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The following instructions are taken from the FBI's standards of
investigation:
Investigation Required
The following circumstances represent examples of situations in which a
civil
rights investigation should be initiated:
- Upon receipt of a civil rights allegation from a complainant
or
victim not known to be unreliable.
- Upon receipt of a written request from the Civil Rights Division
(CRD),
Department of Justice (the Department), which is transmitted via FBIHQ.
The
United States Attorney does not have the authority to advise a field office
to
discontinue investigation specifically requested by the Department. Any
questions regarding the deletion of any portion of a Department request must
be
promptly resolved with FBIHQ.
- Upon receipt of a request from a United States Attorney. If the field
office believes the United States Attorney's request is not warranted and
cannot
resolve this with the United States Attorney, promptly advise the Civil
Rights
Unit (CRU), Criminal Investigative Division (CID), FBIHQ.
- Upon receipt of specific information appearing in the legitimate news
media
reporting apparent violation(s) of civil rights statutes.
- Upon receipt of a civil rights complaint alleging a "Color of Law"
violation
(Title 18, U.S.C., Sec. 242) from any source not known to be unreliable.
The FBI
has investigative jurisdiction for any civil rights complaint against any
Federal, state, or local law enforcement officials. Upon receipt of a
Civil
Rights complaint involving allegations against personnel of a Federal law
enforcement agency, obtain initial facts of the complaint from complainant,
victim or other original source and advise FBIHQ. Conduct no further
investigation unless specifically instructed to do so by FBIHQ. The
complaint
will then be discussed by FBIHQ with the Civil Rights Division for a
determination as to whether the Department will request a criminal civil
rights
investigation by the FBI or whether the Division will decline criminal
prosecution in favor of an administrative inquiry. Civil rights allegations
against any Federal law enforcement agency official should be promptly
brought
to the atte
ntion of the CRU, FBIHQ. "Color of Law" can also apply to non-law
enforcement
officials who have lawful authority due to their position, such as mayor,
councilman, tax collector, proprietor of a nursing home, security guard,
etc.,
and who are likewise bound by laws, statutes, ordinances, regulations or
customs.
Law enforcement personnel are therefore only a few of the "officials" who
act
under color of law. "Color of Law" is further defined in Section 44-1.2 of
the
FBI Field Manual.
Upon receipt of a complaint involving civil rights allegations against FBI
personnel, the following procedures are to be followed:
- Advise the CRU, CID, and the Office of Professional Responsibility
(OPR), Inspection Division (INSD), by telephone, followed by appropriate
communications so that FBIHQ may furnish appropriate guidance. The CRU
will
coordinate with OPR and other FBIHQ components and advise the SAC concerning
the
proper handling of the matter;
- If a civil rights complaint arises during an administrative inquiry,
the
pertinent administrative inquiry relating only to the civil rights
allegation
must stop in order to resolve any criminal violations. That portion of the
administrative inquiry may not resume until authorized by FBIHQ.
- OPR, INSD, and CRU, CID, will coordinate the presentation of the facts
of
the allegations to OPR, DOJ, and the CRD, DOJ, to determine if a criminal
investigation is warranted. If no criminal investigation is warranted, the
matter will be administratively handled by OPR, INSD. If CRD, DOJ requests
a
criminal civil rights investigation, the CRU, FBIHQ, will advise the SAC to
initiate an investigation which should be reported to FBIHQ pursuant to the
existing provisions of this section of the manual unless advised to the
contrary
by FBIHQ.
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