Both kinds of claims cover civil rights violations that occur under the color of law. Life and/or liberty are usually the civil right(s) at issue in these cases. Furthermore, both kinds of claims originate in federal court, at least in most situations. Additionally, the controversial qualified immunity defense is usually available in both kinds of cases.

A young man of African-American descent is walking with three male friends one night in downtown Los Angeles. When leaving a bar around midnight that night, a police car stops the foursome as they are walking down the street. Two police officers leave the vehicle and approach the group. They walk up to the young African-American man and begin asking him questions about his activities and whereabouts that evening. 

Police misconduct refers to when a police officer does something against the law. Examples include falsifying reports, lying under oath, racial profiling, tampering with evidence or witnesses, and harsh interrogations.