Because criminal civil rights cases often spark intense public interest, it is often the practice to send case-closing notification letters in cases closed without indictment or prosecution. The practice of sending notification letters of case closings is particularly encouraged in cases of police misconduct and other cases involving law enforcement officer subjects.

It is important that United States Attorneys’ Offices advise the Criminal Section as soon as possible of any matters involving police misconduct (or other criminal civil rights cases in which a subject acted under color of law) that they believe may have prosecutive merit. This notification should occur not more than 30 days after receipt of the final FBI report in the matter. The Criminal Section of the Civil Rights Division will not send notification letters if a United States Attorney’s Office has expressed an interest in investigating or prosecuting non-civil rights charges against the subject or subjects, unless the letter has been expressly authorized by the United States Attorney’s Office.

In some rare, high profile, or complex matters, attorneys from the Civil Rights Division and the United States Attorney’s Office may elect to meet with families of a victim to explain the basis for a closing decision. United States Attorneys’ Offices who wish to employ such a procedure in a particular case should consult with the Criminal Section well in advance.

[updated April 2018]