Police Excessive Force by State (2026)
About this article
Sourced from primary statutes (U.S. Code, CFR, state compiled statutes) and official government agency guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
Compare by state
Statute citations are verified per state. Select a state to jump to its full section below.
| Primary statute | |
|---|---|
| Alabama | Ala. Code § 13A-3-27 — Law Enforcement Use of Force |
| Alaska | Alaska Use of Force — Alaska Stat. § 11.81.370 |
| Arizona | A.R.S. § 13-409 — Arizona justification for use of physical force by law enforcement |
| Arkansas | Arkansas Use of Force by Law Enforcement, Ark. Code § 5-2-610 |
| California | California Penal Code § 835a — AB 392 'necessary' use of deadly force standard |
| Colorado | C.R.S. § 24-31-901 et seq. — Enhance Law Enforcement Integrity Act (SB 20-217; no qualified immunity) |
| Connecticut | Public Act 20-1 — Connecticut Police Accountability Act |
| Delaware | Delaware Use of Force by Officers, 11 Del. C. § 464 |
| District of Columbia | D.C. Use-of-Force Limitations, D.C. Code § 5-125.01 et seq. |
| Florida | Florida Law Enforcement Use of Force, Fla. Stat. § 776.05 |
| Hawaii | Hawaii Use of Force in Arrest — HRS § 803-7 |
| Idaho | Idaho Code § 19-610 — authorized use of force in making an arrest |
| Illinois | 50 ILCS 727 — Illinois Law Enforcement Officer-Worn Body Camera Act (mandatory by 2025) |
| Indiana | Indiana Code § 35-41-3-3 — justification for law enforcement use of force |
| Iowa | Iowa Code § 804.8 — Use of Force by Peace Officers |
| Kansas | K.S.A. § 21-5227 — Use of Force in Law Enforcement |
| Kentucky | KRS § 15.391 et seq. — Kentucky Law Enforcement Standards |
| Louisiana | Louisiana Justifiable Homicide Statute, La. R.S. § 14:20 |
| Maine | 17-A M.R.S.A. § 107 — use of force by law enforcement |
| Maryland | Maryland Police Accountability Act of 2021, MD Code, Public Safety § 3-501 et seq. |
| Massachusetts | MGL c. 6E — Massachusetts Peace Officer Standards and Training (POST) Commission |
| Michigan | MCL § 764.15 et seq. — Michigan arrest authority and use of force |
| Minnesota | Minn. Stat. § 609.066 — Authorized Use of Deadly Force by Peace Officers |
| Mississippi | Miss. Code Ann. § 97-3-15 — justifiable homicide (law enforcement use of force) |
| Missouri | Missouri Use of Force by Law Enforcement, RSMo § 563.046 |
| Montana | Mont. Code Ann. § 46-6-221 — officer use of force in making arrests |
| Nebraska | Neb. Rev. Stat. § 28-1412 — Use of Force in Law Enforcement |
| Nevada | NRS 171.1455 — Use of Force by Peace Officers |
| New Hampshire | RSA 627:5 — NH use of force by law enforcement officers |
| New Jersey | NJ Civil Rights Act, N.J.S.A. 10:6-2 |
| New Mexico | New Mexico Civil Rights Act, NMSA § 41-4A-1 et seq. (no qualified immunity) |
| New York | NY Penal Law § 121.13-a — Eric Garner Anti-Chokehold Act |
| North Carolina | N.C. Gen. Stat. § 15A-401(d) — Use of force by law enforcement |
| North Dakota | N.D. Cent. Code § 12.1-05-07 — Use of Force in Law Enforcement |
| Oklahoma | Oklahoma Use of Force by Officers, 21 Okl. St. § 732 |
| Oregon | Oregon use of force statute — ORS § 161.235 |
| Pennsylvania | Pennsylvania Municipal Police Reform Act (Act 57 of 2020) |
| Rhode Island | R.I. Gen. Laws § 12-28.1 — Rhode Island Police Officers Commission on Standards and Training |
| South Carolina | S.C. Code § 16-11-440 — Assault by Law Enforcement Officers |
| South Dakota | SDCL § 22-18-2 — Justifiable Use of Force by Officers |
| Tennessee | TCA § 40-7-108 — Use of Force by Law Enforcement Officers |
| Texas | Texas Use of Force by Peace Officers, Tex. Penal Code § 9.51-9.52 |
| Utah | Utah Use of Force by Officers — Utah Code § 76-2-404 |
| Vermont | 20 V.S.A. § 2401 et seq. — Vermont Criminal Justice Council and police accountability |
| Virginia | Virginia Duty to Intervene in Use of Force, Va. Code § 19.2-83.5 |
| Washington | RCW 10.120.020 — Use of Force Standard (HB 1310) |
| West Virginia | W. Va. Code § 62-1-6 — Use of force in arrest |
| Wisconsin | Wis. Stat. § 939.45 — Privilege of Law Enforcement (Use of Force) |
| Wyoming | Wyo. Stat. § 6-2-602 — authorized use of force (law enforcement) |
What is this right?
