Practice Areas

Civil Rights.

The badge is power on loan. When the government crosses the line, I take the fight to federal court.

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Before you call

The situations I hear about most, answered honestly: which are cases I take, which are not, and where to go either way. Read it first → Or see where else to go.

When a government official violates your constitutional rights, it is not an ordinary injury claim. It is a federal civil rights lawsuit, and it is a different kind of fight against a different kind of opponent.

These cases are brought under a federal statute that lets a person sue state and local officials who violate the Constitution while acting under color of law. The other side is the government, defended by lawyers whose entire job is to make the case go away early. It takes a lawyer who is comfortable in federal court and who understands the defenses built to stop these claims before a jury ever hears them.

Qualified immunity is the wall

The single biggest obstacle in a civil rights case is qualified immunity. It shields an official from suit unless the right they violated was clearly established, meaning a prior court had already held that this kind of conduct, in a closely similar situation, was unconstitutional. It is a demanding standard, and it is where most cases live or die. Overcoming it takes precise legal work: finding the controlling precedent, framing the facts to it, and knowing how the Fifth Circuit has ruled on conduct like yours.

Federal civil rights claims against state and local officials arise under 42 U.S.C. Section 1983. Qualified immunity protects officials unless the constitutional right was clearly established at the time. Because Section 1983 has no limitations period of its own, Texas cases borrow the state's two-year personal-injury deadline, so acting quickly is essential.

Excessive force and the Fourth Amendment

Most police-force claims are judged under the Fourth Amendment's rule against unreasonable seizures. The question a court asks is whether the force was objectively reasonable from the perspective of a reasonable officer on the scene, weighing the severity of the situation, the threat posed, and whether the person was resisting. Body camera footage, dispatch audio, and department policy are the raw material of that analysis, and much of it is only preserved if it is demanded early.

Suing the department, not just the officer

Sometimes the problem is bigger than one officer. A city or county can be liable when its own policy, custom, or failure to train caused the violation. That kind of claim reaches the institution itself, and it is often what forces real change along with real accountability.

Common Questions
What is a Section 1983 claim?
It is a federal lawsuit under 42 U.S.C. Section 1983 against a state or local official who violated your constitutional rights while acting under color of law, such as an officer who used excessive force or arrested you without probable cause.
What is qualified immunity?
A legal defense that protects government officials from suit unless the right they violated was clearly established by prior court decisions in a closely similar situation. It is the central obstacle in most civil rights cases and overcoming it takes precise legal work.
How long do I have to file a civil rights case in Texas?
Section 1983 borrows the state limitations period, so in Texas the deadline is generally two years from the violation. Evidence like body camera footage can be lost even sooner, so it is important to act quickly.
Before you reach out

Is this a case I can take?

Almost every day someone tells me about a stop that felt wrong, and I hear you. Being treated badly by an officer is real, and it stays with you. But the cases I can actually take into federal court are a narrower thing than most people expect. Reading the two lists below will tell you, in about a minute, whether yours is one I can help with. It saves you a phone call, and it saves the people with the strongest cases the time I owe them.

A case I can usually help with
  • An officer used force and you were hurt: hit, thrown down, tased, shot, or bitten by a police dog.
  • You needed medical care afterward, such as stitches, an ER visit, surgery, a broken bone, or a lasting injury.
  • Someone was seriously hurt or died in a jail or in custody, or was denied clear medical care there.
  • You were arrested or held with no real reason, or kept for days without a charge ever being filed.
  • Police entered or searched your home without a warrant and without your permission.
Usually not a case, even when it felt wrong
  • ·A traffic stop or a ticket where no one was physically hurt.
  • ·Being pulled over, questioned, or searched during a stop, when it ended without force and without injury.
  • ·An officer was rude, unprofessional, or dishonest, but caused no physical harm.
  • ·A stop you believe was unfair or about your race, but that ended without force, injury, or an unlawful arrest.
  • This is the honest truth, not a brush-off. Qualified immunity stops most stop-only claims before a jury ever hears them, and I would rather tell you that now than leave you waiting on a call.

If yours is on the left.

Email is the fastest way to reach me for a civil rights matter. The button opens your email with the right questions already in it. Fill in what you can and send it. I read every one myself. Free, and no fees unless we win.

Email me your case details

Prefer to speak by phone? (713) 239-2300. Email usually gets you a faster, fuller answer, because I can see what happened before we talk.