What is Excessive Force in Civil Right Law?
Written by Cooper & Friedman PLLC on November 25, 2025
According to Cornell Law School’s Legal Information Institute, excessive force refers to “force in excess of what a police officer reasonably believes is necessary.” It most commonly results from officer behavior during arrests, investigatory stops, and seizures.
Is There a Standard or Threshold for Excessive Force to Determine Fault in Court Cases?
No, there is not a set standard or course of action that qualifies use of force cases as ‘excessive or non-excessive.’ The nature of what constitutes force as excessive varies depending on the situation and the actions of all parties involved.
The Department of Justice oversees the investigations and prosecutions of Law Enforcement Misconduct, which is what excessive force falls under. To assess the use of force, the Department of Justice reviews the circumstances, testimonials, videos, and other evidence. In addition, according to Graham v. Connor, 490 U.S. 386, 396-97 (1989), “The ‘reasonableness’ of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight.” All of this goes into a conclusion that either grants the officer immunity from litigation or not.
This is where, historically, standards have been rocky because each court could choose the framework of “moment of threat” or “totality of the circumstances” to assess the use of force.
Barnes v. Felix
Barnes v. Felix, recent case from May 15, 2025, established how the actions of a law enforcer must be assessed. In this case from 2016, an officer was accused of excessive force after shooting and killing a driver during a traffic stop. After asking the driver, who was driving a rental car with outdated tags and ~$7 worth of toll violations attached to it, to retrieve his license and registration, the driver attempted to move the car as the officer stepped onto the sill to stop it. When the driver did not stop the car, the officer shot the driver twice and killed him.
Lower courts analyzed the reasonableness of the use of deadly force according to the “moment of threat” doctrine. This limits the consideration of the entire circumstance in favor of officer rationale and reaction to what was happening at the time of the use of force. However, others analyzed the totality of the circumstances. This approach acknowledges earlier facts and circumstances to provide context to why the officer believed excessive or deadly force was necessary.
The Supreme Court ruled in favor of rejecting the “moment of threat” framework when it comes to assessing excessive force claims under the Fourth Amendment. This marks an additional standard of assessment that courts will use from now on when it comes to civil rights litigation and police accountability.
FAQs About Excessive Force:
Is excessive force a civil rights violation?
Yes. The Fourth Amendment provides, in relevant part, that “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” Excessive force is categorized as an unreasonable seizure of self.
What Does the 1st Amendment Say About Excessive Force?
The 1st Amendment does not say anything explicitly about excessive force. However, many people cite the 1st Amendment to protect themselves against retaliatory actions of law enforcement officers that lead to a seizure of self. It is important for citizens to know that there are categories of unprotected speech, which include obscenity, child pornography, defamatory speech, false advertising, true threats, and fighting words.
What is the Legal Definition of Excessive Force?
According to the Bureau of Justice Statistics, the widely accepted definition is, “The application of force beyond what is reasonably believed to be necessary to gain compliance from a subject in any given incident.”
Is Excessive Force a 5th Amendment Violation?
No, excessive force is not a 5th Amendment Violation. The 5th Amendment:
- Protects individuals from being forced to testify against themselves,
- Guarantees that a person cannot be tried twice for the same crime,
- Requires the government to follow fair procedures before taking a person’s life, liberty, or property, and
- Requires just compensation for taking private property for public use.
If you or someone you love has been the victim of police misconduct in the State of Kentucky and are in need of an experienced civil rights and police misconduct attorney, give the lawyers at the Cooper & Friedman law firm a call. The attorneys at Cooper and Friedman PLLC have over 50 years of combined experience defending the rights of law enforcement misconduct victims. Contact us with questions you might have or schedule a free case consultation with an attorney by calling 502-459-7555 today.