Section 1983 & Police Misconduct
Unlawful arrests, excessive force, retaliation, and other constitutional violations by police and government officials.
Deaths Caused by Police or in Government Custody
Losing a loved one to a police shooting, a dangerous restraint, or neglect in a jail is devastating. Texas and federal law give certain family members and the estate the right to seek accountability. Grable PLLC handles death cases only when police or other government officials are involved, such as deaths from use of force or deaths in custody. We do not handle general wrongful death cases or other injury claims.
Who Can Bring a Claim
Under the Texas Wrongful Death Act (Tex. Civ. Prac. & Rem. Code ch. 71), the surviving spouse, children, and parents of the person who died may bring a claim. A separate survival claim belongs to the estate and covers what the person who died could have recovered. Section 1983 claims arising from a death are generally brought by those same family members and the estate.
Types of Cases
- Fatal police shootings
- Deaths from tasers, chokeholds, or prone restraint
- Deaths in jail from untreated medical or mental-health emergencies
- Suicides in custody after warning signs were ignored
- Deaths during police pursuits
Deadlines
Wrongful death and Section 1983 claims in Texas generally must be filed within two years of the death, and notice to a governmental body under the Texas Tort Claims Act or a city charter can be due within months. Jail and police video may be overwritten, so families should act early.
Serving Clients Statewide Across Texas
Grable PLLC · 12451 Starcrest Dr, Suite 206, San Antonio, TX 78216
Police and In-Custody Death Questions
Who can bring a claim after a death caused by police or in custody?
Under the Texas Wrongful Death Act, the surviving spouse, children, and parents of the person who died may bring a claim, and the estate’s personal representative may bring a separate survival claim. Section 1983 claims arising from the death are generally brought by those same family members and the estate.
How long does a family have to file?
Generally two years from the date of death, but notice requirements for claims against governmental bodies can be much shorter.
Do you handle other wrongful death cases?
No. Grable PLLC handles death cases only when police or other government officials are involved, such as use of force or deaths in jail or other custody.
Related Practice Areas
Anti-SLAPP (TCPA) Defense
Sued for speaking out? The Texas Citizens Participation Act can end meritless suits early and shift fees.
YouTube & Content Creators
First Amendment, defamation, TCPA, and the right to record police and public officials.
Second Amendment Rights
Section 1983 challenges, unlawful firearm seizures, and getting seized firearms returned.
See also: case results, case updates, and articles on the blog.
Talk with Grable PLLC. Call 210-963-5297 or email intake@grable.law. Calls and emails accepted 24/7.
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