Accountability Tool Box:
Accountability Tool Box:
District Attorneys
District Attorneys
Embedded Files
For The State of Oklahoma
HOW TO HOLD SHERIFFS & POLICE OFFICERS ACCOUNTABLE
HOW TO HOLD SHERIFFS & POLICE OFFICERS ACCOUNTABLE
Below are some of the steps you can take to act if you find yourself subjected to oppression and violations by law enforcement. District Attorneys are typically elected officials and their behavior is overseen by the Oklahoma Bar Association and the #Bradylist.
Ultimately, these positions are elected, so
the most direct form of oversight is at the ballot box.
*REMEMBER KIDS*: "If it is not DOCUMENTED, it did not happen!"
*REMEMBER KIDS*: "If it is not DOCUMENTED, it did not happen!"
Document & Gathering Evidence:
Document & Gathering Evidence:
Document the Incident
Document the Incident
ALWAYS FILM THE POLICE. ALWAYS.
ALWAYS FILM THE POLICE. ALWAYS.
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.
DOCUMENT, DOCUMENT, DOCUMENT!
DOCUMENT, DOCUMENT, DOCUMENT!
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.
ADDITIONAL TIP:
ADDITIONAL TIP:
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.
Gather Evidence
Gather Evidence
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.
File Grievances & Complaints:
File Grievances & Complaints:
File a Complaint with the Oklahoma Bar Association
File a Complaint with the Oklahoma Bar Association
To file a bar complaint in Oklahoma, you must submit a written, signed statement to the Oklahoma Bar Association’s Office of General Counsel outlining the alleged misconduct of an attorney. Your complaint should include the attorney’s name, a clear description of what occurred, and any supporting documents. Complaints can be mailed or submitted online through the Oklahoma Bar Association's website. The Bar only handles violations of professional conduct — not dissatisfaction with case outcomes — so your complaint must relate to ethics or legal rule violations. You can find the Oklahoma Rules of Professional Conduct in Appendix 3-A of Oklahoma Statute Title 5.
A fillable .pdf version of the bar association's preferred grievance form can be downloaded here.
Mail your grievance to:
Office of the General Counsel
Oklahoma Bar Association
P.O. Box 53036
Oklahoma City, OK 73152-3036
Phone: (405) 416-7007
*SPECIAL NOTE* - We suggest mailing the grievance "certified" or with a proof of delivery option!
*SPECIAL NOTE* - We suggest mailing the grievance "certified" or with a proof of delivery option!
Please note that email or fax submissions are not accepted, as original signatures are required.
Once received, the Office of General Counsel reviews the complaint and may initiate an investigation if the bar deems investigation is warranted.
File a Complaint with the #BRADYLIST
File a Complaint with the #BRADYLIST
The Brady List compiles Public Complaints of misconduct for every prosecuting jurisdiction in the United States. It is, and always will be, PUBLIC. When filing via their online complaint portal, be sure to attach a copy of your grievance delivered to the Oklahoma Bar Association, so that a public record of the receipt by those authorities is created. This can become useful at a later date to others who may become victims of the same prosecutor(s) and for discovery purposes in future litigation(s).
Inform The Attorney General's Office
Inform The Attorney General's Office
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.
The Oklahoma Office of the Attorney General, Grand Jury Division
The Oklahoma Office of the Attorney General, Grand Jury Division
313 NE 21st Street
Oklahoma City, OK 73105
Office: (405) 521-3921
*SPECIAL NOTE* - We suggest mailing the grievance "certified" or with a proof of delivery option!
*SPECIAL NOTE* - We suggest mailing the grievance "certified" or with a proof of delivery option!
*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.].
Do NOT Waste Time Contacting OSBI Directly!!
Do NOT Waste Time Contacting OSBI Directly!!
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.
Request an OSBI Referral from The Governor
Request an OSBI Referral from The Governor
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
File a Complaint with the U.S. Department of Justice (DOJ)
File a Complaint with the U.S. Department of Justice (DOJ)
Many, if not all, misconduct by District Attorneys involve civil rights violations.
The U.S. Department of Justice [DOJ] investigates and prosecutes Constitutional violations by government officials [18 U.S.C. § 242] . The DOJ's authority extends to all government conduct, regardless of whether an official is on or off duty, so long as he/she is acting, or claiming to act, in his/her official capacity.
The DOJ prosecutes government officials 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
Seek Legal Remedies:
Seek Legal Remedies:
Reach Out to Civil Rights Organizations
Reach Out to Civil Rights Organizations
Groups like the ACLU of Oklahoma or NAACP Legal Defense Fund may provide legal assistance or advocate on your behalf.
File a Writ of Mandamus/Prohibition with The Supreme Court of Oklahoma
File a Writ of Mandamus/Prohibition with The Supreme Court of Oklahoma
A writ of mandamus [forces action] and a writ of prohibition [prevents action] are types of extraordinary court orders, typically issued by a higher court to a lower court or public official. They’re used when no other legal remedy is adequate.
Writ of Mandamus "Do your job."
Writ of Mandamus "Do your job."
Purpose: To compel a government official, public agency, or lower court to perform a duty they are legally required to do.
Example: If a trial court refuses to rule on a motion it is legally obligated to decide, a higher court might issue a writ of mandamus to force the court to make that decision.
Writ of Prohibition "Stop doing that—you’re overstepping."
Writ of Prohibition "Stop doing that—you’re overstepping."
Purpose: To stop a lower court or public authority from acting beyond its legal power.
Example: If a lower court is about to hold a trial on a matter outside its jurisdiction, a higher court can issue a writ of prohibition to prevent it from proceeding.
File a Civil Suit under 42 U.S.C. § 1983 for civil rights violations.
File a Civil Suit under 42 U.S.C. § 1983 for civil rights violations.
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.
Notify the Media:
Notify the Media:
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.
Engage Your Elected Officials:
Engage Your Elected Officials:
Contact your state representatives, senators, County Commissioners, and city council members to push for policy changes and investigations.
This is for educational purposes only and does not constitute legal advice. We encourage ALL victims of oppression to seek detailed advice from an attorney experience in civil rights litigation.
*Disclaimer* Any and all applications and/or use of the educational materials provided within the page and/or website here in provides Citizens Overseeing with implied consent and agreement from the user [website visitor] that user understands that all content herein related to any and all legal procedures, guides, processes, and/or case law references are for EDUCATIONAL PURPOSES ONLY and nothing within the content of this page and/or website is to be construed as legal advice of any kind. User agrees and understands that ANY utilization, use, and /or application of these educational materials and concepts are AT YOUR OWN RISK and indemnifies Citizens Overseeing from any and all liabilities. related to such.
Page updated
Google Sites
Report abuse