Police Excessive Force Claims in Texas

Police may use force only when it is reasonable. When officers beat, tase, shoot, or restrain someone with more force than the situation called for, the person injured, or the family of someone killed, may have a claim under the Fourth Amendment and 42 U.S.C. § 1983. Grable PLLC represents people harmed by excessive force in San Antonio and across Texas.

The Legal Standard

Under Graham v. Connor (1989), courts ask whether the force was “objectively reasonable” in light of the facts the officer faced, considering:

• How serious the suspected offense was
• Whether the person posed an immediate threat to officers or others
• Whether the person was actively resisting or trying to flee

In the Fifth Circuit, which covers Texas, a plaintiff generally must show an injury that resulted directly and only from force that was clearly excessive and objectively unreasonable. People held in jail before trial are protected by the Fourteenth Amendment under a similar objective standard (Kingsley v. Hendrickson, 2015).

Common Excessive Force Situations

• Force used on someone who was already handcuffed or had surrendered
• Tasing or striking a person who was not resisting
• Police shootings
• Dangerous restraints, including prone restraint and chokeholds
• Police K-9 bites
• Force used against protesters or people recording police

Evidence That Matters

Body-camera and dash-camera video, bystander video, use-of-force reports, medical records, and photographs of injuries are often decisive. Texas agencies do not keep all recordings forever, so a preservation demand should be sent quickly.

Act Quickly

Excessive force claims under Section 1983 are generally subject to a two-year deadline in Texas, and related state-law notices can be due much sooner. Contact Grable PLLC to discuss your situation.

Serving Clients Statewide Across Texas

Grable PLLC · 12451 Starcrest Dr, Suite 206, San Antonio, TX 78216

210-963-5297 · intake@grable.law