Uses of Force cases have been a compelling issue for police officers. In our age of social media and a wide array of opinions on how police officers should operate it has become more difficult to do our jobs. What […]
You’re In My House: Examining Criminal Charges in Use of Force Incidents Continue Reading »
Police use of force often results in negative media attention, civil suits, ridicule, and an emotionally charged community. These encounters are often captured on video and quickly go viral on the internet. As with police encounters involving citizens, attention to
Use of Deadly Force Against Man’s Best Friend Continue Reading »
In the last two years, we have seen a significant increase in the use of force incidents, including deadly force incidents, involving individuals who are mentally ill or incapacitated. Of great concern is that, for responding officers, these incidents are
Use of Force and Mental Illness – Policy Development for No Win Situations Continue Reading »
Estate of Corey Hill v. Miracle, 2017 WL 1228553 (6th Cir. 2017) Decided April 4, 2017 FACTS: In June 2013, Hill suffered from low blood sugar and went into a diabetic emergency. His girlfriend, Worrall, called EMS. Two EMS units,
42 U.S.C. 1983 – USE OF FORCE Continue Reading »
Roell v. Hamilton County, Ohio, _________ (6th Cir. 2017) In the late evening hours of August 12, Gary Roell, who suffered from a mental illness, entered into a state of excited delirium, and created a disturbance at his neighbor’s condominium,
During Use of Force Policy discussions and Training across the Country the topic often leads to a discussion of using force against an animal that is a pet. While litigation history has shown officers who have used force against the
10th Circuit holds that Dogs are Property Protected by the Fourth Amendment Continue Reading »
One of the questions I am often asked when implementing a Use of Force Reporting system that requires completion of a use of Force report is whether the required completion of a use of force report is a compelled statement
Use of Force and Incident Reports Are Not Compelled Reports Continue Reading »
Written By: James Marker and Eric Daigle, Esq. Across the Country, in response to use of force incidents, there is a knee jerk reaction of different organizations to adapt the United Kingdom’s National Decision Making Model into American law enforcement.
On January 11, 2016, the Fourth Circuit Court of Appeals decided the case of Armstrong v. Pinehurst, 2016 U.S. App. LEXIS 380. The Court’s decision has astounded much of the law enforcement community on the east coast and, since that
Use of the Electronic Control Weapon: Is the Standard Changing? Continue Reading »
In the decision released on Monday, the United States Supreme Court held in Kingsley v. Hendrickson[1] that the appropriate standard for deciding a pretrial detainee’s excessive force claim is an objective standard. Accordingly, a pretrial detainee is not required to prove a defendant
In Plumhoff v. Rickard[1], a decision handed down on May 27, 2014, the United States Supreme Court held that officers’ use of deadly force to terminate a dangerous car chase did not violate the Fourth Amendment. The Court also held,
Supreme Court Approves Deadly Force to Stop a Dangerous Pursuit Continue Reading »
On May 13, 2013, the United States Court of Appeals for the Ninth Circuit came down with a favorable opinion for law enforcement involved in a fatal “officer involved shooting” incident. The Court’s opinion is well thought out and analyzes
Officer Involved Shootings – How Are Courts Analyzing the Use of Deadly Force? Continue Reading »
