Police misconduct, as defined by Illinois law, 720 ILCS 5/33-9 includes when a police officer:

• Misrepresents or fails to provide facts,        
• Withholds any knowledge of the misrepresentations of another law enforcement officer, or
• Fails follow state law or department policy on wearing body cameras. 

The sentence for law enforcement misconduct is a Class 3 felony, but it is incredibly rare that any officer will be charged for this conduct.

But police misconduct lawsuits are civil, not criminal. This means you are suing private individuals, like police officers, and public bodies, as opposed to a criminal case, where the state is “suing” you in the form of a prosecution.

Common grounds for a civil police misconduct lawsuit involve violations of the Constitution. For example, the following circumstances could give rise to a police misconduct lawsuit: 

• Excessive use of force against you by a police officer;
• A police officer stopped you without probable cause or reasonable suspicion, but did not arrest you;
• An arrest or search without probable cause;
• A police officer caused you to be prosecuted without probable cause;
• Discrimination by a police officer against you based on your race, gender, or membership in another “protected class”; or
• Behavior by a police officer that was so outrageous that it “shocks the conscience” in violation of due process rights.

A civil case places the burden on you to prove certain things. You must prove that: 

• Your account of the events is more likely than not what actually occurred (the defendants, naturally, will tell a different story), and
• Your rights under the constitution were violated.

• Investigate and back up your assertions by obtaining records and statements from third parties,
• Ask police officers questions under oath, both in writing and in an extended interview called a “deposition,” and
• Hire an expert to help strengthen your claims.

It is important to remember that the discovery process goes both ways. Just like you get to ask the defendants questions, they get to do the same for you. This process can feel, and often is, very invasive. For example, because you brought the lawsuit and likely claimed that you were injured either physically or emotionally, your past medical history is often fair game for examination.

Your investigation can include police records. Private and public police records about complaints, investigations, and misconduct can't be destroyed. These records have to be permanently maintained.