Police Excessive Force & 1983 Lawyer

Police officers are given a gun and a badge, but not a license to kill. Under the Fourth Amendment, any use of force must be "objectively reasonable." When it isn't, and someone is hurt or killed, we fight back.

What is "Excessive Force"?

Excessive force occurs when a law enforcement officer uses more physical force than is necessary to subdue a suspect or protect themselves. Common examples include:

Shootings: Firing at a suspect who is fleeing or unarmed.
Tasers: Using a Taser on someone who is already handcuffed or complying.
Physical Assault: Punching, kicking, or choking a restrained individual.
Positional Asphyxia: Holding a suspect face-down with weight on their back (like the George Floyd case).

The Big Hurdle: Qualified Immunity

Police officers are protected by a legal shield called "Qualified Immunity." It essentially says you cannot sue an officer unless they violated a "clearly established" constitutional right.

This is a high bar. It is not enough to prove the officer was wrong. We must find prior court cases with nearly identical facts where an officer was held liable. This requires extensive legal research and expertise that general injury lawyers do not have.

Request Investigation

First 24 Hours: Critical Checklist

You are fighting a system designed to protect itself. Take these steps now:

Photograph Injuries: Take clear photos of all bruises, cuts, or Taser marks immediately.

Secure Witnesses: Get names and phone numbers of anyone who saw the arrest.

Preserve Clothes: Do not wash bloody or torn clothing; bag it in paper (not plastic).

Medical Attention: Go to the ER and tell them exactly what the police did to you.

Oklahoma Tort Claims Act vs. Federal Court

You may have two separate claims:

State Claim (Negligence): Subject to the Oklahoma Tort Claims Act (GTCA). You MUST file a written notice within 1 year of the incident, or you are barred forever.
Federal Claim (Civil Rights): Filed under 42 U.S.C. § 1983. This allows you to sue for constitutional violations and seek attorney fees.

Why We Sue

These lawsuits are about more than money. They are often the only way to force a police department to change its policies, improve training, and fire dangerous officers. A verdict speaks a language that politicians understand.

About the Author

Jason Hicks is a recognized authority in Section 1983 litigation. He has represented victims of police brutality across Oklahoma, fighting all the way to the 10th Circuit Court of Appeals.