Individual pursuit of Official Oppression Charge

[C. Richard Archie]

Several question for the more learned of our Association.

What options are there for an individual to pursue "Official Oppression" charges, if said individual has reason to believe that such action is warranted.

Per TCA 39-16-403. Official oppression. —

(a) A public servant acting under color of office or employment commits an offense who:
(1) Intentionally subjects another to mistreatment or to arrest, detention, stop, frisk, halt, search, seizure, dispossession, assessment or lien when the public servant knows the conduct is unlawful; or
(2) Intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity, when the public servant knows the conduct is unlawful.
(b) For purposes of this section, a public servant acts under color of office or employment if the public servant acts, or purports to act, in an official capacity or takes advantage of the actual or purported capacity.
(c) An offense under this section is a Class E felony.
(d) Charges for official oppression may be brought only by indictment, presentment or criminal information; provided, that nothing in this section shall deny a person from pursuing other criminal charges by affidavit of complaint.

As I can find no precedent for a Citizen Grand Jury in TN Law, it appears that it would be necessary to convince a Prosecutor or Judge to convene a Grand Jury in order for an individual citizen to avail themselves of the required procedural methods, indictment or presentment.

One question is, what does the "criminal information" portion of the section (d) involve, and second, is that a Grand Jury action as well? Third, could Official Oppression charges be brought by an individual via an affidavit of complaint through a local General Sessions Court?

I am concerned that one Public Official (DA or Prosecutor) is going to be reluctant to take part in charging a fellow Public Official or taxpayer funded entity.