When a San Antonio police officer, a Bexar County deputy, or an officer from a nearby city violates someone's constitutional rights, federal law allows a civil lawsuit for damages. Grable PLLC is a civil rights law firm based in San Antonio that handles these police misconduct cases. This page explains, in general terms, how suits against local law enforcement in the San Antonio area work. For a statewide overview, see our civil rights litigation page and our guide to Section 1983 and police misconduct.
Most local police misconduct cases name two kinds of defendants: the individual officers involved and the government that employs them. Which government that is depends on which agency was involved:
Identifying the right agency early matters, because each government has its own records custodian, its own policies, and in some cases its own notice rules.
42 U.S.C. §1983 allows a person to sue anyone who, acting under color of state law, deprives them of rights secured by the Constitution or federal law. Common police misconduct claims include excessive force, false arrest, unlawful searches, and retaliation for protected speech, such as recording the police in public.
A city or county is not automatically responsible for every wrong its officers commit. In Monell v. Department of Social Services, 436 U.S. 658 (1978), the Supreme Court held that a local government cannot be held liable under §1983 solely because it employs a wrongdoer. Instead, the government itself is liable when the execution of its policy or custom causes the constitutional injury.
In practice, a claim against the City of San Antonio or Bexar County usually rests on one of these theories:
Our guide to suing a city under Monell covers these theories in more detail.
Individual officers often raise qualified immunity. Under Harlow v. Fitzgerald, 457 U.S. 800 (1982), government officials performing discretionary functions are generally shielded from damages unless their conduct violated clearly established statutory or constitutional rights of which a reasonable person would have known. Qualified immunity is a defense for individuals, not for cities and counties; in Owen v. City of Independence, 445 U.S. 622 (1980), the Supreme Court held that a municipality has no immunity from §1983 liability flowing from its constitutional violations. Read more on our qualified immunity page.
Some claims against Texas governments arise under state law, including the Texas Tort Claims Act. Section 101.101(a) of the Texas Civil Practice and Remedies Code requires a governmental unit to receive notice of a claim within six months after the incident, describing the damage or injury, the time and place of the incident, and the incident itself. Section 101.101(b) ratifies city charter notice provisions, which can be shorter than six months, and §101.101(c) states that formal notice is not required if the governmental unit has actual notice of the death, injury, or property damage. See the official text of Chapter 101.
The City of San Antonio's charter has its own notice-of-claim provision, and the City's notice of claim materials describe a 90-day written notice period. Anyone considering a state-law claim against the City should review the current charter text and the City's notice procedures with a lawyer, because that period is shorter than the six-month statutory period.
These state and city notice requirements do not apply to federal civil rights claims under 42 U.S.C. § 1983. The Supreme Court held that a state notice-of-claim statute is preempted when a § 1983 claim is brought in state court, and federal courts likewise do not apply those rules to § 1983 claims. Felder v. Casey, 487 U.S. 131 (1988). A § 1983 claim is instead governed by the two-year limitations period that applies in Texas.
The Tort Claims Act also has limits that matter in police cases. Section 101.057(2) excludes claims arising out of assault, battery, false imprisonment, or other intentional torts, so many police force and arrest claims proceed under §1983 rather than state law.
Section 1983 has no limitations period of its own. In Owens v. Okure, 488 U.S. 235 (1989), the Supreme Court held that §1983 claims borrow the state's general or residual personal injury limitations period. In Texas, that is the two-year period in §16.003(a) of the Civil Practice and Remedies Code. When the clock starts, and whether anything pauses it, depends on the type of claim. See our Section 1983 deadlines guide.
Section 1983 cases may be filed in federal court. Under 28 U.S.C. §124(d)(4), Bexar County is part of the San Antonio Division of the U.S. District Court for the Western District of Texas, so most federal civil rights suits arising from incidents in San Antonio and Bexar County are filed in that division. Our Western District of Texas page has more background.
Evidence in police cases can be lost or overwritten. These steps help preserve it:
Grable PLLC represents people in civil rights cases against police departments and local governments in San Antonio and across Texas. To discuss what happened, contact our office:
This page is general information about Texas and federal law, not legal advice for your situation. Laws and court decisions change, and every case turns on its own facts. Contacting Grable PLLC does not create an attorney-client relationship.
SAPD is a department of the City of San Antonio, so a lawsuit over SAPD conduct is generally brought against the individual officers and, where the facts support it, the City itself. A claim against the City under §1983 requires showing that a city policy, custom, or failure to train caused the violation.
Claims involving BCSO deputies are generally brought against the deputies and Bexar County. As with a city, the County is liable under §1983 only when its own policy or custom caused the violation.
Those cities run their own police departments. A claim is brought against the city that employed the officer and the officer, not the City of San Antonio. Each city may have its own records process and notice procedures.
Section 1983 claims in Texas generally must be filed within two years, borrowed from Texas personal injury law. State-law claims against a government can carry much shorter notice deadlines, including the six-month notice in the Texas Tort Claims Act and city charter provisions. Those notice rules do not apply to the § 1983 claim itself. See our <a href="/section-1983/deadlines/">deadlines guide</a>.
Federal civil rights cases arising in Bexar County are generally filed in the San Antonio Division of the U.S. District Court for the Western District of Texas.
You can make a written request to SAPD for the recording. Under article 2B.0112 of the Code of Criminal Procedure, the request must include the date and approximate time, the specific location, and the name of at least one individual known to be a subject of the recording. Many recordings are not public, and some may be withheld, for example when release would interfere with an investigation or prosecution.
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To discuss a police misconduct matter in San Antonio or Bexar County, contact Grable PLLC at (210) 963-5297 or intake@grable.law. Calls and emails are accepted 24/7; office visits are by appointment only.
