Chokeholds & Dangerous Restraints

Chokeholds (lateral vascular neck restraint), carotid restraints, prone restraint with weight on back ('knee on neck'), hobble restraints leaving someone face-down, extended hogtying, and any restraint that restricts breathing can constitute excessive force—especially when applied to individuals already subdued or posing no threat.

Positional asphyxia occurs when body position restricts breathing. Prone restraint (face-down with weight on back) is the most common cause. The diaphragm cannot expand properly, especially when combined with pressure on the torso. This risk is heightened during excited delirium, drug intoxication, or obesity. Officers are trained to recognize and prevent this.

Floyd's death brought national attention, and many departments banned knee-on-neck restraints. But even before 2020, case law established that applying sustained pressure to a prone, restrained person's neck or back violated the Constitution. We use pre-Floyd precedents to establish the conduct was clearly established as unconstitutional.

Yes. The key question is whether force remained reasonable throughout the encounter. Even if initial restraint was justified, continuing to apply dangerous pressure after the suspect is subdued becomes excessive. Courts analyze each moment separately—force reasonable at minute one may be excessive at minute three.

Officers are trained to recognize: statements like 'I can't breathe,' labored breathing, turning blue (cyanosis), loss of consciousness, going limp, and struggling to breathe. Once any of these appear, officers must reposition and render aid. Ignoring these signs demonstrates deliberate indifference.

Excited delirium is a controversial condition officers cite to explain in-custody deaths. Many medical organizations don't recognize it. We challenge this by showing officers caused or contributed to death through dangerous restraints, then blamed the victim's 'condition.' Proper restraint positioning prevents death regardless of the person's mental state.

We work with forensic pathologists and pulmonologists to establish that asphyxiation caused death. Autopsy findings, body camera footage showing restraint positioning and duration, and expert testimony establish causation. We counter defense claims that drugs or 'excited delirium' caused death.

Deliberate indifference means officers knew of a serious risk and disregarded it. When officers continue dangerous restraints despite 'I can't breathe' statements, despite the person going limp, or despite training on positional asphyxia risks, they demonstrate deliberate indifference that can support punitive damages.

Yes, under Monell v. Department of Social Services. If the department failed to train officers on positional asphyxia risks, proper restraint techniques, or recognizing signs of medical distress, and this failure caused your injury, the municipality may be liable. We examine training curricula and prior incidents.

Wrongful death damages include loss of companionship, loss of financial support, funeral expenses, and the decedent's conscious pain and suffering before death. If the victim survived, damages include medical expenses, pain and suffering, disability, and emotional trauma. Punitive damages may be awarded for deliberate indifference.

In Oklahoma, Section 1983 claims have a 2-year statute of limitations from the date of injury or death. However, evidence like body camera footage and training records can be lost or destroyed. Contact us immediately to preserve critical evidence.

Policies vary by department. Some Oklahoma agencies have banned chokeholds entirely; others restrict them to deadly force situations. Regardless of department policy, the constitutional standard applies. Even if a department permits chokeholds, using them in situations that don't warrant force remains unconstitutional.