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Police Beating Attorney
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.

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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

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:

CaseHolding
Gutierrez v. CobosStriking a handcuffed, non-resisting arrestee violates clearly established law.
Buck v. City of AlbuquerqueForce used after a suspect is secured and no longer resisting is objectively unreasonable.
Fogarty v. GallegosGratuitous violence—punishment rather than control—serves no legitimate law enforcement purpose.
Vondrak v. City of Las CrucesOfficers 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

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