Police play an important role in any society. Where they maintain public order by stopping and deterring crime and bringing criminals to justice. In order to achieve these objectives, they have certain means of law (search, arrest, use of force that may be lethal in some cases). However, such means may be misused in a way that harms members of society such as (Exceeding the Scope of a search warrant, violation of privacy of individuals, False Imprisonment, Excessive use of force, Sudden Deaths in custody, Sexual Assault and Harassment, Failure to respond for Domestic violence calls), which raises the civil liability of police officers and their agencies for such damage. Police officers may even abuse their characteristics even outside official working hours by misusing their uniforms, identifying insignia, or the weapons they carry. This research highlights some of the fault made by police officers, that raise their civil liability in the light of American law and Iraqi law, as well as the position of the American judiciary (a rich judiciary in civil cases against police officers), which demonstrates the depth of constitutional culture The legal status enjoyed by members of the American society in terms of their knowledge of their constitutional rights, and the prosecution of those who attempt to violate them even if they are policemen. The opposite is true in Iraq, where the civil action against the police is almost too few and even rare, which demonstrates the lack of constitutional and legal culture among members of Iraqi society. Although the constitutional and legal texts in the two countries are almost identical.