Excessive Force Attorney in Dallas / Fort Worth
Understanding Excessive Force and Police Shooting Cases
Excessive force and police shooting cases often involve serious violations of your civil rights. When officers or security guards go beyond what is necessary, victims can be left with life-altering injuries or worse. At Elmazi Law, we help clients across Dallas/Fort Worth seek justice, accountability, and fair compensation.
Common Types of Excessive Force Recognized by the Courts
Depending on your situation and the state where the incident occurred, certain actions by law enforcement may be considered a violation of your civil rights. Courts have recognized the following as potential examples of excessive force or police misconduct:
- Using a taser during an arrest without justification
- Assaulting someone who is already handcuffed
- Preventing bystanders from recording police activity in public
- Shooting at a person who is running away
- Firing at a moving vehicle without clear threat
- Shooting or harming household pets during a police encounter
- Punching, kicking, or choking a person during an arrest or detention
Steps to Take After Experiencing Excessive Force or a Police Shooting in Texas
If you believe you’ve been the victim of excessive force or police misconduct in the Dallas / Fort Worth area, here are important steps to take to protect your rights and strengthen your case:
1. Write Down What Happened: Document the details of the incident as soon as possible, including date, time, location, officers involved, and what occurred.
2. Gather Any Available Evidence: Collect videos, photos, or contact information from witnesses to help support your excessive force or police shooting case.
3. Get Medical Attention Right Away: Seek immediate treatment for any injuries—your medical records can serve as vital proof of harm.
4. File an Official Complaint: Submit a complaint to the internal affairs division of the agency involved and keep records of all correspondence.
5. Consult an Excessive Force Attorney: An experienced police misconduct attorney in Dallas/Fort Worth can help you understand your options and build a strong case.
6. Avoid Talking About the Case Publicly: Refrain from posting on social media or speaking to the press—let your attorney handle all public communication.
7. Preserve All Physical Evidence: Keep any damaged clothing, medical bills, or objects related to the incident as they may be useful in your claim.
8. Understand Your Legal Rights in Texas: Learn about local and state laws regarding police use of force so you can make informed decisions throughout the legal process.
Frequently Asked Questions About Excessive Force Cases
Every case is different, but most excessive force or police misconduct lawsuits are brought under 42 U.S.C. Section 1983, which allows individuals to sue government officials who violate their constitutional rights. Our office has extensive experience filing Section 1983 lawsuits in Texas and challenging qualified immunity—a legal defense often used by officers. If successful, you may be entitled to compensation for medical bills, lost wages, emotional distress, and other damages.
Excessive force is any physical or deadly force used by law enforcement that goes beyond what is reasonable or necessary for the situation. This includes actions like unjustified shootings, taser use, beatings, and any use of force after a suspect is restrained or compliant.
Yes. While serious injuries often make a stronger case, you can still pursue a lawsuit if your rights were violated—even without lasting physical harm. Emotional trauma, unlawful arrest, or humiliation caused by police misconduct may also justify legal action.
In Texas, the statute of limitations for filing a Section 1983 civil rights claim is generally two years from the date of the incident. It’s important to speak with an excessive force attorney as soon as possible to ensure your case is filed on time.
Qualified immunity protects government officials, including police officers, from liability unless they violated a “clearly established” constitutional right. Our firm has the knowledge and resources to challenge this defense and pursue justice when your rights have been clearly violated.
Not always. Many excessive force cases are resolved through settlements before trial. However, if a fair resolution isn’t reached, our team is fully prepared to take your case to court and fight for the compensation you deserve.