Police are allowed to use reasonable force to make an arrest, protect themselves, or protect others. They are not allowed to use more force than the situation calls for. The legal standard was set in Graham v. Connor in 1989: the force has to be "objectively reasonable" given the facts at the scene, not judged with hindsight, and weighed against the severity of the suspected crime, the immediate threat, and whether the person was actively resisting or trying to flee.
The mechanics of accountability are harder than the standard suggests. Civil suits run under 42 U.S.C. § 1983, but officers often raise qualified immunity — a doctrine that shields them unless the violation was "clearly established" by prior case law on the same fact pattern. Many obvious violations get dismissed at that stage. Federal criminal prosecutions under 18 U.S.C. § 242 require willful deprivation, an even higher bar. Documentation, witnesses, and video are what move cases past these defenses.
When does it apply?
Excessive force claims live here when:
- An officer uses physical force on you during an encounter — punches, kicks, taser, baton, gun, choke, slam.
- The force was disproportionate to the threat you actually posed.
- You weren't actively threatening serious bodily harm to officers or anyone else.
Three myths:
- "Resisting means anything goes." No. Force still has to be proportional. Tennessee v. Garner (1985) made clear that deadly force on a fleeing, non-violent felon — there, a 15-year-old burglary suspect — was unconstitutional.
- "I can't sue police." You can, under § 1983. The cases are hard — qualified immunity blocks many — but they happen all the time, and settlements regularly run into seven figures.
- "If I was breaking the law, force was fine." Being suspected of a crime doesn't waive your Fourth Amendment right against unreasonable seizure. The level of force still has to match the level of threat.
What to Do If Police Used Excessive Force Against You
Step 1: Don't resist. Even when the force feels excessive — especially then. Resistance escalates and gives the officer a clean justification later. Cases get won in court, not on the pavement.
Step 2: Capture the details. Badge numbers, names if visible on the uniform, patrol car numbers, exact time and location, every witness in sight. If anyone nearby has a phone out, ask afterward whether they recorded.
Step 3: Get to the ER. Same day. Medical records contemporaneous with the incident are some of the strongest evidence in any later case. Tell the medical staff exactly what happened — those notes go in the record.
Step 4: Photograph the injuries. Day of the incident, then daily for the next week. Bruises darken and shift over 3–5 days; photos show the progression.
Step 5: File complaints in two places. The department's internal affairs division and any independent civilian oversight board. If the city has neither, file with the state attorney general's civil rights division.
Step 6: Talk to a civil rights lawyer. Most work on contingency for these. Look for someone with § 1983 trial experience, not a general personal injury firm.
What should you NOT do?
Don't fight back. Even slight physical resistance creates new charges and weakens the civil case. Hands visible, comply, complain in court.
Don't delay medical care. Defense lawyers will use any treatment gap to argue you weren't really injured. Same-day documentation is gold.
Don't post about it on social media. Every post becomes discoverable. Things you said in anger become exhibits at trial. Talk to a lawyer before anything goes public.
Don't assume the case is hopeless. Even with qualified immunity in the way, excessive force settlements happen constantly. The City of Minneapolis paid $27 million in the George Floyd case before any verdict. Document, file, and call a lawyer.
Worked example
ScenarioYou're already handcuffed and not resisting when an officer strikes you, causing injury.
OutcomeForce used against a restrained, non-resisting person is hard to justify as 'objectively reasonable.' That can be excessive force under the Fourth Amendment, and you may bring a civil-rights lawsuit under 42 U.S.C. §1983 for damages. Get medical care, photograph injuries, and collect witness information.
Verified against Graham v. Connor (490 U.S. 386) — the Fourth Amendment 'objective reasonableness' standard — and 42 U.S.C. §1983. General information, not legal advice.
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Common Questions
When is police use of force 'excessive'?
When it's not objectively reasonable under the circumstances. Courts look at the severity of the offense, whether you posed an immediate threat, and whether you were resisting or fleeing — judged from a reasonable officer's perspective at the moment, not in hindsight.
Can I sue the police for excessive force?
Yes — the main tool is a federal civil-rights lawsuit under 42 U.S.C. §1983 for violating your Fourth Amendment rights, seeking damages. 'Qualified immunity' can be a hurdle, so these cases benefit from a lawyer. Your state may also allow state-law claims.
What should I do if an officer uses excessive force on me?
Protect yourself and don't fight back — resisting can escalate danger and add charges. As soon as it's safe, get medical attention, photograph your injuries, write down what happened, and gather names and contact info for witnesses. Then consult a lawyer.
What is 'qualified immunity'?
It's a legal doctrine that can shield officers from civil liability unless they violated a 'clearly established' right. It often makes Section 1983 cases harder, but not impossible. Some states have limited or modified it; see your state's section above.
Does it matter if I was being arrested for something minor?
Yes — the seriousness of the suspected offense is one factor courts weigh. Significant force against someone suspected of a minor, non-violent offense who isn't resisting is more likely to be found unreasonable. Each case turns on its specific facts.
