Preparing Your Case

Why preparation comes first

Most pro se § 1983 cases die at the motion to dismiss stage. The reason is almost always the same: the complaint doesn’t contain enough specific facts to satisfy the plausibility standard set by Ashcroft v. Iqbal and Bell Atlantic v. Twombly.

“Officer Smith used excessive force” is a legal conclusion. A judge will ignore it. “Officer Smith struck Plaintiff in the head with a closed fist three times while Plaintiff was handcuffed and lying face-down” is a factual allegation. The second version survives because it contains facts — specific, verifiable, plausible facts.

Where do those facts come from? You already have some — you were there. But your memory alone isn’t enough. You need documents, footage, data, and records that corroborate what happened and reveal what you don’t yet know.

The critical insight: most of this evidence is available through public records requests before you file suit. Once you file, agencies often become less cooperative, and you’ll have to fight for records through formal discovery — a slower, more adversarial process. Get what you can now.

This stage has two parts:

1. Gathering your evidence — FOIA requests, body camera footage, statistical data
2. Organizing your war room — folder structure, strategy documents, case timeline

What you’re building toward

By the time you finish this preparation stage, you should have:

• Body camera footage (or a documented refusal to provide it)
• Incident reports, arrest reports, use-of-force reports
• Dispatch audio and CAD records
• Department policies relevant to your claims
• Complaint history for the officer(s) involved
• Statistical data comparing your officer(s) to department-wide patterns
• A chronological timeline with source citations
• An organized case file you can navigate without searching
• Strategy documents mapping each claim to its elements and evidence
• An honest assessment of your case’s weaknesses

Not every item will be available in every case. Some agencies will deny requests or drag their feet. That’s fine — document the denials. A refusal to produce public records is itself evidence, and it becomes relevant if you later bring spoliation claims or argue deliberate indifference to accountability.

How long this takes

Plan for 6 months or more before you’re ready to file. That sounds like a long time. It isn’t.

You’re not just collecting records during this period — you’re learning an entirely new field. Constitutional law, civil procedure, qualified immunity, Monell liability, the plausibility pleading standard. The more you learn, the more clearly you see your own evidence. Facts that seemed minor when you started — the officer’s tone of voice, the sequence of commands, the backup officer who stood and watched — become significant once you understand the legal frameworks they fit into.

A complaint written after two weeks of preparation reads like a victim’s account. A complaint written after six months of preparation reads like a lawyer’s. The judge can tell the difference, and so can the defense attorneys deciding whether to take your case seriously or steamroll you at the motion to dismiss.

What changes with more preparation time:

• You start seeing your evidence the way a judge would — not emotionally, but analytically
• You learn to map every fact to a specific legal element, not just tell a story
• You anticipate the defense’s arguments before they make them
• You identify your own weaknesses before opposing counsel exploits them
• You write a complaint that’s harder to dismiss, harder to attack, and harder to ignore

Use this time. Every fact you nail down now is a fact the defense can’t muddy later. Every document you obtain now is one you won’t have to fight for in discovery. Every statistical pattern you identify now is one that transforms a conclusory allegation into a plausible claim.

The statute of limitations clock

While you prepare, the clock is running. § 1983 borrows the state’s personal injury statute of limitations — typically 2–3 years from the date of the incident. In Texas, it’s 2 years. In New York, it’s 3.

Don’t let preparation become procrastination. If you’re within 8 months of the deadline, consider filing first and preparing in parallel. A thin complaint that preserves your claims is better than a perfect complaint filed one day late.

If you’re within 90 days, stop preparing and file now. You can amend your complaint later with the additional facts.

Cost

• FOIA/open records requests: Free to $0.25/page (varies by state and agency)
• Certified copies: $1–5 per document (if needed for filing)
• Body camera footage: Free to $25 (some agencies charge for media)
• Your time: Significant — plan for 2–4 hours per week during this phase

Before you file, stress-test your case — tear apart your own complaint the way the defense will. Every claim that survives your own scrutiny will be stronger when it faces theirs.

Template: Evidence Preservation Demand Letter

Send this immediately — before your FOIA requests, before your complaint, as early as possible. This creates a dated record that the agency was on notice to preserve evidence. If records later disappear, this letter is the foundation of a spoliation argument.

Send by certified mail, return receipt requested. Keep the receipt.

[Your Name] [Your Address] [Your Email] [Date]

Via Certified Mail, Return Receipt Requested

[Chief of Police Name] [Police Department Name] [Department Address]

[City Attorney Name] [City Attorney’s Office] [City Attorney Address]

[Records Custodian Name/Title] [Department Records Division] [Records Division Address]

Re: Preservation Demand — Incident on [Date] at [Location]

Dear [Chief / City Attorney / Records Custodian]:

I write to demand the immediate preservation of all records, documents, data, and evidence related to an incident that occurred on [date] at approximately [time] at or near [location], involving [your name] and officers of the [Department Name].

I anticipate filing a civil rights action under 42 U.S.C. § 1983 arising from this incident. This letter constitutes formal notice of a litigation hold. Destruction, alteration, or loss of any responsive materials after receipt of this demand may constitute spoliation of evidence, subject to adverse inference and court-imposed penalties.

Materials to be preserved include, but are not limited to:

1. All body-worn camera footage from every officer present at or responding to the incident, including pre-event buffer recordings
2. All dashboard camera footage from every vehicle dispatched to or present at the scene
3. All dispatch audio recordings and Computer-Aided Dispatch (CAD) logs related to the incident, including the initial call and all dispatched units
4. All incident reports, arrest reports, supplemental reports, and use-of-force reports filed by any officer in connection with the incident
5. All photographs and video taken by any officer or department employee at the scene, during transport, or during booking
6. All booking records, including intake photographs, medical screening forms, and property inventories
7. All communications — including emails, text messages, radio transmissions, and internal messaging — between any officers, supervisors, or department personnel regarding the incident or regarding [your name]
8. All internal affairs complaints, investigations, and disciplinary records for the involved officers for the past five years
9. All training records for the involved officers, including use-of-force training, de-escalation training, First Amendment training, and body camera policy training
10. All department policies and procedures in effect on the date of the incident, including use-of-force policy, arrest policy, body camera policy, and citizen complaint policy
11. All surveillance camera footage from fixed cameras in the area of the incident
12. All records related to prior § 1983 lawsuits or civil rights complaints against the involved officers

This demand applies to all formats — paper, electronic, audio, video, and metadata. It applies to all custodians, including individual officers, supervisors, the records division, the IT department, internal affairs, and the city attorney’s office.

Please confirm receipt of this demand and implementation of the litigation hold in writing within ten (10) business days.

Sincerely,

[Your Name]

cc: [Your attorney, if applicable]

Notes:

• Address it to multiple recipients — chief, city attorney, records custodian. The more people on notice, the harder it is to claim ignorance later.
• Keep a copy of the signed letter, the certified mail receipt, and the return receipt card.
• If you don’t receive confirmation within 10 business days, send a follow-up referencing the original demand and noting the lack of response.

Next steps

Start with gathering your evidence — the FOIA requests that will form the backbone of your complaint.