Police Brutality Lawyer

By Andrew Traub

Austin Police Brutality Lawyers – Traub Law Office Legal Solutions

When protectors become perpetrators, it creates a harsh reality. This page provides an overview of police brutality claims in Austin, Texas, and the legal options available to victims. Our team of dedicated Austin police brutality lawyers pursues financial compensation and, where appropriate, works toward disciplinary action against the officers and departments involved.

Understanding Police Brutality

Police brutality refers to the excessive use of force by law enforcement. It can take many forms, including physical assault, verbal abuse, racial profiling, and psychological intimidation, and in the most severe cases it results in wrongful death. It’s a significant public concern nationally, and Austin has had its own high-profile cases.

Recent Police Brutality Cases in Texas

Two cases in particular shaped public understanding of this issue in Austin. In April 2020, Mike Ramos, an unarmed Black and Latino man, was fatally shot by an Austin police officer while seated in his car, leading to widespread protests and calls for reform. That same summer, Justin Howell, a Texas State University student, suffered a serious brain injury when he was struck in the head by a “less-lethal” beanbag round fired by police during a protest. Both cases remain touchstones in ongoing conversations about accountability and use-of-force policy in Austin.

The legal landscape around these cases is also shifting. In May 2025, the U.S. Supreme Court ruled unanimously in Barnes v. Felix that courts evaluating a police shooting must consider the “totality of the circumstances” leading up to the use of force — not just the final seconds before it happened. That shift matters directly for how future excessive force cases, including in Texas, get argued and decided.

Why These Cases Run Through Federal Law, Not Ordinary Texas Injury Law

This is the part most people don’t expect: Texas’s own state law limits your options. The Texas Tort Claims Act waives governmental immunity only in narrow circumstances, and it specifically excludes intentional torts — including assault and battery, which is what excessive force legally is — from that waiver. In practice, that means an ordinary state-law personal injury claim against a police department usually doesn’t work.

That’s why almost every viable police brutality case is instead brought under federal law — specifically 42 U.S.C. § 1983, part of the Civil Rights Act of 1871 — which allows you to sue an officer, and in some cases the city or department itself, for violating your constitutional rights while acting under color of law. This is a genuinely different legal track than a typical injury case, with its own court system, its own procedural rules, and its own central defense: qualified immunity, a doctrine that shields officers from liability unless their conduct violated a constitutional right that was already “clearly established” by prior case law. Overcoming it is usually the central fight in any police brutality case.

Legal Claims Available for Victims

1. Civil Rights Claims: Filed under Section 1983 of the Civil Rights Act, these are the primary path for most police brutality victims, addressing violations of constitutional rights by law enforcement.
2. Personal Injury Claims: Where governmental immunity doesn’t bar the claim — for example, against a private security contractor, or in limited circumstances involving negligence rather than intentional force — a personal injury claim may cover medical expenses, lost wages, and pain and suffering.
3. Wrongful Death Claims: If police brutality causes a death, surviving family members can pursue a wrongful death claim for the family’s own losses.

Who Can File a Section 1983 Claim in Austin?

Section 1983 claims empower individuals to hold government officials accountable for violating their constitutional rights. This includes:

• Victims of excessive force, unlawful arrest, or other misconduct by law enforcement or government representatives
• Cases where government officials acted within their official capacity while abusing their power and compromising individual rights

Who Can Be Sued Under Section 1983?

Section 1983 applies to a broad range of government officials, including:

• Law enforcement personnel, from officers to administrators
• Corrections staff, including jail and prison officials
• Public educators and administrators
• Municipal and state employees
• Anyone wielding government authority who violates constitutional rights

Holding the department or municipality itself liable — not just an individual officer, who often has limited resources to pay a judgment — typically requires showing the misconduct reflects an official policy, a pattern the department tolerated, or a documented failure to train or supervise. That’s why a thorough investigation into an officer’s and department’s history is often as important as the incident itself.

What to Do If Your Constitutional Rights Are Violated

• Document every detail — dates, times, witness information, and any video — as soon as it’s safe to do so
• Seek medical attention if you’re injured, and keep a record of treatment and expenses
• Preserve video evidence quickly; body camera footage in particular is often retained only for a limited period
• Consult with an attorney experienced in Section 1983 claims and qualified immunity before giving a statement to internal affairs or the department

Compensation in Police Brutality Cases

Victims of police brutality in Austin can pursue several types of damages through a civil claim. Economic damages cover objective financial losses — medical bills, surgery and rehabilitation costs, ongoing therapy, lost wages, and diminished future earning capacity. Non-economic damages address the less tangible but equally real harm: physical pain and suffering, emotional distress, and loss of enjoyment of life. In cases involving especially reckless or malicious conduct, Texas courts may also award punitive damages, intended to punish the misconduct and deter future abuses.

The overall value of a case depends on the severity of the misconduct, the extent of your injuries (physical and psychological), your medical costs and recovery, the impact on your daily life and ability to work, and the strength of the evidence connecting the misconduct to your harm. No two cases are identical, and an experienced attorney works with medical professionals, financial specialists, and care planners to fully document every category of loss.

How Long Do You Have to File a Police Brutality Lawsuit?

In Texas, the window to file most police misconduct lawsuits — whether under state law or federal Section 1983 — is typically two years from the date of the incident. This statute of limitations protects your rights by putting a clear deadline on when you can seek justice, but there are exceptions, and claims against government entities or certain public officials can carry shorter notice deadlines. Evidence can disappear quickly and memories fade, so acting promptly matters as much as the deadline itself.

Why Choose the Traub Law Office

Police brutality cases require more than general injury-law experience — they require familiarity with constitutional law, Section 1983 procedure, and the specific ways courts apply (and sometimes narrow) qualified immunity. Our attorneys:

• Build the constitutional case, not just the injury case — identifying the specific right violated and the evidence needed to overcome qualified immunity
• Investigate thoroughly, including an officer’s and department’s disciplinary history, training records, and any pattern of similar incidents
• Litigate, not just negotiate — police misconduct cases are rarely resolved through early settlement, and defendants take a case more seriously when the attorney has a real record of taking cases to trial
• Provide personalized representation — you’ll work directly with an attorney who understands the specific facts of your case, not a generic intake process

Contact Austin Police Brutality Lawyers Now

The Traub Law Office is ready to provide dedicated legal guidance for police brutality victims. Call us at (512) 246-9191 or fill out our form for a free, confidential consultation.