How to file a civil rights complaint without a lawyer

Before you start

“Filing a civil rights complaint” can mean two very different things: asking a government agency to investigate, or suing in federal court. Some people do both. This guide covers each, with the rules and forms that apply in 2026.

Three things are true for almost everyone:

1. Deadlines decide more cases than facts do.Some are measured in days or weeks: prison grievance deadlines can be very short, and federal employees have 45 days to contact an EEO counselor. Work out yours first.
2. You're held to the rules.Judges read pro se filings generously (Haines v. Kerner), but you still have to follow the Federal Rules of Civil Procedure and the court's local rules.
3. Free help exists.Some federal courts have free legal clinics, and legal aid offices, law school clinics and bar referral services can help. See Get help.

Pick your route

Your route depends mostly on who did it and where: a police officer, an employer, a landlord, a school, a business or a federal agency. Pick the closest match below.

This tool shows common routes for each kind of situation. It doesn't evaluate your facts or tell you which claims you have.

Agency complaint or lawsuit?

Deadlines come first

Missing a deadline usually ends a claim no matter how strong it is. These are the most common ones. Use the deadline calculator to count days the way federal courts do and to look up your state's § 1983 period.

Route A: Agency complaints

An agency complaint is free and doesn't require legal writing. For some claims it's also required before you can sue. Each agency decides whether to investigate, and filing with one usually doesn't stop other deadlines from running.

Job discrimination: the EEOC

1. Start online or by phone.Use the EEOC Public Portal to submit an inquiry and schedule an interview. If your state has its own fair employment agency, a charge filed with one is usually shared with the other.
2. The interview and the charge.An EEOC staff member helps turn your inquiry into a formal “charge of discrimination.” File it before the 180- or 300-day deadline, even if the interview can't happen in time.
3. Mediation or investigation.The EEOC may offer mediation, investigate, or close the charge.
4. Right-to-sue notice.When your charge is closed you get a notice of your right to sue (for Title VII charges against a state or local government employer, the Justice Department issues it). You generally have 90 days from receiving it to file in federal court.

Housing discrimination: HUD

File within one year online through HUD, by phone at 1-800-669-9777, or by mail. You can also sue under the Fair Housing Act within two years without filing with HUD first.

Police, government services and public places: U.S. Department of Justice

The Civil Rights Division's reporting portal takes reports about police misconduct, hate crimes, voting, disability access and discrimination by businesses and governments. ADA complaints can also start at ADA.gov. An ADA Title II complaint against a state or local government is due within 180 days. A report to DOJ is not a lawsuit, and DOJ does not represent you.

Schools and colleges: Office for Civil Rights

File with the U.S. Department of Education's Office for Civil Rights within 180 days of the last act of discrimination (you can ask for a waiver of that deadline). It covers race, color, national origin, sex, disability and age discrimination by schools that receive federal money.

Federal employees and agencies: the FTCA claim

If a federal employee injured you or damaged your property, the Federal Tort Claims Act requires an administrative claim before any lawsuit. Use Standard Form 95. The agency involved must receive it within 2 years; mailing it isn't enough. State a specific dollar amount (a “sum certain”). That amount usually caps what you can recover later, so include everything. If the agency denies the claim, you have 6 months from the mailing of the denial to sue. If it doesn't decide within 6 months, you can treat that as a denial.

An FTCA lawsuit is filed against the United States, not the individual employee. It covers injuries that would be torts under state law (like assault or negligence), not constitutional violations as such, and a judge decides it without a jury.

Route B: A § 1983 lawsuit

42 U.S.C. § 1983 lets you sue a person who, acting under state or local government authority, violated your rights under the U.S. Constitution or federal law. Typical examples are excessive force, unlawful searches, false arrest and retaliation for protected speech. It's the main civil rights lawsuit against police and other state or local officials.

The steps, in order: decide who to sue, pick the court, write the complaint, fill out the cover sheet, pay the fee or ask for a waiver, file, and serve the defendants.

1. Who you can sue (and who you can't)

• Individual officers and officials. Name each person who did it, “in their individual capacity,” for money damages. Officers can raise qualified immunity, which protects them unless they violated a right that was “clearly established” when they acted (Harlow v. Fitzgerald).
• Cities and counties. Only when the city's or county's own policy, custom or practice caused the violation, not just because it employs the officer (Monell v. Department of Social Services).
• States and state agencies. They can't be sued for money under § 1983 (Will v. Michigan Dept. of State Police). You can ask a court to order a state official to stop an ongoing violation.
• Police departments and jails. In many states these aren't separate legal entities that can be sued; the city or county is. Check how federal courts in your state treat them.
• Federal officers. § 1983 doesn't reach them. Damages claims against federal officers (“Bivens” claims) are now very hard to bring after Egbert v. Boule (2022). The FTCA claim is the usual route, but it's a claim against the United States (not the officer) for state-law torts, not constitutional violations.
• Unknown names. You can name “John Doe” defendants, but you need to learn their real names and add them before the deadline to sue runs out. In most courts, swapping in a real name after that deadline doesn't count as timely (Rule 15(c)).

