In practice, such prosecutions and investigations are rare. Local police are often reluctant to cooperate, with some outright refusing to comply, forcing additional litigation, which raises costs and delays reforms. The DOJ’s Civil Rights Division has only fifty lawyers, some of whom are assigned to other tasks.46 In individual actions, the standard of proof requires that there be evidence of intent to deprive someone of their rights. Actions undertaken in the heat of the moment combined with any indication of a possible threat to the officer generally undermine such prosecutions.
