What Counts as Excessive Force? Texas Police and Jail Cases
If a police officer, deputy or jailer in Austin or anywhere in Texas hurt you, the first legal question is whether the force crossed the line. This post explains how courts decide that. For what you can do about it, see our Austin police brutality lawyer page.
What courts mean by excessive force
When police use force during a stop, an arrest or another seizure, courts judge it under the Fourth Amendment’s standard of objective reasonableness (Graham v. Connor (1989)). The question is whether the officer’s actions were objectively reasonable in light of the facts and circumstances, seen from the point of view of a reasonable officer at the scene rather than with hindsight (Graham v. Connor (1989)).
The Supreme Court has named three things courts weigh (Graham v. Connor (1989)):
- How serious the crime at issue was
- Whether the person posed an immediate threat to the safety of the officers or others
- Whether the person was actively resisting arrest or trying to get away
Courts also allow for the fact that officers often have to make split-second judgments in situations that are tense, uncertain and changing quickly (Graham v. Connor (1989)).
In 2025 the Supreme Court made clear that this review has no time limit. Courts look at the totality of the circumstances, including what led up to the force, not only the moment it was used (Barnes v. Felix (2025)).
Deadly force
Police may not use deadly force against a person who is fleeing and appears unarmed and not dangerous. Deadly force may be used to stop an escape only if it is necessary and the officer has probable cause to believe the person poses a significant threat of death or serious physical injury to the officer or others (Tennessee v. Garner (1985)).
Force in Texas jails
A different test applies to someone held in a county jail while waiting for trial. The force must have been used purposely or knowingly, and it must have been objectively unreasonable. The detainee does not have to prove the jailer meant the force to be excessive (Kingsley v. Hendrickson (2015)).
The Supreme Court listed things that can bear on that question, and said the list is not complete (Kingsley v. Hendrickson (2015)):
- The relationship between the need for force and the amount of force used
- How badly the person was hurt
- Any effort the officer made to limit the force
- How serious the security problem was
- The threat the officer reasonably perceived
- Whether the person was actively resisting
Our blog has covered Williamson County jail cases, including a settlement over in-custody police brutality and a case where jailers broke a man’s leg and hip.
Kinds of force that come up in these cases
Whether any use of force was excessive depends on the facts. These are kinds of force that often come up in these cases. They are examples, not rules about what is or is not allowed:
- Taser and other stun gun use
- Chokeholds and other neck restraints
- Restraint chairs and other restraints in jails
- “Less-lethal” rounds, such as beanbag rounds
- Police shootings
- Force used on someone who is already handcuffed or held down
In each case, courts apply the same tests: the Fourth Amendment factors for stops and arrests (Graham v. Connor (1989)), or the pretrial detainee test in jail (Kingsley v. Hendrickson (2015)).
What you can do
Excessive force cases are usually brought as federal civil rights claims under 42 U.S.C. § 1983. Our Austin police brutality lawyer page explains who can be sued, what you can recover and the deadlines that apply. If force caused a death, see our Austin wrongful death lawyer page.
Two steps matter right away:
- Get medical care, and keep a record of your injuries and treatment.
- Ask a lawyer about preserving video before it is overwritten.
Talk to an Austin excessive force lawyer
These cases are hard, but you don’t have to navigate the federal civil rights system alone. Andrew Traub takes police brutality cases in Texas state courts and the federal courts in Texas. There is no fee unless we recover for you, and your first consultation is free. Call The Traub Law Office at (512) 246-9191 or contact us online.
About Andrew Traub
