Module 8

Drewitt v. Platt.

Officer entitled to qualified immunity for shooting despite the fact that he violated both policy and state law by attempting misdemeanor arrest without displaying a badge.

PC 9.22

Out of necessity. Use of force is justified when "(1) the actor reasonably believes the conduct is immediately necessary to avoid imminent harm; (2) the desirability and urgency of avoiding the harm clearly outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the law proscribing the conduct; and (3) a legislative purpose to exclude the justification claimed for the conduct does not otherwise plainly appear." (PC 9.22).

Custody

Under arrest by a peace officer or under restraint by a public servant pursuant to an order of a court of this state or another state of the United States; or being under restraint by an agent or employee of a facility that is operated by or under contract with the United States and that confines persons arrested for, charged with, or convicted of criminal offenses.

Weaponless

Weaponless strategies, or the use of physical strength and skills, should be used when words do not control an inmate and when the use of a weapon is not appropriate or necessary. Situations in which weaponless strategies are called for can be remembered using the acronym SAFER: Security. When a person seriously threatens bodily harm to a corrections officer or another person, or when the officer's control is compromised Attack. When an officer's body danger zone is violated or an inmate displays aggressive behavior Flight. When an inmate begins walking or running away or when an inmate escapes from custody Excessive Repetition. When an officer is forced to repeat the same words or ideas over and over; repeated refusal by an inmate to comply or when an inmate is unreceptive to alternatives after repeated appeals Revised Priorities. When the problem or constraints change or other events of greater importance occur Weaponless options are pain compliance techniques used to cause a person to cease resistance. They include restraint holds and impact and stunning blows and rely on an officer'sself-control, mental and physical balance, and awareness

CCP 2.18 Custody of Prisoners

When a prisoner is committed to jail by warrant from a magistrate or court, he shall be placed in jail by the sheriff. It is a violation of duty on the part of any sheriff to permit a defendant so committed to remain out of jail, except that he may, when a defendant is committed for want of bail, or when he arrests in a bailable case, give the person arrested a reasonable time to procure bail; but he shall so guard the accused as to prevent escape.

Gravely v. Madden.

A police regulation or guideline on the use of force "does not create a substantive right that gives rise to a cause of action for damages."

City of Houston, Texas v. Hill

A properly trained officer may reasonably be expected to exercise a higher degree of restraint than the average citizen and thus be less likely to respond belligerently to fighting words.

Force

An aggressive act committed by any person, which does not amount to an assault and is necessary to accomplish one's objective.

Deadly force

An officer may use deadly force to protect himself or others when and to the degree he reasonably believes there is an immediate threat of death or serious bodily injury. An officer should not use deadly force if there is a risk that his actions could cause an innocent person to be injured or killed. While an officer might be justified in the discharge of a weapon, the law requires that he do so with reasonable prudence to avoid injury to others and that he exercise care commensurate with the danger involved.

CCP 15.24

An officer may use reasonable means necessary to secure detention of the accused, but should not use more than is necessary

PC 9.04

As a threat. "The threat of force is justified when the use of force is justified by this Chapter. For purposes of this section, a threat to cause death or serious bodily injury by the production of a weapon or otherwise, as long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute the use of deadly force." (PC 9.04).

Complaint

commnand presence

improper use of force or excessive force may subject to what?

corrections officers to civil and criminal liability. Certain types of force may be limited or prohibited by your department policy, such as the use of irritants, batons or impact weapons, and deadly force.

few factors that can impact and inform your decision-making, how work assignments are made, and how you defend your force decisions:

facility design, specific situations such as rule violations versus criminal acts, manpower, access to assistance, including supervisors and response teams, and your level of training as well as your fellow floor staff.

Passive resistance

verbal/non verbal

assault

weapon

active resistance

weaponless

PC 9.53

For maintaining penal security. "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." (PC 9.53).

Deadly Force

Force that is intended or known by the actor to cause, or in the manner of its use or intended use is capable of causing, death or serious bodily injury.

Weapons strategies

Handheld electrical weapons (stun guns and tasers) Chemical weapons (mace and pepper spray) Batons or other impact weapons

PC 9.32

In defense of person. "(a) A person is justified in using force against the another (1) if using force against the other is justifiable under Section 9.31; (2) when and to the degree he reasonably believes the deadly force is immediately necessary: A) to protect himself against the other's use or attempted use of unlawful deadly force; or B) to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery. (b) The actor's belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that subdivision is presumed to be reasonable if the actor: (1) knew or had reason to believe that the person against whom the deadly force was used: (A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment; (B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment; or (C) was committing or attempting to commit an offense described by Subsection (a)(2)(B); (2) did not provoke the person against whom the force was used; and (3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used. (c) A person who has a right to be present at the location where the deadly force is used, who has not provoked the person against whom the deadly force is used, and who is not engaged in criminal activity at the time the deadly force is used is not required to retreat before using deadly force as described by this section. (d) For purposes of Subsection (a)(2), in determining whether an actor described by Subsection (c) reasonably believed that the use of deadly force was necessary, a finder of fact may not consider whether the actor failed to retreat."

