When Force Is Used
Penal Code 9.51 — force when immediately necessary to arrest, deadly force only in two cases
In Texas the rule for police force in an arrest sits in the Penal Code's chapter on justification. Under section 9.51, a peace officer is justified in using force against another when and to the degree the officer reasonably believes the force is immediately necessary to make or assist in making an arrest or search, or to prevent escape after arrest.
- The officer reasonably believes the arrest or search is lawful, or, under a warrant, that the warrant is valid.
- Before using force, the officer makes known the purpose to arrest or search and identifies as a peace officer, unless the officer reasonably believes the purpose and identity are already known or cannot reasonably be made known.
Deadly force is justified in two cases only. A peace officer is justified in using deadly force when and to the degree the officer reasonably believes it is immediately necessary to make an arrest or prevent escape after arrest, if force would have been justified at all, and either the officer reasonably believes the conduct for which arrest is authorized included the use or attempted use of deadly force, or the officer reasonably believes there is a substantial risk the person will cause death or serious bodily injury to the officer or another if the arrest is delayed. The section says deadly force may only be used in the circumstances it lists, and that there is no duty to retreat before using deadly force it justifies.
Section 9.52 covers escape from custody: force to prevent the escape of an arrested person is justifiable when it could have been used to make the arrest, and a peace officer or a correctional facility guard is justified in using any force, including deadly force, reasonably believed immediately necessary to prevent an escape from a correctional facility. The same section 9.51 also covers a person other than a peace officer who uses force to make a lawful arrest, on narrower terms.
A claim against a governmental unit starts with notice within six months. Under the Civil Practice and Remedies Code, a governmental unit is entitled to notice of a tort claim against it not later than six months after the day of the incident, reasonably describing the injury, the time and place, and the incident. A city's charter may set its own notice period. The notice rule does not apply if the governmental unit has actual notice that death occurred or that the claimant was injured. Separately, a suit for personal injury must be brought not later than two years after the day the cause of action accrues.
This is the statute, not an assessment. Whether any particular use of force was justified, whether that notice section reaches a given claim at all, whether a federal claim exists beside the state one, and what immunities apply turn on facts and on case law these sections do not contain. A licensed Texas attorney, early rather than late, is who answers them.
Sources for this section (4)
- Penal Code 9.51 — Arrest and search
- Penal Code 9.52 — Prevention of escape from custody
- Civ. Prac. 101.101 — Notice of a claim to a governmental unit
- Civ. Prac. 16.003 — Two year limitations period
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.