For The State of Oklahoma
Below are some of the steps you can take to act if you find yourself subjected to oppression and violations by law enforcement. Law enforcement officials are usually employees, however, Sheriffs are typically elected officials. Their behavior is overseen by the Oklahoma Council on Law Enforcement Education and Training (CLEET) and the #Bradylist.
Ultimately, County Sheriffs are elected, so
the most direct form of oversight is at the ballot box.
SOME OKLAHOMA POLICE policy MANUALS CAN BE FOUND HERE.
If injured and detained or arrested: Immediately request transport to an emergency room or medical facility independent from the jail.
If injured and NOT detained: Immediately seek medical care at an emergency room or other medical facility, such as an urgent care clinic.
Keep copies of medical reports and attend ALL follow up appointments!
Never rely on the police to turn on body cameras or accurately document their interactions with you. Oklahoma cops are KNOWN for experiencing "technical difficulties" whenever their conduct is unbecoming or criminal. Despite their obligation to provide such evidence to you, expect difficulties obtaining their records.
As soon as possible after the incident, write down YOUR EXPERIENCE about the event!
Include: date, time, location, officer’s name & badge number [if known - if unknown a description], and any witness statements [including names & contact info].
It is also useful to create a timeline of events leading up to, and following, the incident. You can add to this document over time as more facts present.
Purchase a bound notebook [one you cannot remove pages from]. This will be your "Log Book". Log EVERYTHING. Calls, emails, communications... Who you spoke to, when, agency, etc. Make note of what you were told, by who [name & title], and when [date & time], as you navigate the accountability process.
ALWAYS assume a judge or jury may view your log book at a later time.
Request copies of medical reports if there were injuries.
Submit open records requests to the law enforcement agency [see also: How to Request Records].
Contact witnesses and request them to provide you with an "Affidavit of Fact" [see also: What is an Affidavit]
Look up offending officers on The Brady List to see if they have any publicly known incidents of misconduct.
Start Filing Complaints.
Contact the police department’s Chief, Sheriff, and/or Internal Affairs (IA) division. Ask them what their complaint procedure is and request any forms if necessary.
Follow their formal complaint procedure and submit a written complaint detailing the officer’s actions and any supporting evidence.
Request an expected time frame for receipt of a formal written response.
Make a note in your log book.
Send follow up correspondence [in writing via email or certified mail] once the time frame has elapsed, if no response was received. Repeat every 20-30 days until in receipt of written response.
Include links to officer's Brady List profile.
For cases of misconduct that include criminal activity, specifically request that your complaint be referred by the agency to the OSBI for investigation.
Contact the County Commissioners for the relevant county. The board of county commissioners is the county's chief administrative body. The three commissioners are elected by voters in each of the county's three districts.
Ask them what their procedure is for placement on the Agenda for the next County Commissioner's meeting.
Follow the procedure to secure placement as an agenda item for consideration of action by the commissioners. Do not settle for consideration under "public comments" as those can be dismissed without being heard. Request emailed receipt of agenda placement.
Create a written complaint detailing the Sheriff's actions, inactions, and/or misconducts. Include supporting evidence and links to officer's Brady List profile. Include your what action(s) you expect the County Commissioners to take regarding the complaint(s).
Create a copy for each of the County Commissioners.
Attend the County Commissioner's Meeting and present a copy of your formal complaint to each commissioner. Address the meeting with a brief verbal description of your grievance(s) and clearly request that the Commissioner's take specific actions to address your complaints.
The authority Commissioners may utilize are outlined in Oklahoma Statute Title 19.
Some examples include:
Preparing budgets
Acting on claims
Auditing the accounts of county officers
Ensuring the fiscal responsibility of other county officers
Commissioners are also beholden to other duties, including, but not limited to:
Representing the community's interests
Approving warrants for payments
Authorizing and maintaining an inventory of county property
Developing personnel policies for county employees
For cases of misconduct that include criminal activity, ask the Commissioners to make a formal request to law enforcement, requesting a referral to the OSBI for investigation.
Request an expected time frame for receipt of a formal written response.
Make a note in your log book.
Send follow up correspondence [in writing via email or certified mail] once the time frame has elapsed, if no response was received. Repeat every 20-30 days until in receipt of written response.
Report to the Oklahoma Council on Law Enforcement Education and Training (CLEET)
CLEET oversees law enforcement training and certification.
You can File a public complaint on their website. Include links to officer's Brady List profile. Take screenshots of the final submission as evidence that the complaint was submitted.
Make a note in your log book.
CLEET will not provide any information to the public about the complaint, disciplinary actions or inactions. Do not expect any response. They deem ALL such information as "confidential".
