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In order to bring an action under 1983, there has to be an actual civil right violated. If there is no civil right, then 1983 does not apply. There is no actual civil right being infringed under the US Constitution by them not immediately taking your complaint about the police. The violation you are alleging is a violation of a policy set up by the Attorney General, not even a New Jersey statute.
Thus, you are referring to a recent "opinion" on "policy" of the Attorney General. The Attorney General does not make laws under the Constitutional separation of powers, the legislature makes laws, the governor (in this case) enforces laws and the courts say what those laws are.
Thus, if a local department is not following the new policy opinion by the Attorney General, which does not carry the force of law because there is no NJ Statute enacted by the legislature stating that complaints must be handled in the way the Attorney General is suggesting in their policy opinion, your recourse when a department is not abiding by the policy would be to file a complaint with the NJ State Attorney General against the department and they must handle the adherence to administrative policy.
If a department is flat out refusing to take a complaint against officers (regardless of their system of intake be it immediate or by allowing a complainant to leave a message and then responding to those messages when manpower is available) then the citizen's recourse is that instead of having IAD investigate the complaint they can file a civil suit (possibly even a 1983 suit) against the department and the officer for the alleged violation that the citizen was calling IAD to try to report. This is the alternative recourse that can be taken in addition to reporting the department to the Attorney General for not having an IAD system set up in accordance with the AG opinion policy.
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