Houston Police Brutality Lawyer

Police officers have a duty to protect our communities. But the unfortunate reality is they often abuse their authority, victimizing citizens even during the most minor interactions. If you or a loved one has been the victim of excessive force by a law enforcement officer, a Houston police brutality lawyer at Police Brutality Center can help you pursue justice and fair compensation.

Police officers who misuse their power or target people because of their skin color violate their duty to uphold the law and the victims’ constitutional rights. One study by the Texas Civil Rights Project determined that black drivers in Houston were three times more likely to be arrested for non-moving violations than their white counterparts. Instead of making roads safer, these unwarranted traffic stops create stress, cause financial hardships, and result in other tragic consequences.

If you or a loved one has been the victim of police misconduct or brutality, you need an experienced lawyer who will assert your rights and help you seek justice and compensation. At Police Brutality Center, our Houston police brutality lawyers represent clients whom the authorities have mistreated. Contact us today to get legal help.

Police Misconduct Laws in Houston

Police brutality and misconduct refer to the violation of their constitutional rights by the police. While law enforcement has certain powers and rights, they must not unjustifiably deprive citizens of their basic rights. Both federal and state laws address police misconduct.

The Fourth Amendment of the U.S. Constitution prohibits unreasonable search and seizure, and the Eighth Amendment prohibits cruel and unusual punishment, which extends to unnecessary force used by the police in post-conviction matters. Some examples of police misconduct include:

Use of excessive force
False imprisonment
Unlawful arrest
Intimidation
Sexual assault
Racial profiling
Jail and prison abuse

Section 1983 of the Civil Rights Act of 1871 is a federal statute allowing misconduct victims to sue the police over the deprivation of constitutional rights violations when the officers are acting “under the color of law.” Police officers act “under the color of law” when they work on duty, identify themselves, wear a uniform, or display a badge.

The 2020 George Floyd Justice in Policing Act is a federal law granting the U.S. Justice Department’s Civil Rights Division the power to investigate patterns of misconduct and bias and subpoena police departments.

In a civil rights lawsuit, you may be able to hold the officer or police department responsible for any damages caused by the incident. The victim must prove by a preponderance of evidence that the officer used excessive force. However, police officers are entitled to qualified immunity, which protects them from personal liability if they reasonably believe their actions were lawful at the time, even if they were mistaken. To overcome the burden of qualified immunity, victims must prove the officer violated “clearly established” statutory or constitutional rights.

Damages you can claim in an excessive force case include the costs of medical care, lost wages, and pain and suffering.

Because members of the Houston Police Department are city employees, the city and the Department are jointly liable for any incidents of police brutality. According to Article IX, Section 11 of the City Charter, the city is responsible for personal injuries resulting from employee actions. The same charter requires that a person file a complaint in writing within 90 days of the incident.

You have a limited period to file a civil rights lawsuit over police brutality in Houston. The statute of limitations in Texas for such a case is two years from the date of the incident.

Houston Police Department History

Modern policing didn’t become a U.S. institution until the 1830s and ‘40s when northern cities created the first police departments to reign in the “problem” of mass European immigration. However, soon after, African Americans fleeing the horrors of the Jim Crow South became the primary victims of brutal policing tactics in the North.

As southern cities began establishing police departments, discrimination and brutality became institutionalized, with many officers belonging to hate groups like the Ku Klux Klan. For generations, new rules and practices were established that specifically targeted minorities.

Southern police departments, including the Houston PD, established a history of racial profiling and police brutality, including false incarceration, beatings, rape, and murder. Some notable events in the city’s history include the following:

Houston Riots of 1917

In the summer of 1917, a battalion of predominantly black U.S. soldiers—known as the Buffalo Soldiers—was sent to guard the construction of Camp Logan on the outskirts of Houston. The Houston police became infuriated at seeing black people dressed in military uniform.

A series of police brutality incidents and false arrests led to a massive riot in August, leaving four black soldiers and 16 white locals dead. The largest military court martial in U.S. history took place afterward, with thirteen black soldiers sentenced to death.

Texas Southern University Riots of 1967

The Texas Southern University Riot took place in May 1967. TSU students and environmental activists staged protests in front of a nearby dump in response to the drowning death of an 11-year-old boy. Houston police escalated tensions and surrounded a dormitory on the TSU campus, where gunfire was exchanged, 488 students were arrested, and one officer was killed.

