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Police Misconduct

Excessive Force Claims in Oklahoma

The Fourth Amendment protects you from unreasonable seizures—including the use of excessive force by police. When officers use more violence than the situation requires, we hold them accountable.

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Key Takeaways

  • Graham factors: Courts analyze crime severity, threat level, and resistance
  • Objective reasonableness: Force is judged from perspective of officer on scene
  • Body camera is critical: Video evidence often makes or breaks these cases
  • 2-year deadline: File your Section 1983 claim within 2 years

On This Page

What Is Excessive Force?

The Fourth Amendment protects against "unreasonable seizures," which includes the use of excessive force during arrest, investigative stops, or other police encounters. Force becomes "excessive" when it exceeds what is objectively reasonable under the totality of circumstances.

This isn't about whether the officer could have used less force—it's about whether the force used was unreasonable given what the officer knew at the moment.

Generally Reasonable Force

  • • Handcuffing during arrest
  • • Taking suspect to ground when resisting
  • • Taser on actively aggressive suspect
  • • Use of firearm against armed threat
  • • Control holds to restrain

Often Excessive Force

  • • Striking handcuffed suspect
  • • Continued force after compliance
  • • Taser on non-threatening individual
  • • Chokehold on non-resistant person
  • • Force disproportionate to minor offense

The Graham v. Connor Test

The Supreme Court's 1989 decision in Graham v. Connor established the framework courts use to evaluate excessive force claims. Three factors are paramount:

1

Severity of the Crime at Issue

Was the suspect committing a serious felony or a minor misdemeanor? More force may be justified to stop a violent crime than a traffic violation.

2

Immediate Threat to Safety

Did the suspect pose an immediate threat to the officer or others? This is typically the most important factor.

3

Resistance or Flight

Was the suspect actively resisting arrest or attempting to evade? Passive resistance (going limp) justifies far less force than active combat.

Key Principle: The force analysis is made from the perspective of a "reasonable officer on the scene"—not from the calm perspective of a judge reviewing the case later. Officers must make split-second decisions in tense situations. However, this standard doesn't excuse clearly unreasonable conduct.

Types of Force We Investigate

Excessive force takes many forms—from empty-hand strikes to deadly force:

Strikes and Blows

Punches, kicks, baton strikes, and other blunt force trauma—especially when suspect is restrained or compliant.

Taser/Electrical Devices

Tasers cause severe pain and can trigger cardiac arrest. Use on non-threatening individuals is frequently excessive.

Chokeholds and Restraints

Airway restriction causing asphyxiation. Many departments have banned chokeholds entirely. Positional asphyxia during prone restraint.

Chemical Agents

Pepper spray and tear gas deployed in confined spaces, at close range, or against non-resistant individuals.

K-9 Attacks

Police dogs used on surrendering suspects, released for excessive duration, or deployed for minor offenses.

Deadly Force

Shooting when no reasonable officer would perceive a deadly threat. Failure to warn before shooting.

Building Your Excessive Force Case

Proving excessive force requires comprehensive evidence collection:

Video Evidence

Body camera footage, dashcam video, surveillance cameras, cell phone recordings. We file immediate preservation requests.

Medical Documentation

ER records, photographs of injuries, expert medical opinions on force required to cause documented injuries.

Officer History

Prior complaints, disciplinary actions, and civil suits. Pattern evidence can overcome qualified immunity.

Policy Violations

Department use-of-force policies, training records, and expert testimony on police standards.

Damages in Excessive Force Cases

Compensatory Damages

  • Medical expenses
  • Lost wages and income
  • Pain and suffering
  • Emotional distress and PTSD
  • Permanent disability
  • Disfigurement

Punitive & Other Damages

  • Punitive damages (egregious conduct)
  • Attorney's fees (42 U.S.C. § 1988)
  • Nominal damages (vindication)
  • Injunctive relief (policy changes)
  • Wrongful death (if applicable)

Frequently Asked Questions

Excessive force occurs when an officer uses more force than is 'objectively reasonable' under the circumstances. Courts evaluate: the severity of the crime, whether the suspect posed an immediate threat, and whether the suspect was resisting or fleeing. Force that is reasonable at one moment may become excessive if continued after resistance stops.
Courts apply the 'Graham factors' from Graham v. Connor (1989): (1) severity of the alleged crime, (2) whether the suspect posed an immediate threat to officer safety, and (3) whether the suspect was actively resisting or attempting to flee. The analysis is from the perspective of a reasonable officer on scene—not with 20/20 hindsight.
Yes. Officers frequently claim resistance to justify force. We investigate: body camera footage, witness statements, medical records showing injury locations inconsistent with the claimed resistance, and the officer's history of making similar claims. Passive resistance (going limp) justifies far less force than active aggression.
Being arrested—even for a serious crime—doesn't authorize unlimited force. Officers may only use force necessary to effect the arrest. Once you're handcuffed and compliant, additional force (kicks, tasering, punches) is generally unjustified and may constitute excessive force.
Generally, no. The Tenth Circuit has held that using a taser on a compliant, non-threatening suspect violates clearly established law. Tasers can cause cardiac arrest and significant injury. They should be reserved for actively resistant or dangerous suspects—not for 'pain compliance' on non-threatening individuals.
You can recover: medical expenses, lost wages, pain and suffering, emotional distress, and in severe cases, punitive damages to punish egregious conduct. If force resulted in death, families may bring wrongful death claims. Permanent injuries significantly increase case value.
Officers may claim qualified immunity, arguing the law wasn't 'clearly established.' To overcome this, we must show either: (1) binding precedent with similar facts, or (2) the conduct was so obviously wrong that no prior case was needed. Qualified immunity is the biggest defense hurdle in excessive force cases.
Yes, through Monell claims. If the excessive force resulted from departmental policy, inadequate training, or a pattern of similar misconduct the department ignored, the city/county can be held liable. Monell claims require proving the department itself was deliberately indifferent.
Body camera and dashcam video are critical—they show exactly what happened. Medical records document injury severity. Witness statements corroborate your account. The officer's disciplinary history may show a pattern. 911 calls and dispatch records establish what officers knew before arriving.
In Oklahoma, you generally have 2 years from the date of the incident to file a Section 1983 excessive force claim in federal court. However, investigating these cases takes time—obtaining body camera footage, medical records, and finding witnesses. Don't wait until the deadline approaches.
Your civil excessive force case and criminal case are separate. However, we typically advise waiting until the criminal case resolves before aggressively pursuing civil discovery. Anything you say in the civil case could potentially be used against you criminally. We coordinate strategy with your criminal defense attorney.
Absolutely. Traffic stops frequently escalate to excessive force: officers dragging drivers from vehicles, using tasers for non-compliance, or escalating minor resistance to violent takedowns. The relative minor nature of traffic violations weighs heavily against the use of significant force.

Victim of Police Brutality?

Officers who violate constitutional rights must be held accountable. We investigate thoroughly, overcome qualified immunity defenses, and fight for maximum compensation.

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