State-by-state details
Alabama
Primary statute: Ala. Code § 13A-3-27 — Law Enforcement Use of Force
Alabama addresses police use of force through state law and constitutional standards:
- Officers may use reasonable force to effect an arrest
- Deadly force permitted only when necessary to prevent imminent death or serious harm
- Alabama does not have a statewide duty-to-intervene law
- The Alabama Peace Officers Standards and Training Commission (APOSTC) can decertify officers
- Federal § 1983 claims are available
Alaska
Primary statute: Alaska Use of Force — Alaska Stat. § 11.81.370
Alaska addresses excessive force through state statute and federal constitutional standards:
- Alaska Stat. § 11.81.370 authorizes officers to use reasonable, non-deadly force to make an arrest
- Deadly force is authorized only when the officer reasonably believes the suspect poses an imminent threat of death or serious physical injury
- Federal § 1983 claims are available for constitutional violations by law enforcement
- Qualified immunity may shield officers, but Alaska courts apply the "clearly established" standard
- Alaska State Troopers cover vast remote areas — response times and oversight can be limited in rural Alaska
- The Alaska Police Standards Council can decertify officers for misconduct
Arizona
Primary statute: A.R.S. § 13-409 — Arizona justification for use of physical force by law enforcement
Arizona addresses police use of force through state law and constitutional standards:
- Arizona law authorizes officers to use reasonable physical force to make an arrest, prevent escape, or protect themselves and others (A.R.S. § 13-409, § 13-410)
- Deadly force is permitted only when the officer reasonably believes it is necessary to protect against an imminent threat of death or serious physical injury
- Arizona does not have a statewide duty-to-intervene law requiring officers to stop excessive force by fellow officers
- Citizens can bring federal civil rights claims under 42 U.S.C. § 1983
- Arizona's attorney general can investigate patterns of police misconduct
- The DOJ has conducted investigations of certain Arizona law enforcement agencies (notably Maricopa County)
Arkansas
Primary statute: Arkansas Use of Force by Law Enforcement, Ark. Code § 5-2-610
Arkansas addresses excessive force through state law and federal constitutional standards:
- Ark. Code § 5-2-610 governs the use of force in law enforcement — officers may use force reasonably necessary to effect an arrest
- Deadly force is authorized only when the officer reasonably believes the suspect poses an imminent threat of death or serious physical injury
- Federal § 1983 claims are available for constitutional violations
- Qualified immunity applies and can be a significant barrier to civil claims in Arkansas
- Arkansas does not have statewide civilian oversight boards — complaints are handled by internal affairs
California
Primary statute: California Penal Code § 835a — AB 392 'necessary' use of deadly force standard
California has some of the most significant police use-of-force reforms in the country:
- AB 392 (2019): Changed the standard for when police can use deadly force from "reasonable" to "necessary." Officers may only use deadly force when necessary to defend against an imminent threat of death or serious bodily injury to the officer or another person. This is stricter than the federal Graham v. Connor standard.
- SB 230 (2019): Requires all law enforcement agencies to adopt use-of-force policies that include de-escalation, crisis intervention, and a duty to intervene when another officer uses excessive force.
- SB 2 (2021): Created the process for decertifying police officers who commit serious misconduct, including excessive force. California was one of the last states to implement officer decertification.
- Tom Bane Civil Rights Act: California Civil Code § 52.1 allows civil lawsuits for interference with constitutional rights by threats, intimidation, or coercion — including excessive force.
Colorado
Primary statute: C.R.S. § 24-31-901 et seq. — Enhance Law Enforcement Integrity Act (SB 20-217; no qualified immunity)
Colorado enacted landmark police reform legislation in 2020 (SB 20-217, the Enhance Law Enforcement Integrity Act):
- SB 20-217 made Colorado the first state to eliminate qualified immunity as a defense for law enforcement officers in state civil rights lawsuits
- Officers can be held personally liable for violating civil rights (up to $25,000, or 5% of the judgment, whichever is less)
- Officers must use force that is proportional and necessary
- Officers have a duty to intervene when they witness another officer using excessive force
- Chokeholds are prohibited
- Officers must report use-of-force incidents, and the data must be publicly available
- Body-worn cameras are mandatory during encounters with the public
- Citizens can bring both state civil rights claims and federal claims under 42 U.S.C. § 1983
Connecticut
Primary statute: Public Act 20-1 — Connecticut Police Accountability Act
Connecticut enacted significant police accountability reforms in 2020:
- Public Act 20-1 (Police Accountability Act) limits qualified immunity for officers who use excessive force — Connecticut is one of the few states to address this
- Officers have a duty to intervene when they witness another officer using excessive force
- Use of force must be objectively reasonable and proportional
- Chokeholds are restricted unless deadly force is justified
- Federal § 1983 claims remain available for constitutional violations
- The Inspector General can investigate police use-of-force incidents resulting in death or serious injury
Delaware
Primary statute: Delaware Use of Force by Officers, 11 Del. C. § 464
Delaware addresses excessive force through state law and federal constitutional standards:
- Delaware law authorizes officers to use force reasonably necessary to effect an arrest or prevent escape
- Deadly force is authorized only when the officer reasonably believes the suspect poses an imminent threat of death or serious bodily harm
- Delaware passed the Law Enforcement Officers' Bill of Rights (LEOBR), which governs internal investigations — this can affect civilian complaint processes
- Federal § 1983 claims are available for constitutional violations
- The Delaware Department of Justice Division of Civil Rights and Public Trust investigates police use-of-force incidents
District of Columbia
Primary statute: D.C. Use-of-Force Limitations, D.C. Code § 5-125.01 et seq.
