Section 9.53 is the justification available to correctional officers and jail employees who are charged with assault or official oppression arising from a use of force against an inmate.
What the Statute Says
An officer or employee of a correctional facility is justified in using force against a person in custody when and to the degree the officer or employee reasonably believes the force is necessary to maintain the security of the correctional facility, the safety or security of other persons in custody or employed by the correctional facility, or his own safety or security.
The Three Protected Purposes
Force is justified to maintain:
- the security of the facility;
- the safety or security of other persons in custody or employed there; or
- the officer's own safety or security.
The Limits
"When and to the degree." This phrase does the work. The justification covers force reasonably believed necessary at the time and in the amount necessary. Force applied after an inmate has been restrained, has stopped resisting, or has been removed from the situation is not covered — and in Harris County jail prosecutions, that is nearly always where the case is focused.
Reasonable belief. An objective standard applied to the officer's circumstances. Training records, facility policy, the inmate's known history, the presence of weapons, and staffing levels are all relevant to what a reasonable officer would have believed.
Not deadly force. The section speaks to force. A death or serious injury shifts the analysis to Section 9.31, Section 9.32, and the provisions on preventing escape.
What These Prosecutions Look Like
Charges against detention officers usually follow an internal affairs review, and typically allege assault causing bodily injury, official oppression, or violation of the civil rights of a person in custody under Section 39.04. Facility video, incident reports filed by every officer present, and medical records drive the outcome.
Officers should also assume the possibility of a parallel federal civil rights investigation under 18 U.S.C. 242 and a civil suit under Section 1983. An administrative statement compelled by the employer is generally protected from use in the criminal case, but the line is technical and easy to lose — counsel should be involved before any statement is given.
Related
- Official oppression (39.03)
- Assault on a peace officer · Self-defense
- Houston federal criminal defense
Charged in Harris County?
Brian Foley is Board Certified in Criminal Law by the Texas Board of Legal Specialization and a former Harris County Felony Chief Prosecutor; Luis Baez is a former Trial Bureau Chief. Call or text (713) 703-1718 for a free, confidential consultation.