How to complain about alleged misconduct by the police
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How to complain about alleged misconduct by the police
How did your last interaction with the city go? Tell us about it at www.thecityhowl.com, email howl@phillynews.com, or call 215-854-5855.
The problem: Rochie Johnson was leaving his job at a social-services agency in North Philadelphia when he heard a shout, "Put your f------ hands up!" Johnson thought he was being robbed in broad daylight. He turned and saw a Philadelphia police officer aiming a gun at him.
"I grew up in a tough neighborhood in South Philly," Johnson said. "But the first time I've ever had a gun pointed at me was by a police officer."
Another officer quickly arrived in a car with lights flashing and stopped just short of his feet, Johnson said. The second officer approached Johnson and lifted his shirt, searching him for a weapon. He found Johnson's cell phone, which he'd mistaken for a pistol from more than a block away.
"The partner lowered his gun, but then proceeded to ask me for my ID," Johnson said. "He went back to the car to run the ID. I'm standing there, frustrated and wanting them to give me a reason for what had transpired. They were like, 'Oh, well, just deal with it.' "
Johnson believes he was stopped and frisked for being black. He wanted to do something about it - and he's not alone. Dozens of West Philadelphians recently marched to 19th Police District HQ at 61st and Thompson streets to protest the beating and arrest of Askia Sabur. We thought this would be a good time to examine how a citizen can make a complaint about alleged police misconduct.
How it's supposed to work: If you think you've been a victim of police abuse (including racial profiling), the most direct way to get an investigation started is to submit a written complaint to the police Internal Affairs Bureau.
Citizens "can go to any district office and see the operations-room supervisor," said Lt. Frank Vanore, a spokesman for the Police Department. "That supervisor. . . can provide you the form." You can also go directly to Internal Affairs, at 7790 Dungan Road, in the Northeast.
Vanore told us you'll have to provide a description of what happened and contact info and sign your statement. The department will match the date and time of an incident to radio logs to find out what officer was involved.
Have someone corroborate your story if possible. Vanore stressed that many cases get dropped because there isn't enough evidence to pursue charges.
"The best thing you can do is have documentation and also contact information for witnesses," Vanore said. "If it's he said/she said, and there's no proof, those cases don't go very far."
The investigation can be lengthy, Vanore cautioned, since Internal Affairs sends cases that they think may have merit to the Police Board of Inquiry, which recommends possible disciplinary action. The police commissioner ultimately decides whether to discipline an officer (from a slap on the wrist to termination).
Of course, many people who have been mistreated by police don't trust the department to fully investigate the case.
That's why victims of misconduct should also file a complaint with the Police Advisory Commission, the city's civilian oversight agency. According to deputy director Kelvyn Anderson, the commission provides outside monitoring of Internal Affairs and makes sure "the complaint gets through the process in the correct way."
That's how it works, but . . . After talking with a lawyer, Johnson submitted a complaint to Internal Affairs. He didn't hear anything for two months. Then he was called to headquarters to give a statement in person.
"Several months later, I got a letter in the mail saying the investigation had found that the officers had done nothing wrong," Johnson said. "It occurred in a high-crime area and they had the right to stop anyone who fit a certain profile."
Maybe this was the right decision, maybe not. Either way, dismissal of the case is a common outcome. Many cases are dropped due to lack of evidence. Critics point out two big flaws in the process: First, Internal Affairs is run by the police, which means they oversee themselves. More important, the Police Advisory Commission has no real teeth.
"They are advisory only. They can't take action," said civil-rights lawyer David Rudovsky, who represented Johnson in his complaint. Often, "Internal Affairs will simply ignore the commission's findings."
After the Internal Affairs ruling, Johnson and Rudovsky threatened a lawsuit, and the city decided to settle the case instead of going to trial. Rudovsky said that retaining an attorney is the only way for a victim of police brutality to collect compensation, though doing so doesn't address the issue of disciplining an officer who did wrong.
If you want to file a complaint about the police, you can call Internal Affairs at 215-685-5010, 5056, 5057 or 5058 or the Police Advisory Commission at 215-685-0891. Or go to http://www.phillypolice.com/forms/report-police-misconduct/
"Johnson believes he was stopped and frisked for being black."
Seriously, in a city that is half black, he thinks he was targeted for being black?
This makes no sense.— johnklevas- I am white. I had a same situation happen to me. No, I don't think it happened because the guy was black but because the police thought they saw something suspicious and investigated. It's called, doing their job.— HappyJoy
- "johnklevas"...What about it doesn't make sense? If a Police Officer (regardless of race, color or ethnicity) stops a person (regardless of race, color or ethnicity)stops a person simply becuase of their race, color or ethnicity -- it would be "Racial Profiling". It's pretty simple. Question -- What's 1 + 1 ?— sangoboi
- johnklevas: blacks get stopped and harassed more often than whites. yes, many times it is because they are black because some bigot white cop want to get his jollies. you wouldn't understand. some cops are bigots just like you. another cop told me how some cops behave. by the way it was a white cop who told me.— etbarksdale
- There is so much missing from this story that it is a disgrace. Were the responding officers black or white? Could there have been a radio call about a person with a gun in the area? From a distance a cell phone on a person's hip can look like a gun depending on how the person is walking. If you are going to allege some form of misconduct, at least give a complete picture of the situation.— Trident252
- "It occurred in a high-crime area and they had the right to stop anyone who fit a certain profile."
False. They don't have the right to stop anyone, unless they have a reasonable, articulable suspicion that a crime has occurred, is occurring, or is about to occur.
Of course, folks like HappyJoy and Trident252 will bend over backwards to excuse the jack-booted thugs.— veritas - veritas, there are numerous reasons to initiate a pedestrian or vehicle stop. Where in the article does it state that there wasn't a reason for the stop. If you are going to give us a lesson in police work, please be correct.— Trident252
- Let me quote it again: "[T]hey had the right to stop anyone who fit a certain profile."
That came from the police department. They came right out and said that they don't need any of those numerous reasons to initiate a stop. And they're wrong.
If you're going to give us a lesson in police work, please work on your reading comprehension.— veritas - veritas, hurry to the Roundhouse or State Rd, your impressive knowledge is needed immediately. The 25th is short two right now, maybe you could help out there.— Trident252
- veritas, hurry to the Roundhouse or State Rd, your impressive knowledge is needed immediately. The 25th is short two right now, maybe you could help out there.— Trident252
I was a victim of Domestic Violence by a police officer. For years, I was told "No one will listen to you because they all think your crazy." What happens to victims who are being abused by police and state police? When will they be held ACCOUNTABLE? WHERE IS THE JUSTICE? WHEN WILL YOU HEAR OUR CRIES.— Sadler48
Far too many Philly cops are crooks and ignorant of the law. Indicitive of their poor training, academic requirements and physical requirements. They couldnt even be the stable help for the State Police.