2. Pick the right court

Federal law (28 U.S.C. § 1391(b)) generally lets you file in a district where any defendant lives (if they all live in the same state) or where a substantial part of what happened took place. There are 94 federal districts, and many are split into divisions that have their own courthouse.

Open the court finder

3. Write the complaint

The complaint tells the court and the defendants who you're suing, what happened and what you're asking for. Most people without lawyers use the court's form:

• Pro Se 15: Complaint for Violation of Civil Rights (Non-Prisoner)
• Pro Se 14: Complaint for Violation of Civil Rights (Prisoner)
• All national pro se forms. Some courts want their own version, so check your court's website first. The court finder flags the ones we know about.

Fill in Pro Se 15 and your filing packet

What goes in it:

1. The parties.Your name and address, and each defendant's name, job title, employer and the capacity you're suing them in.
2. Jurisdiction.Federal courts hear § 1983 claims because they arise under federal law (28 U.S.C. § 1331 and § 1343). The form has checkboxes for this.
3. The facts.What happened, when, where and who did what, in short numbered paragraphs. Say what each defendant personally did. Stick to facts, not labels: “Officer Smith hit me twice with a baton after I was handcuffed” does more than “Officer Smith used excessive force.” A complaint needs enough facts to make the claim plausible (Ashcroft v. Iqbal).
4. The rights involved.Which constitutional right or federal law you believe was violated, for example the Fourth Amendment for unreasonable force or searches.
5. Your injuries.Physical, emotional, financial, and any medical treatment.
6. What you're asking for.Money damages, a court order, or both.
7. Jury demand and signature.If you want a jury, say so in the complaint (the form has a box for it). Signing certifies that your factual claims have, or will likely have, support (Rule 11).

4. The civil cover sheet (JS 44)

The JS 44 civil cover sheet is a one-page form the clerk uses to open and sort the case. Most courts want it with a new complaint. It asks for the parties, their counties, the basis of jurisdiction (“federal question” for most § 1983 cases, or “U.S. Government Defendant” if you're suing the United States), a “nature of suit” code, the law you're suing under and whether you want a jury. Common civil rights codes include 440 (Other Civil Rights), 442 (Employment), 443 (Housing), 445/446 (ADA), and 550/555 for prisoner cases.

5. Pay the fee or ask for a fee waiver

The filing fee is $405: $350 set by law plus a $55 administrative fee. If you can't pay it, file an application to proceed in forma pauperis (IFP) with your complaint: the short form (AO 240) or long form (AO 239), or your court's own version. If the court grants it, you don't prepay the fee, the $55 administrative fee is waived, and the court orders the U.S. Marshals to serve your papers.

Courts screen IFP complaints and must dismiss any that are frivolous or malicious, that fail to state a claim, or that seek money from someone immune from it (28 U.S.C. § 1915(e)(2)).

Fee waiver helper and worksheet

6. How to file

There are three ways to get papers to a federal court. Which ones you can use depends on the court:

• On paper, in person at the clerk's office or by mail. Always available. Keep a copy of everything, and if you mail it, include a self-addressed stamped envelope and ask for a file-stamped copy back.
• By email or web upload. Some courts accept new complaints this way (for example D.D.C. and several others). Others only take later filings, and some take none.
• E-filing (CM/ECF). Most courts require a judge's permission before someone without a lawyer can e-file, and usually not for the complaint itself. A few let you register yourself; at least one now requires it once your case is open.

E-filing rules, court by court

7. Serve the defendants

Filing isn't enough. Each defendant has to be formally served with a summons and a copy of the complaint within 90 days of filing, or the court can dismiss them (Rule 4(m)).

• The summons. Fill out an AO 440 for each defendant. The clerk signs and seals it.
• Who serves. Any adult who isn't a party, such as a process server or sheriff. If you have IFP status, the court orders the U.S. Marshals to do it (Rule 4(c)(3)).
• Asking them to waive service. You can mail a request to waive service (AO 398 with AO 399). A defendant who waives gets 60 days to respond. Individuals and businesses that refuse without good cause can be ordered to pay the costs of formal service; governments don't have that duty. The 90-day clock keeps running while you wait for an answer.
• Governments. Serving the United States, a federal agency or a federal officer means serving the U.S. Attorney's office and the Attorney General too (Rule 4(i)). State and local governments are served under Rule 4(j).
• Proof. Whoever serves fills out the proof of service (page 2 of the AO 440), and it gets filed with the court.

8. What happens after you file

1. Screening.If you asked for a fee waiver, a judge reviews the complaint and can dismiss all or part of it, often with a chance to amend.
2. The defendants respond.Usually within 21 days of service (60 days if they waived service or are federal defendants), with an answer or a motion to dismiss.
3. You respond to motions.Local rules set how long you have to file a response. Missing it can lose the motion.
4. Amending.You can usually amend once without permission within 21 days of serving the complaint, or within 21 days of an answer or motion to dismiss (Rule 15(a)(1)). After that you need consent or the court's leave.
5. Magistrate judge reports.If a magistrate judge issues a “report and recommendation,” you have 14 days after being served with it to object (Rule 72(b)(2)). Not objecting can cost you the right to appeal those issues later (Thomas v. Arn).
6. Discovery, summary judgment, trial.Each side gathers evidence, then either side can ask the court to decide the case without a trial (summary judgment). Many cases settle along the way.

