Self-Advocacy Guide: Disability Discrimination by Law Enforcement
Guide for people with disabilities on their options if they have an encounter with police and believe they were treated unfairly due to disability.
You may have an encounter with police or other law enforcement and believe you were treated unfairly because of your disability. This guide goes through your options if this happens to you. You can use more than one and you can do them at the same time.
This resource is a guide for people with disabilities and their families. It is not legal advice. For legal advice on your specific situation, please talk with a lawyer.
Advocacy Tip
Whichever option(s) you choose, it may help to document what happens to you. You can write down dates, officers’ names, witnesses, and details of any accommodations you ask for. You may also want to save records, videos, and/or photos that would support you in a complaint.
Go to your court date (if you have one) and explain what happened to the judge.
If police gave you a ticket that you believe is unfair and related to your disability, you can go to the court date and explain this to the judge. The judge may reduce the ticket amount, change the fine to community service, or drop the ticket. Be aware, however, that the judge may still order you to pay the ticket and possibly court costs.Most tickets are municipal, but some papers that look like tickets may be criminal. You can read the paper ticket carefully or call the court to confirm which kind you have.
Make a police misconduct complaint with the local police department where the officer(s) work.
If you experienced bad treatment by a police officer, you can complain about the officer(s) with their police department. Contact the police department or visit their website to find out how to make a police misconduct complaint. Follow the department’s complaint guidelines so your complaint gets to the right place. You can explain why you believe the officer’s actions were based on your disability.
File a discrimination complaint with the federal government.
If you experienced police discrimination based on your disability, you can file a Civil Rights Violation complaint with the federal Department of Justice, Civil Rights Division. Learn more about these complaints on the Civil Rights Division website.
Advocacy Tip
Keep in mind that complaint procedures and deadlines are different depending on the agency. It’s a good idea to file any complaints as soon as possible.
