What is Excessive Force?

Excessive force means any force used by law enforcement that exceeds what is necessary to gain compliance over a person. The Supreme Court case Graham v. Connor states that excessive force claims will be analyzed under the Fourth Amendment - specifically its protection against unreasonable search and seizures. Excessive force is a form of police brutality that violates the civil rights of victims.

Police are allowed to use some degree of physical force; however, it must be directly proportional to the threat faced. Force ranges from physical presence and verbal commands to lethal force with weapons. Despite being required to only respond with necessary force, there are numerous cases where police use excessive force beyond what a situation requires. And, this use of excessive force violates the Fourth Amendment rights of victims.

When someone's Constitutional rights are violated like this, victims can bring forth a civil lawsuit against the police officer. This lawsuit may even bring liability for the department and the city. If a court finds excessive force was used, the accused can be held liable for the damages caused, which can include both physical and mental harm.

If you or a loved one have been affected by police misconduct, contact the Law Offices

of Don Tittle, PLLC today at (214) 522-8400 or complete our online contact form.

The content of this blog post is for informational purposes only and does not constitute legal advice or create an attorney-client relationship.

Don Tittle

Attorney & Founder

For 35 years, Don Tittle has achieved high-profile, decisive victories in Texas courts, excelling in criminal defense, civil rights litigation, and complex wrongful death and personal injury cases. His law practice now frequently focuses (often concentrates) on cases of abuse and neglect by private jail companies, fighting for justice on behalf of vulnerable individuals.

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