For cases of misconduct that include criminal activity, specifically request that your complaint be referred by the agency to the OSBI for investigation.
The Brady List compiles Public Complaints of misconduct for every jurisdiction and Law Enforcement Organization [LEOrg] in the United States. It is, and always will be, PUBLIC. When filing via their online complaint portal, be sure to mention the other agencies and officials whom you filed separate complaints with, such as CLEET, so that a public record of the receipt of complaints by those authorities is created. This can become useful at a later date to others who may become victims of the same officer(s) and for discovery purposes in future litigation(s).
The local District Attorney (DA) can investigate and prosecute OKDHS Employees for misconduct that is criminal in nature, including but not limited to failing to report suspected abuse or neglect of children, fraud, and/or sexual misconduct.
Submit a written request for investigation including your written complaint and evidence of misconduct.
If there is a conflict of interest, or the District Attorney ignores or refuses to act; Submit a complaint to the Civil Rights Enforcement Division of the Oklahoma Attorney General’s Office and request an investigation.
The Oklahoma Attorney General can investigate and prosecute District Attorneys for misconduct that is criminal in nature, including but not limited to fraud and/or perjury.
Submit a written complaint to the Grand Jury Division of the Oklahoma Attorney General’s Office and request an investigation.
313 NE 21st Street
Oklahoma City, OK 73105
Office: (405) 521-3921
*Side Note*: Include a link to the officer's Brady List profile showing all the public complaints [including your own] to illustrate that the offense is publicly known and the Attorney General's office has a constitutional obligation to disclose the potential impeachment evidence to all defendants pursuant to Brady v. Maryland [373 U.S. 83 (1963)], and subsequent rulings [Giglio, Jencks, et al.].
In Oklahoma, the OSBI (Oklahoma State Bureau of Investigation) can only respond to requests for investigations from specific entities, including law enforcement agencies, district attorneys, the Governor, the Attorney General, the Council on Judicial Complaints, legislative committees with subpoena powers, and the Director of the Department of Human Services.
The Governor of Oklahoma has the power to direct the Oklahoma State Bureau of Investigation (OSBI) to investigate criminal activity, as outlined in Oklahoma law, and the OSBI is an assisting agency that responds to requests from various entities, including the Governor.
He is ONE of few entities who can legally refer cases to OSBI for investigation.
Currently, under Oklahoma law, only the following entities can request the OSBI's assistance: the Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs; the Chief Medical Examiner; all law enforcement officers including Police Chiefs and Sheriffs; District Attorneys; the Attorney General; the Governor; the Council on Judicial Complaints; the Director of the Department of Human Services; District Court Judges; and legislative committees with subpoena power.
However, there are limited exceptions, where OSBI has "original jurisdiction" meaning the agency can independently open investigation in the following areas:
vehicle theft
oil field theft
threats against public officials
violations of the Oklahoma Computer Crimes Act
violent crimes committed on the state's turnpikes
Many, if not all, misconduct by law enforcement involves civil rights violations.
The U.S. Department of Justice [DOJ] investigates and prosecutes Constitutional violations by law enforcement officers [18 U.S.C. § 242] . The DOJ's authority extends to all law enforcement conduct, regardless of whether an officer is on or off duty, so long as he/she is acting, or claiming to act, in his/her official capacity.
The DOJ prosecutes law enforcement officers for related instances of obstruction of justice. This includes attempting to prevent a victim or witnesses from reporting the misconduct, lying to federal, state, or local officials during the course of an investigation into the potential misconduct, writing a false report to conceal misconduct, or fabricating evidence.
If your incident involves civil rights violations, file a complaint with the U.S. Department of Justice Civil Rights Division.
Submit an online form or send a letter detailing the violation. Same as filing complaint above. Rinse. Repeat. Include links to officer's Brady List profile.
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue NW
Office of the Assistant Attorney General, Main
Washington DC 20530
202-514-3847
Groups like the ACLU of Oklahoma or NAACP Legal Defense Fund may provide legal assistance or advocate on your behalf.
You can sue the officer, department, Municipality/County, and State of Oklahoma under 42 U.S.C. § 1983 for civil rights violations.
We strongly suggest consult a civil rights attorney to file a case of this nature on your behalf.
Police and Sheriffs are likely afforded some immunities from suit, it is beneficial to familiarize yourself with qualified immunity and other defenses.
If the case involves serious misconduct, local or national media coverage can apply public pressure for accountability.
*IMPORTANT NOTE* If the misconduct resulted in, or is related to any criminal charges against you, it is wise to consult your defense attorney BEFORE making any statements to any media outlet or journalists.
Contact your state representatives, senators, County Commissioners, and city council members to push for policy changes and investigations.