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Call LAAW:
(800) 944-4485
(877) 944-4485
Private Security, and Civilian
Risk Management
February 2001
Name:_________________________
Use of Force
Rules:
1. This knowledge exercise is based upon federal United States law. Even though a particular state may have different laws or standards, you should only consider United States federal law.
a. Unless instructed otherwise, assume the majority view of the law.
2. All statistical numbers are only related to United States law enforcement statistics.
3. Unless stated to the contrary, assume that an Officer is a non-federal officer, an Officer is either a state, county, or local law enforcement or correctional officer.
4. READ and UNDERSTAND each of the instructions CAREFULLY before answering.
Definitions (unless specifically stated otherwise or to the contrary):
Department - means a local law enforcement agency in the United States.
F.B.I. - refers to the Federal Bureau of Investigation
Officer - means a sworn law enforcement officer or correctional officer of the Department
(S)he - refers to a non-gender specific officer of the Department.
U.S. - refers to the United States of America.
U.S.S.Ct. - refers to the United States Supreme Court
True or False
T or F (True or False)
1. _______ An Officer may legally stop a motor vehicle when (s)he has a mere hunch that the driver of the vehicle may have committed a crime.
2. _______ When an Officer handcuffs a person, the mere act of handcuffing the person always results in the person being arrested.
3. _______ When an Officer uses force to seize a person, the Officer does not have to be right, the Officer must be subjectively reasonable.
4. _______ An Officer may lawfully use as much force on a person as the Officer using the force personally believes is reasonable and necessary.
5. _______ One method for an Officer to seize a person, for purposes of the Fourth (4th) Amendment, is for a person to submit to the Officer’s coercive authority.
6. _______ An Officer may lawfully use "reasonable force" (without seizing the person) against a person who is being questioned - even when the Officer does not have reasonable suspicion or probable cause to believe the person is implicated in criminal activity.
7. _______ An Officer’s use of force that does not violate federal law, but does violate Department policy, can give rise to a federal civil rights violation (solely because of the Officer’s violation of the Department policy). [Remember, the MAJORITY view.]
8. _______ If a city provided its officers with firearms to arrest fleeing felons and then failed to train its officers in the constitutional limitations of the use of deadly force, this failure would be so obvious as to constitute a policy of deliberate indifference.
9. _______ The objective reasonableness standard requires Officers to select the least intrusive force alternative.
10. _______ Under the Fourth (4th) Amendment, an Officer may only use "subjectively reasonable" force.
11. _______ Federal civil rights liability will attach when an injury or accident could have been avoided if an officer had better or more training sufficient to equip him to avoid the particular injury causing conduct.
12. _______ The current test for an Officer’s use of force on person (s)he is arresting, as pronounced by the U.S.S.Ct., is the "shock the conscience test" as stated in the case of Johnson v. Glick.
13. _______ An Officer may be criminally charged only once for an excessive use of force.
14. _______ Deadly force is that amount of force that causes death or serious bodily harm.
15. _______ An Officer has a Constitutionally mandated duty to render immediate and appropriate medical care to a use-of-force recipient.
16. _______ An intentionally falsified use-of-force report could result in federal criminal charges.
17. _______ The U.S.S.Ct. case of Johnson v. Glick, and its four (4) element test, is the controlling law for an Officer’s use of force during a seizure of a person.
18. _______ An Officer has a duty to intervene if the Officer sees another Officer using excessive force on a person.
19. _______ An Officer does not violate substantive due process by causing death through deliberate or reckless indifference to life in a high-speed automobile chase aimed at apprehending a suspected offender.
20. _______ An Officer’s use of force on a convicted and incarcerated inmate must be reasonable and necessary.
21. _______ The U.S.S.Ct. case of Popow v. Margate is the controlling law dictating the use-of-force training that officers must receive in order for a law enforcement agency to avoid being held civilly liable for failing to properly train its officers in the use of force.
22. _______ The improper application of handcuffs could result in serious bodily harm to the handcuffee.
