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Outbyte Driver Updater FREEScan for outdated or missing drivers - takes under a minuteDriver Scan →Outbyte PC Repair FREEClear out junk files and repair common Windows errorsFree Scan →A criminal case asks whether the government can prove an offense and punish the accused; a civil lawsuit asks whether a plaintiff can prove a legal claim and obtain a civil remedy. The proceedings can concern the same fatal shooting, but they are separate legal tracks with different parties, purposes, proof requirements and outcomes. A federal decision not to prosecute does not, by itself, resolve every possible civil claim or state-law question.
How the two proceedings differ
| Question | Criminal investigation or prosecution | Civil lawsuit |
|---|---|---|
| Who brings it? | Government prosecutors investigate and, if they decide to charge, bring a case against an accused person. | A plaintiff brings a claim. Depending on the legal route, a plaintiff may be an individual or another party; DOJ may also bring certain civil enforcement actions against a government authority or law enforcement agency. |
| What is its purpose? | To determine whether an offense can be proved and, if so, impose punishment or another criminal sanction. | To seek a civil remedy available for the particular claim. That remedy may concern an individual claim or, in a distinct DOJ enforcement action, changes to agency policies and practices. |
| What is the usual proof standard? | DOJ describes the criminal standard as proof beyond a reasonable doubt. | DOJ describes preponderance of the evidence as the usual civil standard. The claim and jurisdiction determine the specific elements and rules. |
| Does one decide the other? | Not automatically. DOJ says criminal and civil matters usually are investigated and handled separately, even when they concern the same incident. | The civil claim needs its own legal basis and proof. The result of a criminal review does not itself decide every separate civil or state-law question. |
These are general distinctions, not a complete guide to every state’s criminal law, civil claims, deadlines, immunities or court procedures. DOJ’s overview of the laws it enforces is available in Addressing Police Misconduct Laws Enforced By The Department Of Justice.
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What a federal criminal civil-rights case must prove
One specific federal route is prosecution under 18 U.S.C. § 242. DOJ says the government must prove beyond a reasonable doubt that an officer, acting under color of law, deprived someone of a federally protected right and did so willfully. DOJ 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 establish willfulness under this statute. These requirements belong to this federal civil-rights framework; they should not be treated as the elements of every possible criminal charge after a shooting.
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“Civil lawsuit” can mean different legal routes
A private civil claim and a DOJ pattern-or-practice action are not interchangeable. DOJ’s Police Misconduct Provision concerns a pattern or practice, not simply one isolated incident. Only DOJ may sue under that provision, and its remedies focus on injunctive relief rather than individual monetary relief. It is therefore not the same thing as a family’s private lawsuit.
DOJ also explains that the federal criminal civil-rights statutes it describes do not create a private right of action. That does not mean that no private civil claim could ever be available under another law: the relevant statute, jurisdiction and facts matter. Whether a particular family has standing, a viable cause of action, a proper defendant or a route to damages cannot be determined from the fact of a federal criminal review alone.
Can a family sue if the officer isn’t charged?
A decision not to charge an officer is not automatically a civil verdict. Criminal prosecutors decide whether the evidence meets the criminal standard for a particular offense; a civil plaintiff must identify a separate legal claim and establish its requirements. The claims, parties and available remedies vary, and deadlines or immunity rules may affect a specific case. Those questions require the relevant jurisdiction and facts, so this general comparison cannot determine whether a particular family can sue.
Why a criminal review may end without charges
In its review of the Jacob Blake shooting, DOJ said it would not pursue federal criminal civil-rights charges because it found insufficient evidence to prove willful excessive force beyond a reasonable doubt. That announcement describes the outcome of the federal criminal review; it is not a court judgment deciding whether a civil claim existed or whether anyone was civilly liable. See DOJ’s October 8, 2021 announcement, updated February 6, 2025.
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In the Alton Sterling matter, DOJ likewise closed its federal investigation without prosecution after concluding the evidence did not meet the federal criminal burden. DOJ said it would provide the investigative file to Louisiana authorities for their state-law inquiry. The example shows why a federal decision should not be taken as the answer to every question another authority or legal route may address. See DOJ’s June 9, 2017 announcement.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What investigators may examine
There is no single checklist that every investigation must follow. In the Sterling federal review, DOJ described examining police and civilian video, witness interviews, dispatch recordings and 911 calls, forensic reports, an autopsy, crime-scene photographs, toxicology and EMS reports, department documents, officer background, policies and training materials, and other electronic evidence. DOJ also described forensic video analysis and consultation with independent use-of-force experts.
Those materials can bear on what happened and on whether the elements of a particular offense can be proved. A separate civil case may use overlapping evidence, but it remains governed by its own claim and proof requirements.
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