Texas Codes

Tex. Penal Code § 9.53 (2026)

Maintaining Security In Correctional Facility

✓ current as of May 2026

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Sec. 9.53. MAINTAINING SECURITY IN CORRECTIONAL FACILITY. 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.

Added by Acts 1987, 70th Leg., ch. 512, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Notes of Decisions

Cited in 27 cases (4 in the last 5 years), 1988–2025 · leading case: Scott v. Gallagher, 209 S.W.3d 262 (Tex. App. 2007).

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Scott v. Gallagher, 209 S.W.3d 262 (Tex. App. 2007). · cites it 3× “Tex. Pen.Code Ann. § 9.53 (Vernon 2003). Scott contends that this lawsuit is not frivolous because his petition specifically alleged that Gallagher’s use of force was malicious or in bad faith, and, thus, was not privileged.”

Hall v. State, 158 S.W.3d 470 (Tex. Crim. App. 2005). “Tex. Pen.Code § 9.53. 21 . The trial judge appropriately included a jury instruction on section 9.”

Brock v. State, 295 S.W.3d 45 (Tex. App. 2009). · cites it 2× “Tex. Penal Code Ann. § 9.53 (Vernon 2003).”

Stewart v. State, 221 S.W.3d 306 (Tex. App. 2007). “*314 Tex. Penal Code Ann. § 9.53 (Vernon 2003).”

Johnson v. Peterson, 799 S.W.2d 345 (Tex. App. 1990). “Tex.Penal Code Ann. § 9.53 (Vernon Supp.1990), and because defendants Purvis, Belanger, and Peterson, as employees of the State, are entitled to quasi-judicial immunity from damages.”

Thomas E. Ladner v. J.B. Smith, Sheriff, Smith Cnty., Texas, 1, 941 F.2d 356 (5th Cir. 1991). “See Tex.Penal Code Ann. §§ 9.53, 39.021(a)(1) & (2) (Vernon 1989 & Supp.”

Ladner v. State, 790 S.W.2d 671 (Tex. App. 1988). “The instructions referred to in the above-quoted paragraph of the charge relate to the justification defense provided by Tex. Penal Code Ann. § 9.53 (Vernon Supp.”

Ladner v. Smith, 740 F. Supp. 1254 (E.D. Tex. 1990). · cites it 2× “But petitioners argue further that in the Sabine County cases, the prosecution had an additional trial burden of disproving or negating beyond a reasonable doubt the defense of “justification” under Tex. Penal Code Ann. § 9.53 . 2 Petitioners assert that the only issue on which…”

Dennis Walker v. the State of Texas (Tex. App. 2021). · cites it 2× “3 Appellant further argues that Williams used excessive force within the meaning of Texas Penal Code § 9.53. See PENAL § 9.53.”

Brian Charles Frankenfield v. the State of Texas (Tex. App. 2023). · cites it 2× “” TEX. PENAL CODE § 9.53; see id. § 1.07(a)(14)(A) (defining “correctional facility” to include “a municipal or county jail”).”

Ricardo Gonzales, Jr. v. the State of Texas (Tex. App. 2025). · cites it 2× “” TEX. PENAL CODE ANN. § 9.53. Therefore, Trevino’s testimony concerning his belief that Gonzales did not perform the leg sweep or impermissible maneuver but instead performed the necessary actions to gain control over Gilbert, goes to the very nature of whether - 10 -…”

Jordash Jerome Henderson v. State (Tex. App. 2012). · cites it 3× “See Tex. Penal Code Ann. § 9.53 (West 2011). ―Knowing the innate danger in maintaining a correctional facility, the legislature grants correctional officers the right to use reasonable force against an inmate to maintain their own safety, the safety of others, or the security of…”

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