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Excessive Force
Beatings During Arrest
Fists, batons, and boots are not instruments of justice. When officers use physical force beyond what's necessary, we hold them accountable under federal civil rights law.
Key Takeaways
- Force must match resistance: Strikes on compliant or restrained individuals are excessive
- Bystanders are liable: Officers who fail to intervene can be sued too
- Document injuries: Photos, medical records, and witness statements are crucial
- 2-year deadline: Oklahoma Section 1983 claims must be filed within 2 years
On This Page
The Legal Standard: Graham v. Connor
Under the Supreme Court's Graham v. Connor decision, courts judge whether force was excessive using an "objective reasonableness" test from the perspective of a reasonable officer on scene.
Three Key Factors
1
Severity of the Crime
More force may be reasonable when dealing with violent felonies than minor offenses.
2
Immediate Threat
Did the suspect pose an immediate threat to officers or others at the time of the force?
3
Active Resistance
Was the suspect actively resisting arrest or attempting to evade by flight?
Key Point: Each factor must be analyzed at the precise moment force was used. A suspect who was resisting at the start of an encounter may have stopped resisting by the time strikes were delivered.
Types of Physical Force We Handle
We represent victims of all types of excessive physical force during arrests:
Punches & Elbow Strikes
Closed-fist punches to the face, body, or head; elbow strikes to the face or rib cage.
Kicks & Knee Strikes
Kicks to the body, head, or groin; knee drops onto restrained individuals.
Baton Strikes
ASP baton blows to extremities, torso, or head; repeated or unnecessary strikes.
Takedowns & Slams
Violent takedowns onto concrete; body slams; throwing individuals against walls or vehicles.
Facial Impacts
Slamming face into ground, pavement, or vehicle hoods; facial stomps.
Weapon Strikes
Hitting with flashlights, radios, handcuffs, or other improvised weapons.
When Physical Force Becomes Unconstitutional
These patterns indicate the force crossed from lawful arrest techniques to excessive force:
Strikes After Handcuffing
Continuing to punch, kick, or strike a person who is already handcuffed and not resisting.
Force Against Compliant Individuals
Using physical force against someone who is following commands and not resisting in any way.
Gratuitous or Punitive Violence
Force that appears to be punishment or retaliation rather than to effect arrest.
Disproportionate Response
Using extreme force for minor resistance—e.g., punching someone who pulled their arm away.
Strikes to the Head
Head strikes are considered deadly force; they're rarely justified against non-threatening suspects.
Continued Force After Incapacitation
Striking someone who is unconscious, seriously injured, or clearly unable to resist.
10th Circuit Case Law on Physical Force
Oklahoma is in the 10th Circuit. These binding precedents establish when physical force during arrest violates the Constitution:
| Case | Holding |
|---|---|
| Gutierrez v. Cobos | Striking a handcuffed, non-resisting arrestee violates clearly established law. |
| Buck v. City of Albuquerque | Force used after a suspect is secured and no longer resisting is objectively unreasonable. |
| Fogarty v. Gallegos | Gratuitous violence—punishment rather than control—serves no legitimate law enforcement purpose. |
| Vondrak v. City of Las Cruces | Officers who stand by without intervening while witnessing excessive force can be liable. |
Evidence We Gather in Beating Cases
Video evidence is crucial, but it's not the only evidence. We build comprehensive cases using:
Video Evidence
- • Body camera footage
- • Dashcam recordings
- • Bystander cell phone video
- • Surveillance cameras
Medical Evidence
- • Emergency room records
- • X-rays and CT scans
- • Photos of injuries
- • Follow-up treatment records
Officer Records
- • Use-of-force reports
- • Prior complaints
- • Training records
- • Disciplinary history
Common Injuries We Handle
Traumatic Brain Injury
Concussions, contusions, and severe TBI from head strikes, slams, or falls.
Broken Bones
Facial fractures, broken ribs, fractured orbital bones, broken arms from restraint.
Eye Injuries
Orbital blowout fractures, detached retinas, permanent vision loss.
Internal Injuries
Ruptured spleen, liver lacerations, internal bleeding from body blows.
Dental Injuries
Broken teeth, jaw fractures, dental reconstruction requirements.
Permanent Scarring
Facial scars, disfigurement requiring plastic surgery.
Damages in Police Beating Cases
Compensatory Damages
- Medical expenses (ER, surgery, rehab)
- Lost wages and earning capacity
- Pain and suffering
- Disability and impairment
- Disfigurement and scarring
- PTSD and emotional trauma
Additional Recovery
- Punitive damages (for malicious conduct)
- Future medical expenses
- Life care planning costs
- Attorney's fees (Section 1988)
- Municipal liability (policy/training)
Frequently Asked Questions
Any physical strike beyond what's necessary to effect a lawful arrest can constitute excessive force: punches, kicks, baton blows, elbow strikes, knee strikes, throwing someone to the ground, and facial impacts. The key is whether a reasonable officer would have used similar force under the circumstances.
Yes, but only when reasonably necessary. Officers may use force to overcome active resistance, prevent escape, or protect themselves. However, force must be proportional. A punch to subdue someone actively fighting is different from repeatedly striking a handcuffed person on the ground.
Resistance doesn't give officers carte blanche. Force must remain proportional to the resistance. Once resistance ends—whether through compliance, restraint, or incapacitation—additional force becomes excessive. We analyze body camera footage to identify the exact moment force became unjustified.
This is a common justification, but it must be objectively reasonable. If body camera footage shows your hands were visible, you were already restrained, or you were moving away, the claim falls apart. We examine every frame of available video to challenge false narratives.
Gratuitous violence is force that serves no legitimate law enforcement purpose—punishment, retaliation, or simple brutality. Striking a handcuffed person, continuing to beat someone who is unconscious, or kicking someone saying 'I give up' are examples. Courts treat gratuitous violence severely.
Potentially, yes. A resisting arrest conviction doesn't mean all force used was justified. Officers may have used excessive force during the arrest, and your resistance could have been a response to that excessive force. We evaluate the sequence of events carefully.
Each officer can be held individually liable for their own use of force. Officers who fail to intervene to stop another officer's excessive force can also be liable under 'bystander liability.' We name all participating and non-intervening officers as defendants.
Key evidence includes: body camera footage, dashcam video, bystander recordings, medical records documenting injuries, photos of injuries, witness statements, the officers' use-of-force reports (which often contain inconsistencies), and expert testimony on reasonable force.
Common injuries include: broken bones (especially facial fractures, ribs), traumatic brain injury from head strikes, soft tissue injuries, lacerations requiring stitches, dental damage, eye injuries, internal bleeding, and permanent scarring. We document all injuries with medical evidence.
Compensatory damages cover medical costs, lost wages, pain and suffering, disability, disfigurement, and emotional trauma. Punitive damages may be awarded against officers who acted maliciously or with reckless disregard for your rights. Under Section 1988, the government pays your attorney's fees if you win.
Under 10th Circuit law, officers have a duty to intervene when they witness another officer using excessive force, if they have a realistic opportunity to stop it. Officers who stand by and watch--or actively prevent intervention--can be held liable even if they didn't throw punches themselves.
In Oklahoma, Section 1983 claims have a 2-year statute of limitations from the date of the excessive force. However, body camera footage may be deleted after 60-90 days depending on department policy. Contact us immediately to issue a preservation letter protecting critical evidence.
Your Injuries Deserve Justice
If you were beaten by police during an arrest, we can help you hold the officers accountable and recover compensation for your injuries.
No Fee Unless We Win