The Violent Crime Control and Law Enforcement Act of 1994, 34 U.S.C. § 12601, authorizes the Attorney General to seek equitable and declaratory relief to eliminate a pattern or practice of illegal conduct by law enforcement agencies. Investigations involving law enforcement agencies cover a broad range of issues, but may include, for example, unreasonable use of force, unlawful searches and seizures, discriminatory policing, and conditions in holding cell facilities.

When a United States Attorney’s Office receives a complaint or other information suggesting potential law enforcement misconduct, that office should forward the complaint or other information to the Special Litigation Section 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; a complaint should be filed; or, in most instances (see JM 8-2.100 and 28 C.F.R. §§ 0.160 to 0.164), a case should be settled, and on what terms. 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 Special Litigation Section may work together, as appropriate, on these investigations and any resulting litigation. Division of responsibilities is determined on a case-by-case basis.

[updated December 2022]