Civil Rights

Excessive Force.

Excessive force by police is judged under the Fourth Amendment's reasonableness standard.

Police may use force. They may not use unreasonable force. The whole case lives in the distance between those two sentences.

Excessive force claims are judged under the Fourth Amendment, which forbids unreasonable seizures. Courts ask whether the force was objectively reasonable from the perspective of a reasonable officer on the scene, considering the severity of the offense, whether the person posed an immediate threat, and whether they were actively resisting or fleeing. It is not judged with hindsight, and it is not judged by the officer's intentions. It is judged by what a reasonable officer would have done facing the same facts.

That makes the evidence everything. Body camera and dashcam footage, bystander video, dispatch audio, medical records, and the department's use-of-force policy together show what really happened and how far it strayed from what was allowed. Much of that footage is kept only for a limited time, so a demand to preserve it needs to go out quickly.

Then comes qualified immunity, the defense that ends most of these cases. Beating it means finding the precedent that already held similar force unconstitutional and framing your facts to it. That is careful, precedent-driven work, and it is the difference between a case that survives and one that is dismissed before trial.

From The Night Docket

The standard, from the source:

Seizure
Graham v. Connor and Tennessee v. Garner, the cases that set the rule.
Totality
Why force is judged on the whole picture, not one frozen moment.
Common Questions
How does the law decide if police force was excessive?
Under the Fourth Amendment, force must be objectively reasonable from the view of a reasonable officer on the scene, weighing the severity of the situation, the threat posed, and whether the person resisted. It is measured by that standard, not by hindsight or the officer's intent.
Why does body camera footage matter so much?
Because it shows what actually happened rather than what either side later claims. It is often the strongest evidence in an excessive-force case, and it is usually retained only for a limited time, so preserving it early is critical.

Tell me what happened.

Free consultation. No fees unless we win. Speak with me directly, not a screener.

Contact Orlando Rodriguez

(713) 239-2300