Cases of Police Brutality in Houston

Houston has grown to become one of this nation’s largest cities. As it has expanded over the years, there have been numerous major cases of police brutality and misconduct in the area. Some high-profile cases include:

José Campos Torres - 1977

In the Spring of 1977, a group of six Houston police officers beat 23-year-old Mexican-American Jose Campos Torres to death. In one of the first notable Houston police brutality cases, all of the officers were fired, and three faced criminal charges. The case sparked the Moody Park Riot among the city’s Latino community, resulting in changes to the department’s handling of alleged wrongdoing among the police.

Chad Holley - 2011

In 2011, a local Houston ABC news station aired security camera footage of a dozen Houston police officers kicking and punching an unarmed 15-year-old burglary suspect named Chad Holley the prior year. The case received national attention, and even the Houston chief of police said it was an “egregious use of force.” Seven officers were fired, but three later got their jobs back. Four officers were indicted on criminal charges.

Nicolas Chavez - 2020

In April 2020, a group of Houston police officers shot and killed 27-year-old Nicolas Chavez after officers stated that Chavez attempted to wrestle away a stun gun from an officer. But body cam footage revealed that Chavez was unarmed and on his knees when officers opened fire. Four Houston police officers were fired for their involvement in the incident but were eventually reinstated.

Jalen Randle - 2022

Twenty-nine-year-old Jalen Randle was shot and killed by police trying to serve an arrest warrant in April 2022. After stopping his vehicle, Officer Shane Privette and an unarmed Randle exited their vehicles at the same time. Privette then shot Randle. Privette has been indicted and acquitted twice on charges related to police brutality.

Houston Police Brutality Lawyers

Several options exist for civil rights and police brutality law firms in Houston. These include the following:

Sean Roberts, a founding partner of Roberts Markland LLP, has repeatedly taken on the Houston Police Department in police brutality cases. He is representing the family of Nicolas Chavez in their $100 million civil suit against the department.
Ben Crump Law PLLC is a Houston personal injury law firm that handles civil rights cases. His firm secured a $4.9 million settlement for a Black nightclub patron paralyzed by police brutality while trying to break up a fight.

Why Work with a Police Brutality Lawyer?

Police brutality cases can be challenging to prove on your own. If the authorities have mistreated you, you need a qualified Houston police misconduct lawyer who can build a case against a department that knows the laws and how to defend its officer’s actions.

Police brutality lawyers know how to pursue such complaints and back them with the compelling evidence necessary to show the police crossed the line between justifiable conduct and unacceptable misconduct.

Your Houston police misconduct lawyer can investigate your specific situation, represent your interests in court, and negotiate a settlement to recover the full compensation you deserve.

Filing a Civil Rights Claim in Houston

Filing a complaint against the police can be intimidating. But if your rights have been violated by those supposed to serve and protect the public, you have the right to seek justice for yourself and other potential innocent victims.

The process of filing a police complaint in Harris County can be confusing, depending on what policing agency you’re dealing with. Texas state law demands that complaints be made in writing, but the deadlines and other rules will vary. For every allegation of police misconduct, it’s helpful to have the following information available:

The Harris County Sheriff’s Office requires that you travel to their main headquarters to file a sworn statement concerning your complaint. The Houston Police Department makes their sworn affidavit available online, which must be filled out and submitted within 90 days of the incident.

Filing an official complaint of police brutality with the law enforcement agency is necessary, but it isn’t the same as a civil rights case. You must pursue a separate lawsuit to recover the damages you’ve suffered.

An experienced Houston civil rights lawyer can guide you through the process of reporting your claim to the appropriate city, county, or state authority within the established deadline. They can also develop a strategy to produce the best possible results with a civil rights claim to recover maximum damages.

Filing a Civil Rights Claim in Houston

Police Reform in Houston

In 2020, the Houston Police Department released a new order refining the definition of police use of force. The directive outlines the department’s official policy concerning how officers interact with suspects under various situations and conditions. Specifically, an officer must evaluate and gauge their use of force depending on several factors:

The suspect’s conduct
Both the suspect’s and officer’s physical attributes
Whether alcohol or drugs are involved
The ratio of officers to suspects on the scene
The suspect’s ability to access a weapon

In 2021, the Texas House passed the George Floyd Act, which would prevent officers from arresting people for fine-only traffic offenses and end qualified immunity for officers. But the bill died in the Senate and never became law.

However, a bipartisan police reform effort in Washington did result in a new law enacted in December 2022. The new law authorized $124 million in federal grant funding to Texas over four years to train police in de-escalation tactics. The goal is to provide an alternative to using force and reduce the number of officer-involved deaths.

Contact an Experienced Houston Police Brutality Lawyer

If you or a loved one was the victim of police brutality in the Houston area, contact the Police Brutality Center today to get legal help. There is no obligation or upfront cost to you.