D.C. has enacted significant police reform legislation:
- Comprehensive Policing and Justice Reform Amendment Act (2020): Banned chokeholds and neck restraints by MPD officers. Required officers to intervene when they witness another officer using excessive force. Established a duty to de-escalate.
- Ban on neck restraints: D.C. law prohibits officers from using neck restraints, chokeholds, or any technique that restricts breathing or blood flow to the brain.
- Duty to intervene: Officers who witness excessive force must intervene to stop it and report it. Failure to intervene is grounds for discipline and potential criminal liability.
- D.C. Office of Police Complaints (OPC): Independent civilian oversight agency that investigates complaints against MPD officers, including excessive force. Has subpoena power.
Florida
Primary statute: Florida Law Enforcement Use of Force, Fla. Stat. § 776.05
Florida use-of-force law follows federal standards with state-specific provisions:
- Fla. Stat. § 776.05: Authorizes law enforcement to use force when reasonably necessary to make an arrest or prevent escape. Deadly force is justified only when the officer reasonably believes the suspect poses an imminent threat of death or great bodily harm.
- No statewide ban on chokeholds: Florida has not enacted a statewide ban on chokeholds or neck restraints. Policies vary by department.
- Stand Your Ground implications: Florida's Stand Your Ground law (Fla. Stat. § 776.012-013) has been applied in cases involving both civilians and police, complicating use-of-force analysis.
- Limited civilian oversight: Florida does not mandate civilian oversight boards. Some cities (Miami, Jacksonville) have independent review panels, but many do not.
Hawaii
Primary statute: Hawaii Use of Force in Arrest — HRS § 803-7
Hawaii addresses excessive force through state law and federal constitutional standards:
- Officers may use reasonable force necessary to effect an arrest or prevent escape
- Deadly force is justified only to prevent death or serious bodily injury
- Federal § 1983 claims are available for constitutional violations
- The Honolulu Police Commission investigates misconduct complaints against HPD officers
- Each county (Honolulu, Maui, Hawaii, Kauai) has its own police department with internal investigation procedures
- Hawaii does not have a statewide independent police oversight body
Idaho
Primary statute: Idaho Code § 19-610 — authorized use of force in making an arrest
Idaho addresses use of force through state statute and federal constitutional law:
- Idaho Code § 19-610 authorizes officers to use reasonable force to effect an arrest
- Deadly force is authorized only when the officer reasonably believes the suspect poses an imminent threat of death or serious bodily injury
- Idaho has strong protections for law enforcement — qualified immunity is broadly applied
- Federal § 1983 claims are available for constitutional violations
- Idaho does not have a statewide civilian oversight board
- Internal affairs divisions handle excessive force complaints in most departments
Illinois
Primary statute: 50 ILCS 727 — Illinois Law Enforcement Officer-Worn Body Camera Act (mandatory by 2025)
Illinois enacted landmark police reform legislation:
- SAFE-T Act (Public Acts 101-0652, 102-0028): Comprehensive criminal justice and police reform law. Key provisions include: a statewide use-of-force database, officer certification requirements, mandatory body cameras for all police by 2025, and a ban on chokeholds and neck restraints.
- Officer decertification: The Illinois Law Enforcement Training and Standards Board can decertify officers who commit serious misconduct, including excessive force.
- Duty to intervene: Officers who witness excessive force by another officer must intervene to stop it and report it.
- Civilian oversight: The Illinois law establishes local civilian oversight mechanisms for police accountability.
