Demand Letter

What It Is

A demand letter is a formal letter sent to the potential defendant before filing suit, describing what happened, what constitutional rights were violated, and what you want (usually money, policy changes, or both).

Is It Required?

No. You don’t need to send a demand letter before filing a § 1983 case. There’s no exhaustion requirement for non-prisoners. But there are strategic reasons to send one — and reasons not to.

Reasons to Send One

• Settlement without litigation — Some cities will settle early to avoid the cost and publicity of a lawsuit
• Preservation trigger — A demand letter puts the defendant on notice to preserve evidence (body camera footage, communications, records)
• Shows good faith — Demonstrates you attempted to resolve the dispute before resorting to litigation
• Establishes your narrative — Forces the city to respond to your version of events early

Reasons Not to Send One

• Tips off the defendant — Gives them time to prepare, coordinate stories, and get legal counsel before you file
• Runs the clock — If you’re close to the statute of limitations, don’t waste time on a demand letter. File first.
• May not be taken seriously — Without an attorney’s letterhead, government entities often ignore demand letters from individuals

What to Include

If you send one:

• Clear factual summary of the incident
• Identification of the officers involved
• Specific constitutional violations
• Demand for preservation of all evidence
• Specific relief requested (dollar amount, policy changes)
• Deadline for response (30 days is standard)
• Statement that you will file suit if the demand is not met

What Not to Include

• Threats beyond filing a lawsuit
• Inflammatory language or personal attacks
• Speculation about facts you can’t prove
• Your entire legal theory (save that for the complaint)