23. _______ An Officer who fires a warning shot that accidentally strikes a fleeing suspect in the back of the head has “seized” (as a Fourth (4th) Amendment seizure) that person.
24. _______ Only a purpose to cause harm unrelated to the legitimate object of arrest will satisfy the element of arbitrary conduct shocking to the conscience, necessary for a due process violation.
25. _______ An Officer may always handcuff, with metal handcuffs--behind the back, a person whom the Officer has placed under arrest.
Multiple Choice
Multiple Choice: - Mark ALL answers that are correct. There may be more than one correct answer, or there may be no correct answers at all. Meaning, (1) just because there is a space for an answer does not mean that there is a correct answer; (2) just because there is only ONE space for an answer does not mean that there is only ONE answer–there may be several correct answers; and (3) you may need to place more than one answer in a given space. Remember - use federal law and statistics.
1. _______ The most utilized vehicle (procedural mechanism) for a plaintiff to bring a federal civil action against an Officer for an excessive use of force is, or can be found in, or emanate from:
a. 42
U.S.C. § 1983
b. The
Ku Klux Klan Act
c. The
Federal Civil Rights Act of 1871
d. 18
U.S.C. § 241
e. 18
U.S.C. § 242
2. _______ The maximum penalty that an Officer can receive for excessive use of force in violation of 18 U.S.C. § 242 is:
a. one
(1) year imprisonment
b. five
(5) years imprisonment
c. five
(5) years imprisonment and a $250,000 fine
d. twenty--five
(25) years imprisonment
e. death
3. _______ The standard of culpability found in 18 U.S. C. § 242 in order for an Officer to be held criminally accountable for deprivation of a person’s rights under color of law is:
a. accident
b. negligence
c. gross
negligence
d. deliberate
indifference
e. knowingly
f. purposefully
g. Intentionally
h. willfully
i. strict
liability
4. _______ In a federal civil rights excessive use-of-force civil case, the person or entities that can be required to pay punitive damages include:
a. The
Officer
b. The
law enforcement agency
c. The
Officer’s governmental employer
5. _______ In a federal civil rights excessive use of force civil case, the threshold (lowest) level of culpability required to allow the award of punitive damages is:
a. negligence
b. gross
negligence
c. deliberate
indifference
d. knowingly
e. purposefully
f. Intentionally
g. willful
and wanton
6. _______ (According to the F.B.I. -- Preliminary Numbers) In the year 2000, there were U.S. law enforcement officers feloniously killed.
a. 25
b. 50
c. 75
d. 100
7. _______ (According to the F.B.I.) From January 1, 1989, through December 31, 2000, U.S. law enforcement officers were feloniously killed in the line of duty.
a. 312
b. 682
c. 1,
418
d. 2,
459
8. _______ In 1998, (According to the F.B.I.) (With 8,000 reporting agencies) there were assaults on U.S. law enforcement officers.
a. 59,
545
b. 82,
512
c. 123,893
d. 256,
518
9. _______ (According to the F.B.I.) In 1999, U.S. law enforcement officers justifiably killed felons in the line of duty.
a. 294
b. 613
c. 1,
812
d. 3,
638
10. _______ The use-of-force continuum adopted by the majority of federal courts in use-of-force civil litigation is the:
a. FLETC
(Federal Law Enforcement Training Center) Continuum
b. FBI
Continuum
c. Graham
v. Connor Continuum
d. Magna
Carta Use-of-Force Outline
e. F.R.E.
(Federal Rules of Evidence) Rule 26 (adopted) Continuum
11. _______ The current acceptable U.S.S.Ct. standard for an Officer’s use of force in the seizure of a person is:
a. The
Fourth (4th) Amendment’s "subjective reasonableness test."
b. The
Fourth (4th) Amendment’s "objective reasonableness test."
c. The
Fifth (5th) Amendment’s “shock the conscience test.”
d. The
Eight (8th) Amendment’s "cruel and unreasonable punishment
test."
e. The
Fourteenth (14th) Amendment’s "shock the conscience test."