Indiana
Primary statute: Indiana Code § 35-41-3-3 — justification for law enforcement use of force
Indiana law addresses police use of force through state statutes and constitutional standards:
- Indiana law permits officers to use reasonable force to effect a lawful arrest (IC § 35-41-3-3)
- Deadly force is justified only when the officer reasonably believes it is necessary to prevent imminent death or serious bodily injury
- Indiana is unique in granting citizens the statutory right to resist unlawful entry by law enforcement into their homes (IC § 35-41-3-2) — though courts have narrowed this right
- Citizens can bring federal civil rights claims under 42 U.S.C. § 1983
- Indiana State Police investigate officer-involved shootings upon request
- Officers must report use-of-force incidents to their agencies
Iowa
Primary statute: Iowa Code § 804.8 — Use of Force by Peace Officers
Iowa addresses excessive force through state law and federal constitutional standards:
- Iowa Code § 804.8 governs the use of force by officers — force must be reasonable and necessary
- Deadly force is authorized only when the officer reasonably believes the suspect poses an imminent threat of death or serious bodily injury
- Iowa enacted HF 2647 in 2020, which restricts chokeholds and requires a duty to intervene
- Federal § 1983 claims are available for constitutional violations
- Iowa does not have statewide civilian oversight boards
Kansas
Primary statute: K.S.A. § 21-5227 — Use of Force in Law Enforcement
Kansas addresses excessive force through state law and federal constitutional standards:
- K.S.A. § 21-5227 governs use of force by law enforcement — force must be reasonable
- Deadly force is authorized only when the officer reasonably believes the suspect poses an imminent threat of death or serious bodily injury
- Federal § 1983 claims are available for constitutional violations
- Qualified immunity applies broadly in Kansas
- Kansas does not have statewide civilian oversight boards
Kentucky
Primary statute: KRS § 15.391 et seq. — Kentucky Law Enforcement Standards
Kentucky enacted police reform legislation in 2021 following the death of Breonna Taylor:
- SB 4 (2021) restricts no-knock warrants and requires officers to use de-escalation when feasible
- Duty-to-intervene requirements for officers witnessing excessive force
- The Kentucky Law Enforcement Council (KLEC) can decertify officers
- No-knock warrants are restricted under SB 4 — limited to cases with "clear and convincing evidence" of violent crime, and officers must identify as law enforcement and bring a paramedic
- Federal § 1983 claims available
Louisiana
Primary statute: Louisiana Justifiable Homicide Statute, La. R.S. § 14:20
Louisiana addresses police use of force through state law and constitutional standards:
- Officers may use reasonable force to effect an arrest (La. R.S. § 14:20)
- Deadly force permitted only when necessary to prevent imminent death or serious harm
- Louisiana does not have a statewide duty-to-intervene law
- The Louisiana POST Council can decertify officers for misconduct
- Federal § 1983 claims available — the DOJ has investigated several Louisiana agencies
Maine
Primary statute: 17-A M.R.S.A. § 107 — use of force by law enforcement
Maine addresses excessive force through state law, recent reforms, and federal standards:
- Officers may use only the force reasonably necessary to effect a lawful arrest (17-A M.R.S.A. § 107)
- Deadly force is authorized only when necessary to prevent death or serious bodily injury
- Maine enacted significant police accountability reforms in 2023, including changes to use-of-force standards and enhanced civilian oversight
- The Maine Attorney General's office independently investigates all police use-of-deadly-force incidents
- Federal § 1983 claims are available for constitutional violations
- Maine Board of Trustees (Maine Criminal Justice Academy) can revoke officer certifications for misconduct
Maryland
Primary statute: Maryland Police Accountability Act of 2021, MD Code, Public Safety § 3-501 et seq.
Maryland enacted landmark police reform legislation in 2021 (the Maryland Police Accountability Act):
- The Maryland Police Accountability Act of 2021 created significant reforms for use of force
- Officers may only use force that is necessary and proportional — a higher standard than "reasonable"
- Officers have a duty to intervene when they witness another officer using excessive force
- Officers must provide medical aid to injured persons after a use-of-force incident
- Maryland repealed the Law Enforcement Officers' Bill of Rights (LEOBR) and replaced it with civilian review processes
- Police Accountability Boards in each county review civilian complaints
- Citizens can bring federal civil rights claims under 42 U.S.C. § 1983
Massachusetts
Primary statute: MGL c. 6E — Massachusetts Peace Officer Standards and Training (POST) Commission
Massachusetts enacted significant police reform legislation in 2020 addressing excessive force:
- The 2020 Police Reform Act established the Massachusetts Peace Officer Standards and Training (POST) Commission with power to certify and decertify officers
- Officers must use de-escalation tactics when feasible before using force
- Chokeholds and other neck restraints are banned except in life-threatening situations
- Officers have a duty to intervene when they witness another officer using excessive force
- Officers must report use-of-force incidents, and the POST Commission tracks them
- Citizens can bring federal civil rights claims under 42 U.S.C. § 1983 and state tort claims
- Qualified immunity has been limited for officers who are decertified by the POST Commission
Michigan
Primary statute: MCL § 764.15 et seq. — Michigan arrest authority and use of force
Michigan addresses police use of force through state law and constitutional standards:
- Michigan law permits officers to use reasonable force necessary to effect an arrest or prevent escape
- Deadly force is justified only when the officer reasonably believes it is necessary to protect themselves or others from imminent death or great bodily harm
