, that office should forward the complaint or other information to the Civil Rights Division as soon as practicable. The Assistant Attorney General for the Civil Rights Division retains final authority to determine whether a civil rights investigation should be opened. The Assistant Attorney General for the Civil Rights Division may delegate this authority to subordinate Civil Rights Division officials and United States Attorneys, where appropriate. The United States Attorney’s Office and the Civil Rights Division may work together, as appropriate, on these investigations and any resulting litigation. Division of responsibilities is determined on a case-by-case basis.

Absent extraordinary circumstances, the Assistant Attorney General for the Civil Rights Division, or his or her designee, usually the relevant Section Chief, will notify the United States Attorney, or his or her designee, before initiating an investigation in the United States Attorney’s district.

[updated March 2018]