If you're in prison or jail

• Grievances first. You must use every step of the facility's grievance process before suing about prison conditions (42 U.S.C. § 1997e(a); Porter v. Nussle).
• The fee. Even with IFP status, you owe the $350 filing fee, collected from your prison account in installments (20% payments) (28 U.S.C. § 1915(b)).
• Three strikes. After three prior cases dismissed as frivolous, malicious or for failing to state a claim, you can't get IFP status unless you're in imminent danger of serious physical injury (§ 1915(g)).
• Emotional injury. Damages for mental or emotional injury require a showing of physical injury or a sexual act (§ 1997e(e)).
• Form and resources. Use Pro Se 14 or your court's own prisoner complaint form (many courts have one). The free Jailhouse Lawyer's Handbook is written for you. Offices funded by the Legal Services Corporation generally can't take prisoner cases.

When to get a lawyer

Representing yourself is a right, but it isn't always the best choice. Try hard to get a lawyer if someone was seriously hurt or killed, if there's a related criminal case, or if the case involves many defendants or complicated evidence.

• Fee-shifting. If a civil rights plaintiff wins, the court can order the defendants to pay the plaintiff's lawyer (42 U.S.C. § 1988). That's why some civil rights lawyers take strong cases with no upfront fee.
• It can cut both ways. A court can order a plaintiff, including one without a lawyer, to pay the defendants' attorney's fees if the claims were frivolous, unreasonable or groundless (Hughes v. Rowe).
• No fees for your own time. If you represent yourself, you can't collect attorney's fees for your own work, even if you win (Kay v. Ehrler).
• Limited help counts. Clinics can review a draft, explain a rule or help with one step without taking the whole case.

Find free help and lawyer directories

Mistakes that sink cases

• Missing the deadline, or waiting until the last week.
• Suing someone who can't be sued for money, like a state, a state agency or (in many places) a police department.
• Writing conclusions (“they violated my rights”) instead of facts: who did what, when and where.
• Not serving every defendant within 90 days.
• Ignoring local rules on page limits, formatting, copies and response deadlines.
• Missing a court-ordered deadline or a response to a motion.
• Moving without filing a change of address.
• Putting full Social Security numbers, birthdates or children's names in public filings.
• Filing about a related criminal case without talking to your defense lawyer.
• Not keeping a copy of everything you file and receive.

Plain-English glossary

Pro se

Representing yourself without a lawyer.

§ 1983

The federal law (42 U.S.C. § 1983) for suing state and local officials who violate federal rights.

In forma pauperis (IFP)

Permission to file without prepaying the filing fee because you can't afford it.

District and division

The federal trial court for an area (a “district”) and, within it, the courthouse region (a “division”).

Venue

Which court is the right place to file.

Docket

The court's running list of everything filed in a case.

Summons

The court paper that tells a defendant they're being sued and must respond.

Service of process

Formally delivering the summons and complaint to a defendant.

Answer

The defendant's written response to each paragraph of your complaint.

Motion to dismiss

A request to throw out the case, often arguing the complaint doesn't state a legal claim.

Qualified immunity

A defense that shields officials from damages unless they violated clearly established law.

Monell claim

A § 1983 claim against a city or county based on its own policy or custom.

Statute of limitations

The deadline to file a lawsuit.

Tolling

A pause in the limitations clock, allowed only in specific situations.

Exhaustion

Using a required agency or grievance process before you can sue.

Right-to-sue notice

The EEOC letter that starts your 90 days to file a job discrimination lawsuit.

Discovery

The stage where each side gets documents, answers and testimony from the other.

Summary judgment

A ruling that decides the case without a trial because the key facts aren't genuinely disputed.

Magistrate judge / R&R

A federal judge who often handles early stages; a “report and recommendation” proposes a ruling to the district judge.

PACER, CM/ECF, NEF

The federal courts' public records system, its electronic filing system, and the email notice you get when something is filed.

Local rules

Each court's own rules, on top of the national rules.

FAQ

Sources

We link every rule to its source. Last reviewed September 24, 2026. Spot something wrong or out of date? Tell us.

• 42 U.S.C. § 1983 · § 1988 · § 1997e · 28 U.S.C. § 1915 · § 1391 · § 2401
• Federal Rules of Civil Procedure: 4, 5.2, 6, 11, 12, 15, 72
• Supreme Court: Owens v. Okure · Wallace v. Kato · Monell · Will v. Michigan · Harlow v. Fitzgerald · Heck v. Humphrey · Ashcroft v. Iqbal · Haines v. Kerner · Kay v. Ehrler · Hughes v. Rowe · Thomas v. Arn · Porter v. Nussle · Egbert v. Boule
• U.S. Courts pro se forms · District court fee schedule · JS 44
• EEOC time limits · HUD · DOJ Civil Rights Division · ADA.gov · Education OCR · SF-95