What is police brutality in the State of Texas?

Asked over 4 years ago - San Antonio, TX

A family member was submitted to the most horifying experienced with two police officers over nothing, yet he was injured pretty bad. The cops wrote things on the report that were not true, and he was arrested based on the false information submitted by these cops. I don't think that the cops should have acted that way, but they did. Is there anything that can be done? Are there laws to protect the innocent against police brutatlity in Texas? Or one has to accept the fact that police officers are the law and what they say its what happened?

Attorney answers (2)

  1. Robert Smead Hogan

    Pro

    Contributor Level 13

    Answered . Regardless of whether they are a police officer or a civilian, no one should be above the law. Police officers are bound by law and the Constitutions and statutes of the United States and the State of Texas, and must follow those laws.

    The law that prevents excessive use of force is found at Chapter 42, Section 1983 of the United States Code, and is often referred to merely as "1983" This law makes it illegal for an agent of the federal, state, or municipal government to improperly deprive someone of civil rights under authority of law.

    What determines whether a police officer's actions violate the law? THe answer comes down to a question of reasonableness. If the officer reacted unreasonably, given what the officer knew at the time, then the officer may be held liable for injuries that resulted. You may also be able to recover attorneys fees.

    1983 cases are hard. They must be filed in federal court, and very often are difficult cases to win, just because there is a natural tendency for juries to want to believe what police officers say. That being said, you should definitely contact an attorney about the specific facts of your situation to discuss whether it would be adviseable or appropriate to pursue legal action based on the facts of what happened to your family member.

    Please feel free to contact me if you have more questions.

  2. Leo Glickman

    Contributor Level 11

    Answered . It sounds he may have a good case for false arrest, malicious prosecution and excessive force.. See my legal guide.

    http://www.avvo.com/legal-guides/ugc/searches-a...

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