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A criminal investigation asks whether the government can prove an offense and, if it brings charges, seek punishment. A civil lawsuit asks whether a plaintiff can prove a separate legal claim and obtain a civil remedy. The two proceedings may concern the same shooting, but they have different parties, purposes, legal tests, and outcomes—and a decision not to bring federal criminal charges does not by itself resolve every possible civil or state-law claim.
How the two proceedings differ
| Question | Criminal investigation or prosecution | Civil lawsuit |
|---|---|---|
| Who brings it? | Government prosecutors investigate and may bring a criminal case against an accused person. | A plaintiff brings a civil claim. In certain civil enforcement cases, the Department of Justice (DOJ) may sue a governmental authority or law enforcement agency; the parties depend on the claim. |
| What is its purpose? | To determine whether an offense can be proved and, if so, to impose punishment or another criminal sanction. | To seek a civil remedy. Depending on the legal route, that may involve relief for an individual or changes to agency policies and practices. |
| What must be proved? | DOJ describes the criminal burden as proof beyond a reasonable doubt. The elements also depend on the offense charged. | DOJ describes preponderance of the evidence as the usual civil burden. The specific claim and jurisdiction determine its elements and rules. |
| What does the result decide? | A criminal result addresses the charge and legal framework before that prosecutor or court. | A civil result addresses the particular civil claim and remedy before the court. It is not automatically decided by a criminal outcome. |
DOJ says criminal and civil cases usually are investigated and handled separately, even when they concern the same incident. DOJ’s overview of its police-misconduct laws explains that the routes are distinct; an individual civil claim must have its own legal basis.
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What a federal criminal civil-rights case must establish
One possible federal criminal route is prosecution under 18 U.S.C. § 242. This is a specific civil-rights offense, not a description of every criminal charge that might follow a fatal shooting. DOJ says the government must prove beyond a reasonable doubt that the officer acted under color of law, deprived someone of a federally protected right, and did so willfully. DOJ’s law-enforcement misconduct guidance describes willfulness as knowing the conduct was wrong and against the law, and choosing to do it anyway. Mistake, fear, misperception, or poor judgment alone does not satisfy that element under § 242.
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In its federal use-of-force examples, DOJ describes assessing whether force was objectively unreasonable in the circumstances, from the perspective of a reasonable officer at the scene rather than with hindsight. That assessment does not, by itself, establish criminal guilt: a § 242 prosecution must also meet the willfulness element and the beyond-a-reasonable-doubt burden.
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What “civil lawsuit” can mean
“Civil” does not mean one particular kind of case. A private claim by a family and a DOJ enforcement action are different routes, with different plaintiffs, legal bases, and remedies.
Private claims require their own legal basis
Whether a family can sue depends on the law that applies and the facts. DOJ’s federal criminal civil-rights statutes do not themselves create a private right of action, but that does not answer whether another statute or state-law claim may be available. This overview cannot determine standing, potential defendants, damages, deadlines, immunity, or the viability of a particular claim; those issues require the relevant jurisdiction and case facts.
DOJ’s pattern-or-practice action is not an individual family lawsuit
Under DOJ’s Police Misconduct Provision, DOJ may bring an action over a pattern or practice of conduct that deprives people of rights. The provision is not a route for suing over an isolated incident alone, and only DOJ may sue under it. Its remedies focus on injunctive relief—such as correcting policies or practices—not individual monetary compensation. Other civil statutes have different rules, so the statute matters.
Why a no-charge decision is not a civil verdict
A federal decision not to prosecute answers a question about whether federal prosecutors believe they can prove a federal offense under the applicable criminal standard. It does not, by itself, decide whether a separate civil claim exists, whether it can be proved, or whether state authorities may consider state-law issues.
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Jacob Blake federal review
In its October 8, 2021 announcement, DOJ said it would not pursue federal criminal civil-rights charges in the Jacob Blake matter because it found insufficient evidence to prove willful excessive force beyond a reasonable doubt. The announcement concerned the federal criminal review; it was not a court ruling on civil liability or on every possible civil claim. Read DOJ’s announcement.
Alton Sterling federal review
DOJ announced in 2017 that it was closing the federal investigation into Alton Sterling’s death without prosecution because the evidence did not meet the federal criminal burden. It also said it would provide the investigative file to Louisiana authorities for their state-law inquiry. That illustrates why a federal charging decision does not necessarily settle what another authority may examine under a different law. Read DOJ’s announcement.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What investigators may examine
The evidence depends on the case; there is no universal checklist. In the Alton Sterling federal review, DOJ said it examined police and civilian video, witness interviews, dispatch recordings and 911 calls, forensic reports, an autopsy, crime-scene photographs, toxicology and EMS reports, department records, officer background information, policies and training materials, and other electronic evidence. DOJ also described forensic video analysis and consultation with independent use-of-force experts.
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That example shows why the fact that a death occurred—or that a shooting is disputed—does not alone answer whether a particular offense can be proved. A civil case may rely on some of the same evidence, but it still requires proof of its own legal claim.
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How to read a case update
- Identify who made the decision. A federal prosecutor’s decision concerns a federal case; it does not automatically speak for state authorities or a civil court.
- Identify the legal route. A federal criminal civil-rights prosecution, a private civil claim, and a DOJ pattern-or-practice action are not interchangeable.
- Check what the stated reason addresses. A conclusion that prosecutors cannot prove willfulness beyond a reasonable doubt is not the same as a finding that no civil claim can be brought.
- For a specific family’s options, consult a lawyer in the relevant jurisdiction. Potential claims, deadlines, immunity rules, and defendants turn on local law and case facts.
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