PC 9.03

In the form of confinement. "Confinement is justified when force is justified, if the actor takes reasonable measures to terminate the confinement as soon as he knows he safely can unless the person confined has been arrested for an offense." (PC 9.03).

Force Continuum

Inmates should be controlled, using the minimum force necessary. The types of force applied in controlling inmate behavior can be divided into five levels of severity, from mildest to most severe

verbal and nonverbal communication

Posture, gestures, and eye contact are non-verbal forms of communication, while tone of voice, volume, statements of fact, instructions, and warnings are forms of verbal communication. All qualify as verbal and non-verbal communications strategies to use with inmates. Verbal and non-verbal communication should be used when officers must deal with: People who do not want to talk or listen Emotionally charged individuals Dangerous circumstances Being watched by others People who dislike or distrust officers

PC 9.31

Self defense. "(a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree he reasonably believes the force is immediately necessary to protect himself against the other's use or attempted use of unlawful force; (b) The use of force against another is not justified: (1) in response to verbal provocation alone; (2) to resist an arrest or search that the actor knows is being made by a peace officer, or by a person acting in a peace officer's presence and at his direction, even though the arrest or search is unlawful, unless the resistance is justified under Subsection (c); (3) if the actor consented to the exact force used or attempted by the other; (4) if the actor provoked the other's use or attempted use of unlawful force, unless: (A) the actor abandons the encounter, or clearly communicates to the other his intent to do so reasonably believing he cannot safely abandon the encounter; and (B) the other nevertheless continues or attempts to use unlawful force against the actor; or (5) if the actor sought an explanation from or discussion with the other person concerning the actor's differences with the other person while the actor was: (A) carrying a weapon in violation of Section 46.02; or (B) possessing or transporting a weapon in violation of Section 46.05. (c) The use of force to resist an arrest or search is justified: (1) if, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make the arrest or search; and (2) when and to the degree the actor reasonably believes the force is immediately necessary to protect himself against the peace officer's (or other person's) use or attempted use of greater force than necessary. (d) The use of deadly force is not justified under this subchapter except as provided in Sections 9.32, 9.33, and 9.34 (PC 9.31)."

Steps of applying pressure points

Stabilize the area where pressure will be applied. Issue the inmate verbal commands of control. Apply pressure to the pressure point until verbal commands are obeyed. Ease the pressure when the inmate complies with the commands

Escape

The unauthorized departure from custody or failure to return to custody following temporary leave for a specific purpose or limited period or leave that is part of an intermittent sentence, not including a violation of conditions of community supervision or parole other than conditions that impose a period of confinement in a secure correctional facility.

PC 9.52

The use of force to prevent the escape of an arrested person from custody is justifiable when the force could have been employed to effect the arrest under which the person is in custody, except that a guard employed by a correctional facility or a peace officer is justified in using any force, including deadly force, that he reasonably believes to be immediately necessary to prevent the escape of a person from the correctional facility.

PC 9.34

To protect life or health. "(a) A person is justified in using force, but not deadly force, against another when and to the degree he reasonably believes the force is immediately necessary to prevent the other from committing suicide or inflicting serious bodily injury to himself. (b) A person is justified in using both force and deadly force against another when and to the degree he reasonably believes the force or deadly force is immediately necessary to reserve the other's life in an emergency." (PC 9.34).

two ways to manipulate these pressure point

applying pressure striking

lethal threat/escape

deadly force

Correctional use of force

evaluated under the "cruel and unusual punishment" standard, whereas police use of force is evaluated under the "objective reasonableness" standard.

Striking application

involves using the legs, hands, or forearms to strike a large muscle mass and induce an inmate to comply with given commands.

Pressure point

point on the body to which one can apply pressure for therapeutic purposes, as in acupressure or reflexology, or for control purposes, as in pain compliance control

Command presence

refers to the officer's mere position of legal authority, which can initiate inmate cooperation. It consists of routine supervision and an acceptance of the officer's authority by the inmates. When there is no inmate resistance to an officer's authority or to institutional rules and requirements, a command presence should be sufficient to maintain order

Handcuffs

restraint devices used to hold an inmate's hands securely. Each pair is made of two halves, each with a movable single bar and a static double bar, held together by a locking device

Double lock

single bar in place may prevent unnecessary injuries caused by the single bar tightening onto the wrist. If this happens, the inmate may receive severe bruises, lacerations, or damage to the nerves located in the wrist. This happens because the inmate moves, either voluntarily or involuntarily, causing the single bar to tighten. You should double-lock the handcuffs every time you place them on an inmate, unless taking the time necessary to do so would place you in a dangerous environment. In this case, move the inmate to a place of safety prior to double locking the handcuffs.