Poster #36 - Chokeholds in Policing: Legality, Constitutional Concerns, and the Need for Reform

• In Event: ASC Poster Session I

Abstract

This study examines the use of chokeholds by law enforcement, focusing on their legality, constitutionality, and alignment with police policies. Although many police departments have banned or severely restricted the use of chokeholds due to the risk of fatalities and public backlash, some departments still permit them under specific circumstances. The research analyzes relevant case law, constitutional protections, particularly the Eighth and Fourteenth Amendments, to evaluate whether the use of chokeholds constitutes a violation of constitutional rights, including protection against cruel and unusual punishment and the right to due process. Additionally, the study explores the role of qualified immunity in shielding officers from liability in cases involving chokeholds. The findings suggest that while the use of chokeholds is increasingly restricted by police policies, concerns about excessive force, accountability, and the need for systemic reform persist. The study advocates for clearer, more consistent policies and stronger oversight to ensure law enforcement practices are constitutional and safeguard public safety.

Authors

• Claire Nolasco Braaten, Texas A&M University - San Antonio

• Markiesha Ferdinand, Texas A&M University - San Antonio