Section 1983 & Police Misconduct
Unlawful arrests, excessive force, retaliation, and other constitutional violations by police and government officials.
Independent journalists, YouTubers, livestreamers, and First Amendment auditors document how government works, and they are often treated unlawfully for doing it. Grable PLLC has represented content creators in three kinds of matters: civil-rights actions over unlawful treatment by police and government officials, open-records litigation, and Anti-SLAPP disputes.
We have represented creators in civil-rights actions over unlawful treatment by police and government officials. In 2017 the Fifth Circuit recognized a First Amendment right to record police officers performing their duties in public, subject to reasonable time, place, and manner restrictions. When creators are detained, arrested, or have phones or cameras seized for lawful recording or for critical coverage, the officers and agencies involved may be liable under 42 U.S.C. § 1983.
We have represented creators in open-records litigation under the Texas Public Information Act (Tex. Gov’t Code ch. 552) and similar laws. When a governmental body refuses to release body-camera footage, reports, or other public information, or fails to follow the Act’s procedures, a requestor may be able to file suit for a writ of mandamus to compel disclosure, and the court may award attorney’s fees in some cases.
We have represented creators in Anti-SLAPP disputes. Creators are often threatened with defamation and related suits by the people they cover. In Texas, the Texas Citizens Participation Act (Tex. Civ. Prac. & Rem. Code ch. 27) can allow early dismissal and a mandatory award of attorney’s fees when a suit targets speech on a matter of public concern. The motion generally must be filed within 60 days after service.
We practice primarily in Texas, with select matters outside Texas. We handle matters outside Texas, appearing pro hac vice or with local counsel where required.
Generally yes. The Fifth Circuit has recognized a First Amendment right to record police performing their duties in public, subject to reasonable time, place, and manner restrictions. Interfering with officers is not protected.
Possibly. An arrest or seizure in retaliation for lawful recording may support a claim under Section 1983, subject to defenses such as qualified immunity.
The Texas Public Information Act gives requestors remedies, including a suit for a writ of mandamus to compel a governmental body to release information it is required to disclose.
Preserve your footage and posts, avoid deleting content in a panic, and talk to a lawyer promptly. If the suit is based on speech on a matter of public concern, a TCPA motion to dismiss generally must be filed within 60 days after service.
We practice primarily in Texas, with select matters outside Texas. We handle matters outside Texas, appearing pro hac vice or with local counsel where required.
Unlawful arrests, excessive force, retaliation, and other constitutional violations by police and government officials.
Sued for speaking out? The Texas Citizens Participation Act can end meritless suits early and shift fees.
Section 1983 challenges, unlawful firearm seizures, and getting seized firearms returned.
See also: case results, case updates, and articles on the blog.
Talk with Grable PLLC. Call 210-963-5297 or email intake@grable.law. Calls and emails accepted 24/7.
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