- Michigan enacted police reform legislation requiring duty-to-intervene policies — officers must intervene when they witness excessive force by another officer
- Michigan law requires law enforcement agencies to report use-of-force incidents
- Citizens can bring federal civil rights claims under 42 U.S.C. § 1983
- Michigan state law also allows civil lawsuits against officers for assault and battery
Minnesota
Primary statute: Minn. Stat. § 609.066 — Authorized Use of Deadly Force by Peace Officers
Minnesota enacted significant police accountability reforms following the murder of George Floyd in 2020:
- Minnesota banned chokeholds and neck restraints by law enforcement (Minn. Stat. § 609.066)
- Officers have a duty to intervene when witnessing another officer using excessive force
- Minnesota requires reporting of all use-of-force incidents
- The POST Board can revoke officer licenses for misconduct
- Citizens can bring federal § 1983 claims and state tort claims
- Minnesota's police accountability reforms are among the most comprehensive in the nation
Mississippi
Primary statute: Miss. Code Ann. § 97-3-15 — justifiable homicide (law enforcement use of force)
Full Mississippi guide →Missouri
Primary statute: Missouri Use of Force by Law Enforcement, RSMo § 563.046
Missouri law addresses police use of force, with increased attention following events in Ferguson (2014):
- Missouri law permits officers to use force that is "reasonably necessary" to effect a lawful arrest (RSMo § 563.046)
- Deadly force is justified only when the officer reasonably believes it is necessary to protect against an imminent threat of death or serious physical injury
- Missouri updated its use-of-force standards following the Ferguson events
- Some Missouri municipalities have implemented body cameras and enhanced use-of-force reporting
- Citizens can bring federal civil rights claims under 42 U.S.C. § 1983
- The Missouri Attorney General's office can investigate patterns of excessive force
- Missouri Highway Patrol investigates officer-involved shootings upon request
Montana
Primary statute: Mont. Code Ann. § 46-6-221 — officer use of force in making arrests
Montana addresses excessive force through state statute and federal constitutional law:
- Officers may use reasonable force to effect a lawful arrest (Mont. Code Ann. § 46-6-221)
- Deadly force is authorized only when necessary to prevent death or serious bodily harm
- Federal § 1983 claims are available for constitutional violations
- Montana's strong constitutional privacy protections may provide additional grounds for excessive force claims
- The Montana Public Safety Officer Standards and Training (POST) Council can revoke certifications for misconduct
- Montana does not have a statewide civilian oversight board
Nebraska
Primary statute: Neb. Rev. Stat. § 28-1412 — Use of Force in Law Enforcement
Nebraska addresses excessive force through both state law and federal constitutional standards:
- Use of force by Nebraska officers is governed by Neb. Rev. Stat. § 28-1412 (use of force in law enforcement)
- Deadly force is authorized only when the officer reasonably believes it is necessary to prevent death or serious bodily harm
- Federal § 1983 claims are available for constitutional violations by law enforcement
- Qualified immunity may shield officers from civil liability unless the right was "clearly established"
- Omaha has a civilian review board that can investigate excessive force complaints
- Nebraska has limited statewide civilian oversight — most oversight is department-level
Nevada
Primary statute: NRS 171.1455 — Use of Force by Peace Officers
Nevada addresses excessive force through state law and federal constitutional standards:
- Nev. Rev. Stat. § 171.1455 governs use of force by officers — force must be objectively reasonable
- Nevada enacted AB 236 (2019) and subsequent reforms addressing police use of force
- Chokeholds are restricted in many Nevada jurisdictions
- Federal § 1983 claims are available for constitutional violations
- Las Vegas has a Citizen Review Board and the Office of Internal Oversight
New Hampshire
Primary statute: RSA 627:5 — NH use of force by law enforcement officers
Full New Hampshire guide →New Jersey
Primary statute: NJ Civil Rights Act, N.J.S.A. 10:6-2
New Jersey has implemented comprehensive use-of-force reforms:
- AG Directive 2020-13: A landmark statewide use-of-force policy that is among the most restrictive in the nation. Key provisions include: a duty to de-escalate, a ban on chokeholds and neck restraints, a prohibition on shooting at moving vehicles, and a duty for officers to intervene when they witness excessive force.
- Use-of-Force Reporting: New Jersey requires detailed reporting of every use-of-force incident to the AG's office. This data is publicly available through a statewide dashboard.
- Independent Prosecutor: Under a 2019 AG directive, the NJ AG's office independently investigates all deaths that occur during encounters with law enforcement — not the local county prosecutor.
- NJ Civil Rights Act: N.J.S.A. 10:6-2 provides a state-level cause of action for civil rights violations, including excessive force, with potential for attorney fees and damages.
New Mexico
Primary statute: New Mexico Civil Rights Act, NMSA § 41-4A-1 et seq. (no qualified immunity)
New Mexico has enacted significant police accountability reforms:
- The New Mexico Civil Rights Act (2021) allows individuals to sue state and local officers for civil rights violations — without qualified immunity
- New Mexico is one of the few states to abolish qualified immunity at the state level
- Officers have a duty to intervene when witnessing excessive force
- Albuquerque Police are under a federal consent decree for excessive force
- Federal § 1983 claims are also available
New York
Primary statute: NY Penal Law § 121.13-a — Eric Garner Anti-Chokehold Act
New York enacted significant police reform legislation following 2020:
- Eric Garner Anti-Chokehold Act (2020): Makes it a criminal offense (class A misdemeanor, up to 1 year in jail) for any police officer to use a chokehold or similar restraint that compresses the diaphragm.
