Excessive Force Claims Under Section 1983

Federal law, 42 U.S.C. §1983, lets a person sue a state or local officer who violates their constitutional rights while acting under color of law. When an officer uses more force than the Constitution allows during an arrest, stop, or other seizure, the claim is usually brought under the Fourth Amendment.

The legal test: objective reasonableness

In Graham v. Connor, 490 U.S. 386 (1989), the Supreme Court held that excessive force claims arising from an arrest or other seizure are judged under the Fourth Amendment's "objective reasonableness" standard. Courts look at the situation from the view of a reasonable officer on the scene, not with hindsight, and they do not consider the officer's motives.

Graham lists factors courts weigh:

• how serious the suspected crime was;
• whether the person posed an immediate threat to the safety of officers or others;
• whether the person was actively resisting or trying to flee.

Courts also consider how quickly the situation was changing, whether the person was already restrained, and whether officers kept using force after any threat had ended.

Deadly force

In Tennessee v. Garner, 471 U.S. 1 (1985), the Supreme Court held that police may not use deadly force to stop a fleeing suspect unless the officer has probable cause to believe the suspect poses a significant threat of death or serious physical injury to the officer or others. Claims arising from a death are discussed on our police and in-custody deaths page.

What the Fifth Circuit requires

Federal courts in Texas follow Fifth Circuit precedent. Under cases such as Deville v. Marcantel, 567 F.3d 156 (5th Cir. 2009), a plaintiff generally must show an injury that resulted directly and only from a use of force that was clearly excessive, and that the excessiveness was clearly unreasonable. The injury does not have to be severe, but it must be more than de minimis when judged in context.

Qualified immunity

Officers sued individually usually raise qualified immunity, arguing that no prior case clearly established that their specific conduct was unconstitutional. See our qualified immunity guide.

Evidence that tends to matter

• body-worn and dash camera video, and bystander recordings;
• 911 calls, dispatch audio, and computer-aided dispatch logs;
• use-of-force reports and internal affairs files;
• medical records and photographs taken soon after the incident;
• witness names and contact information.

Many of these records are held by the agency, so it helps to request them early. Our article on getting body camera footage in Texas explains the public information process.

Who can be sued

Individual officers can be sued for their own conduct. A city or county can be sued only if its own policy, custom, or training failure caused the violation. See suing a city under Monell. Filing deadlines are covered in §1983 deadlines in Texas. For an overview of how we approach these cases, see our excessive force practice page.

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.