In Walker v. City of New York i, the United States Court of Appeals for the 2nd Circuit gave law enforcement some direction for determining what training officers must be provided with to do their jobs professionally and with lower liability exposure. Essentially the case indicated that if you know to a moral certainty that officers will confront a certain situation; and that encounter will force officers to make a choice between different alternatives; and making the wrong choice will expose persons to potential Constitutional violations; then the agency must provide these officers with reasonable training to equip them to make these [...]

In Harris v. Coweta County, the United States Court of Appeal for the 11th Circuit analyzed a ramming during a police pursuit under deadly force principles and refused to grant the officer summary judgment or qualified immunity. The supervisor, who authorized Deputy Scott to perform the Precision Immobilization Technique during the pursuit was granted summary judgment and dismissed from the case because, while he authorized the P.I.T. maneuver, the deputy did not P.I.T. Harris’ vehicle but instead rammed the vehicle. The United States Supreme Court has decided to consider the decision of the 11th Circuit Court of Appeal in this [...]

In Rajaee El-Amin v. Commonwealth of Virginia, 2005 Va. LEXIS 17 (2005), the Supreme Court of Virginia considered the authority of a police officer to conduct a pat-down of a subject based upon their association with a subject found to be in possession of a firearm. While the court declined to adopt an “automatic companion” rule, the court found that the close association with a subject found to be in possession of a gun, would be a factor in supporting a pat-down search. “On the evening of August 4, 2000, the Richmond Police received an anonymous tip that six young black [...]

Over the last decade police agencies have turned to the use of pepper-spray as an alternative on their use of force options list. While pepper-spray seems to have significantly reduced injuries to suspects caused by impact weapons, pepper-spray has not been litigation-free. A high-profile case from the 9th Circuit Court of Appeals established that the use of pepper-spray against passively resistant protestors violates constitutional protections *1. Headwaters involved a group of protestors who were involved in a demonstration at the Pacific Lumber Company. The protestors had locked themselves together with “black bears.” When sheriff’s deputies arrived at the demonstration, the supervisor decided to use [...]

Another area being carved out through lawsuits is the use of less-lethal weapons. Although the widespread use of beanbag rounds is fairly new to policing, cases contemplating the propriety of their use have been popping up in the media and in the courts. The common theme with less-lethal weapons as with all uses of force is reasonableness. Was it reasonable to use the force employed in the circumstances faced by the officer? In Deorle v. Rutherford and the County of Butte, the court considered the use of a beanbag projectile on an emotionally disturbed person. On September 9th 1996 Richard Deorle [...]

What is the burden of proof to sustain allegations of misconduct against a police employee? Nearly all law enforcement agencies use “preponderance of the evidence” as the burden of proof to sustain allegations. Preponderance of evidence has been defined as more than 50 percent; a tipping of the scales of justice; or more likely than not. Some agencies and public employment settings use a higher burden of proof – clear and convincing evidence. This is somewhere between preponderance and beyond a reasonable doubt or the criminal burden of proof. This higher level is usually found in agencies controlled by a human [...]