- Repeal of 50-a (2020): Police disciplinary records, which were previously sealed from public view, are now subject to public disclosure. This helps identify officers with patterns of excessive force.
- Executive Order 203 (2020): Required every local government in NY to adopt a police reform plan, including use-of-force policies, by April 2021.
- NYC Civilian Complaint Review Board (CCRB): Independent agency with authority to investigate excessive force complaints against NYPD officers and recommend discipline.
North Carolina
Primary statute: N.C. Gen. Stat. § 15A-401(d) — Use of force by law enforcement
Full North Carolina guide →North Dakota
Primary statute: N.D. Cent. Code § 12.1-05-07 — Use of Force in Law Enforcement
North Dakota addresses excessive force through state law and federal constitutional standards:
- N.D. Cent. Code § 12.1-05-07 governs use of force in law enforcement
- Force must be reasonable and necessary to effect an arrest or prevent escape
- Deadly force is authorized only when the officer reasonably believes the suspect poses an imminent threat of death or serious bodily injury
- Federal § 1983 claims are available for constitutional violations
- North Dakota does not have statewide civilian oversight boards
Oklahoma
Primary statute: Oklahoma Use of Force by Officers, 21 Okl. St. § 732
Oklahoma addresses police use of force through state law and constitutional standards:
- Officers may use reasonable force to effect an arrest (21 Okl. St. § 732)
- Deadly force permitted only when necessary to prevent imminent death or serious harm
- Oklahoma does not have a statewide duty-to-intervene law
- The Council on Law Enforcement Education and Training (CLEET) can revoke officer certifications
- Federal § 1983 claims available
Oregon
Primary statute: Oregon use of force statute — ORS § 161.235
Oregon has enacted police accountability reforms:
- HB 2936 (2020) established new use-of-force reporting requirements
- Officers must use de-escalation when feasible
- Duty-to-intervene and duty-to-report requirements
- The Oregon Department of Public Safety Standards and Training (DPSST) can revoke officer certifications
- Federal § 1983 claims available — DOJ has investigated Portland Police Bureau
Pennsylvania
Primary statute: Pennsylvania Municipal Police Reform Act (Act 57 of 2020)
Pennsylvania follows federal use-of-force standards with recent reform efforts:
- Federal standard applies: Pennsylvania courts apply the Graham v. Connor "objectively reasonable" standard for evaluating police use of force.
- Act 57 of 2020: Landmark police reform law requiring: a statewide use-of-force database, mandatory background checks when hiring officers, mental health evaluations every five years, and a duty to intervene when witnessing another officer using excessive force.
- No ban on chokeholds: Unlike some states, Pennsylvania has not enacted a statewide ban on chokeholds or neck restraints, though some municipalities (including Philadelphia) have policies restricting their use.
- Philadelphia Civilian Review Board: Philadelphia has a Police Advisory Commission that reviews complaints about police conduct, including excessive force.
Rhode Island
Primary statute: R.I. Gen. Laws § 12-28.1 — Rhode Island Police Officers Commission on Standards and Training
Rhode Island addresses excessive force through state law and federal standards:
- Rhode Island law requires force to be objectively reasonable and necessary
- Officers have a duty to intervene when witnessing excessive force (enacted in recent reforms)
- Rhode Island passed the Comprehensive Police Reform Act addressing use of force, duty to intervene, and decertification
- Federal § 1983 claims are available for constitutional violations
- The Rhode Island Commission on Police Standards can decertify officers for misconduct
South Carolina
Primary statute: S.C. Code § 16-11-440 — Assault by Law Enforcement Officers
South Carolina addresses police use of force through state law and constitutional standards:
- Officers may use reasonable force to effect an arrest
- Deadly force is permitted only when the officer reasonably believes it is necessary to prevent imminent death or serious bodily harm
- SC does not have a statewide duty-to-intervene law
- SC Criminal Justice Academy can decertify officers for misconduct
- Citizens can bring federal § 1983 claims and state tort claims
South Dakota
Primary statute: SDCL § 22-18-2 — Justifiable Use of Force by Officers
South Dakota addresses excessive force through state law and federal constitutional standards:
- SDCL § 22-18-2 governs justifiable use of force by officers
- Force must be reasonable and necessary to effect an arrest or prevent escape
- Deadly force is authorized only when the officer reasonably believes the suspect poses an imminent threat of death or serious bodily injury
- Federal § 1983 claims are available for constitutional violations
- South Dakota does not have statewide civilian oversight
Tennessee
Primary statute: TCA § 40-7-108 — Use of Force by Law Enforcement Officers
Tennessee law addresses police use of force through state statutes and constitutional standards:
- TN law permits officers to use force that is "reasonably necessary" to effect a lawful arrest (TCA § 40-7-108)
- Deadly force is permitted only when the officer reasonably believes it is necessary to prevent imminent death or serious bodily injury
- Tennessee was the state involved in the landmark U.S. Supreme Court case Tennessee v. Garner (1985), which prohibited deadly force against unarmed, non-dangerous fleeing suspects
