Police Brutality in Texas
The law must change. Until it does, victims of police brutality in Texas need to understand their rights and take action. At Corbett & Corbett LLP we have dedicated our practice to fighting for civil rights victims in Dallas and throughout Texas. If you or a loved one has been the victim of excessive force or police misconduct, contact us today for a free consultation.
How SCOTUS Gave Police Extraordinary Power
In the landmark 1803 case Marbury v. Madison, the United States Supreme Court established itself as the final authority on constitutional interpretation in America. Every major legal question in this country, from slavery and segregation to criminal procedure and equal protection, ultimately flows through the Supreme Court’s interpretation of the Constitution.
Nearly two centuries later, the Supreme Court used two cases to define what the Constitution says about police use of force. Those cases are Tennessee v. Garner and Graham v. Connor, and together they created a legal framework that makes it extraordinarily difficult to hold police officers accountable for brutality and excessive force.
In Garner, the Court held that police officers generally cannot shoot unarmed people unless they pose a danger to someone. That sounds reasonable on its surface. But four years later in Connor, the Court severely limited Garner and gave officers enormous latitude to justify force against innocent unarmed people. The Connor decision said that while force must be reasonable, reasonableness is evaluated from the officer’s perspective based on the facts and circumstances as they perceived them. The Court added that officers make split second decisions that should not be second guessed in hindsight, effectively insulating police from accountability in most use of force situations.
How Police Reports Are Used to Justify Brutality
Officers learn about Garner and Connor in the police academy. Prosecutors learn them in law school and on the job. When an officer uses force, both the officer and the prosecutor know exactly what language needs to appear in the police report to satisfy the legal standards set by those cases. Sworn reports are crafted to fit the legal framework, giving prosecutors room to justify the use of force even when the conduct was clearly excessive.
This is not a conspiracy theory. It is a systemic problem built into how law enforcement and prosecutors interact with the legal standards the Supreme Court created.
Why Grand Juries Rarely Indict Police Officers
In the rare event that law enforcement investigates one of its own for using deadly or excessive force, a grand jury must indict the officer before the case can move forward. Grand juries consist of ordinary citizens from the prosecuting county and require only probable cause, a very low evidentiary standard, to issue an indictment.
Yet indictments of police officers are extraordinarily rare. The reason is structural. The prosecutor is the only person presenting evidence to the grand jury and controls exactly what information the jury sees and hears. When prosecutors are institutionally aligned with law enforcement, they present cases in ways that lead grand juries away from indictment. This explains why the vast majority of excessive force cases, including deadly force cases, never result in prosecution.
What Civil Rights Victims Can Do Right Now
While systemic change requires political and legal reform at the highest levels, there are concrete steps individuals and communities can take today.
Document every police encounter. Record all interactions with police when it is safe to do so. Video evidence directly contradicts false or misleading police reports and has been instrumental in securing accountability in high profile cases across the country. Record safely and do not give officers a reason to escalate by reaching for your phone at the wrong time.
Vote in every election, especially local ones. District attorneys, judges, and law enforcement leaders are elected positions in Texas. These officials are far more responsive to community concerns when they know voters are paying attention and will hold them accountable at the polls. Local elections have an enormous and direct impact on how police misconduct cases are handled in your community.
Engage in sustained organized action. Reacting to individual incidents without sustained organized follow through produces no lasting change. Building community organizations focused on police accountability, attending city council meetings, and maintaining pressure on elected officials between incidents is far more effective than episodic protest.
Support diversity in law enforcement and prosecution. More Black officers and prosecutors who are committed to equal justice creates change from within the system. Attorney Chloe Corbett served as a prosecutor before joining our firm and believes strongly that representation in law enforcement and prosecutors’ offices matters enormously for achieving equal justice.
Build economic power. Economic strength generates political standing and respect. Supporting Black owned businesses, building community institutions, and participating in local economies as producers rather than only consumers strengthens the community’s ability to demand and receive equal treatment under the law.
Your Legal Rights as a Victim of Police Brutality in Texas
If you have been the victim of excessive force, wrongful arrest, or police misconduct in Texas, you have legal rights and may be entitled to compensation. Federal civil rights law under 42 U.S.C. Section 1983 allows victims of police misconduct to sue officers and municipalities for violations of their constitutional rights. These cases are complex and require attorneys who understand both the legal framework created by cases like Connor and the strategies needed to overcome the defenses law enforcement will raise.
At Corbett & Corbett LLP we handle civil rights cases on a contingency fee basis, which means you pay nothing unless we win. We fight for victims of police brutality, wrongful arrest, excessive force, and other civil rights violations throughout Dallas and Texas.
Contact a Dallas Civil Rights Attorney Today
If you or a loved one has been the victim of police brutality or civil rights violations in Texas, do not wait to get legal help. Evidence disappears, witnesses become harder to find, and there are strict deadlines for filing civil rights claims under Texas and federal law. Contact Corbett & Corbett LLP today for a free consultation. Call us at 469-726-2626 or fill out our online contact form to speak with an attorney about your case.
