When a police officer or another government official uses excessive force or violates your constitutional rights, federal law gives you the right to hold them accountable. Our firm took the civil rights case Barnes v. Felix from a Houston traffic stop to the U.S. Supreme Court, where the Court ruled unanimously for the family. That ruling now governs excessive-force cases in every federal court in the country.
Civil Rights Cases We Handle
- Police excessive force, including shootings, tasings, chokeholds and beatings
- Deaths caused by police, through wrongful death and survival claims brought by the family and the estate
- False arrest and unlawful detention
- Abuse, neglect and denial of medical care in jails and detention facilities
- Claims against cities and counties whose policies, training or customs led to the violation
How Civil Rights Claims Work
Most civil rights cases against officers are brought under a federal law, 42 U.S.C. § 1983, which allows people to sue government officials who violate their constitutional rights. Which constitutional right applies depends on the situation:
- Fourth Amendment. Excessive force during an arrest, a traffic stop or another seizure is judged by whether the force was objectively reasonable under all the circumstances. After Barnes v. Felix, courts must look at the totality of the circumstances, including the events leading up to the moment force was used, not just the final seconds.
- Fourteenth Amendment. People held in jail before trial are protected against force and conditions that amount to punishment, and against deliberate indifference to serious medical needs.
- Eighth Amendment. People serving a sentence are protected against cruel and unusual punishment.
Qualified Immunity and Holding Cities Accountable
Officers often defend these cases by raising qualified immunity, a doctrine that can shield officials from liability unless they violated clearly established law. Overcoming it takes careful research and a detailed factual record. Cities and counties cannot be held liable just because they employ an officer, but they can be liable when their own policies, customs or failure to train caused the violation. We investigate both the officer’s conduct and the department behind it.
What Compensation May Be Available
Depending on the case, damages can include medical expenses, lost income, pain and mental anguish, and, in a death case, losses suffered by the family. Punitive damages may be available against individual officers in some cases, and federal law allows a winning plaintiff to seek attorney’s fees.
Deadlines Can Be Short
Federal civil rights claims arising in Texas generally must be filed within two years. Claims under Texas law against cities, counties and other government entities can require formal written notice within six months, and some city charters require notice even sooner. Waiting can cost you important claims.
What to Do Now
- Get medical care and keep every record, photo and bill
- Write down what happened, including officer names, badge numbers and patrol car numbers if you have them
- Identify witnesses and any nearby cameras, including doorbell and business cameras
- Do not discuss the incident on social media
- Talk with an attorney quickly, so body camera and dash camera footage can be requested and preserved
Experience at Every Level
Civil rights cases are often fought over legal doctrine, and many are decided on appeal. Our attorneys have handled a civil rights case from the federal trial court, through the Fifth Circuit, to the U.S. Supreme Court. We bring that experience to every case, from the first investigation through trial and appeal. Past results do not guarantee a similar outcome in any future case.
Frequently Asked Questions
Can I sue if I was arrested or charged? Often, yes. An arrest or a criminal charge does not by itself prevent a civil rights claim for excessive force, though a pending criminal case can affect timing and strategy. Can a family sue if a loved one was killed by police? Yes. Texas law allows certain family members to bring wrongful death claims, and the estate can bring claims for what the person suffered before death. Will my case go to federal court? Most § 1983 cases are filed in federal court, though some can be filed in state court. We will explain where your case belongs and why.