- Officers have a duty to use de-escalation tactics when feasible
- Citizens can bring federal civil rights claims under 42 U.S.C. § 1983
- The Tennessee Bureau of Investigation (TBI) investigates officer-involved shootings
Texas
Primary statute: Texas Use of Force by Peace Officers, Tex. Penal Code § 9.51-9.52
Full Texas guide →Utah
Primary statute: Utah Use of Force by Officers — Utah Code § 76-2-404
Utah addresses excessive force through state law and federal constitutional standards:
- Utah Code § 76-2-404 governs use of force by officers — force must be reasonable and proportional
- Deadly force is authorized only when the officer reasonably believes the suspect poses an imminent threat of death or serious bodily injury
- Utah enacted HB 5003 (2020) with use-of-force reforms including de-escalation requirements
- Federal § 1983 claims are available for constitutional violations
- Salt Lake City has a Civilian Review Board; statewide oversight is through POST (Peace Officer Standards and Training)
Vermont
Primary statute: 20 V.S.A. § 2401 et seq. — Vermont Criminal Justice Council and police accountability
Vermont has enacted significant police accountability reforms:
- Vermont law requires force to be objectively reasonable and proportional
- Officers have a duty to intervene when witnessing another officer using excessive force
- The Vermont Criminal Justice Council can investigate officer misconduct and decertify officers
- Vermont has enacted comprehensive policing reforms including data collection on use of force
- Federal § 1983 claims are also available
Virginia
Primary statute: Virginia Duty to Intervene in Use of Force, Va. Code § 19.2-83.5
Virginia has enacted significant police accountability reforms addressing excessive force:
- Virginia's 2020-2021 police reform legislation established new use-of-force standards
- Officers must use de-escalation techniques when feasible before resorting to force
- A duty-to-intervene requirement obligates officers to stop another officer from using excessive force
- Virginia mandates reporting of all use-of-force incidents to the Virginia State Police
- Virginia law decertifies officers who commit serious misconduct, including excessive force
- Citizens can bring federal civil rights claims under 42 U.S.C. § 1983 and state tort claims
- Qualified immunity remains in effect in Virginia — legislative efforts to abolish it have not passed. Federal § 1983 claims are subject to qualified immunity defenses
Washington
Primary statute: RCW 10.120.020 — Use of Force Standard (HB 1310)
Washington has enacted some of the nation's strongest police accountability laws:
- Washington's 2021 police reform laws (HB 1310) establish a new standard: officers may use force only when necessary and proportional, and must use de-escalation when feasible
- The law restricts use of chokeholds, neck restraints, and no-knock warrants
- Officers have a duty to intervene when they witness another officer using excessive force
- The Office of Independent Investigations (established 2021) investigates deadly force incidents by law enforcement
- Washington created a statewide database of officer decertification actions
- Citizens can bring federal § 1983 claims and state tort claims for excessive force
West Virginia
Primary statute: W. Va. Code § 62-1-6 — Use of force in arrest
West Virginia addresses excessive force through state law and federal civil rights standards:
- Officers may use reasonable force to effect an arrest under W. Va. Code § 62-1-6
- Deadly force is authorized only to prevent death or serious bodily harm
- Federal § 1983 claims are available for Fourth Amendment excessive force violations
- Qualified immunity applies in West Virginia, consistent with federal standards
- West Virginia does not have a statewide civilian oversight body
- WV State Police and municipal departments each handle complaints through internal affairs
Wisconsin
Primary statute: Wis. Stat. § 939.45 — Privilege of Law Enforcement (Use of Force)
Wisconsin law addresses police use of force through state statutes and constitutional standards:
- Wisconsin law permits officers to use force that is reasonably necessary to effect a lawful arrest or prevent escape (Wis. Stat. § 939.45)
- Deadly force is justified only when the officer reasonably believes it is necessary to prevent imminent death or great bodily harm
- Wisconsin enacted Act 348 (2014) requiring independent investigations of officer-involved deaths — the first state to do so
- An independent agency (not the officer's own department) must investigate all officer-involved deaths
- Citizens can bring federal civil rights claims under 42 U.S.C. § 1983
- The Wisconsin DOJ Division of Criminal Investigation conducts independent investigations when requested
Wyoming
Primary statute: Wyo. Stat. § 6-2-602 — authorized use of force (law enforcement)
Wyoming addresses excessive force through state law and federal constitutional standards:
- Wyoming law authorizes officers to use reasonable force to effect an arrest
- Deadly force is authorized only when the officer reasonably believes the suspect poses an imminent threat of death or serious bodily injury
- Federal § 1983 claims are available for constitutional violations
- Qualified immunity applies and can be a significant barrier to claims
- Wyoming does not have statewide civilian oversight — Wyoming POST handles officer certification/decertification