12. ________ Which of the following will make a "reasonable detention" an “arrest,” even if the Officer does not want it to?
a. Moving
the detainee from the scene of the stop without the detainee's consent
or without exigent circumstances.
b. Using
more force than is objectively reasonable.
c. Detaining
the detainee beyond the point of diligently pursing the investigation.
d. Taking
a detainee's finger prints.
e. Taking
a photograph of the detainee.
13. ________ A correct federal use-of-deadly force standard is the:
a. Tennessee
v. Garner Fleeing Felon Standard
b. Model
Penal Code Standard
c. Necessary
Force Standard
d. Preservation/Protection
of Life Standard
14. ________ An Officer who uses excessive force could face the following possible sanctions:
a. State
Criminal Charges
b. Federal
Criminal Charges
c. State
Civil Litigation
d. Federal
Civil Litigation
e. Prosecution
under the “Declaration on the Protection of All Persons from Being Subjected
to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment”
f. Prosecution
under the “International Torture Convention”
g. Administrative
Discipline/Termination
15. ________ An Officer should include which of the following in his/her use-of-force report after the Officer has used force while seizing a person?
a. The
severity of the crime
b. Whether
the suspect poses an immediate threat to the safety of officers and others
c. Whether
the suspect is actively resisting arrest or attempting to evade arrest
by flight
d. Are
the circumstances tense, uncertain, and rapidly evolving
16. ________ 42 U.S.C. § 1983 provides, in part, that “[e]very person who, under color of any , of any State or Territory or the District of Columbia, subjects, or causes to be subjected, ...” (Fill in the underlined space) (For this question provide only one or no answer.)
a. law
b. ordinance
c. regulation
d. statute,
ordinance, regulation, custom, or usage
17. ________ The 9th Circuit Court of Appeals case of Vera Cruz v. City of Escondido, 126 F.3d 1214 (9th Cir. 1997) defines an Officer’s use of deadly force as:
a. force
likely to cause death or serious bodily harm.
b. force
reasonably likely to cause death or great bodily harm.
c. force
reasonably likely to kill.
d. force
forseeably likely to cause death or great bodily harm.
18. ________ The 9th Circuit Court of Appeals case of Vera Cruz v. City of Escondido, 126 F.3d 1214 (9th Cir. 1997) states that an Officer’s use of a trained dog to stop a fleeing suspect:
a. is
the use of deadly force under the Fourth (4th) Amendment.
b. can
be the use of deadly force.
c. isn’t
the use of deadly force under the Fourth (4th) Amendment.
d. will
normally be the use of deadly force.
19. ________ The following are Fourth (4th ) Amendment (to the U.S. Constitution) seizures:
a. A
brief detention of a person per Terry v. Ohio.
b. The
arrest of a person based upon probable cause to believe the person has
committed a felony.
c. An
Officer’s intentional use of force upon a person who was operating a motor
vehicle.
d. A
Correctional Officer’s intentional use of pepper spray on a pre-trial
detainee.
e. A
Federal Correctional Officer’s use of restraints on a convicted inmate.
20. ________ The following Constitutional Amendments contain or create standards affecting an Officer’s (federal and/or local Officers) use of force:
a. Fourth
(4th) Amendment
b. Fifth
(5th) Amendment
c. Eighth
(8th) Amendment
d. Thirteenth
(13th) Amendment
Match the Quote
Match the name of following U.S.S.Ct.
cases to the quotes below - quotes directly from the cases
- some cases may not be used at all, while other
cases may be used multiple times
- ONLY match the FIRST U.S.S.Ct. case to make the quoted
statement.
A. Brower
v. County of Inyo, 486 U.S. 593 (1989)
B. Graham
v. Connor, 490 U.S. 386 (1989)
C. Tennessee
v. Garner, 471 U.S. 1 (1985)
D. County
of Sacramento v. Lewis, 118 S.Ct. 1708 (1998)
E. Bell v.
Wolfish. 441 U.S. 520 (1979)
F. Whitley
v. Albers, 475 U.S. 312 (1986)
G. Monell
v. New York Department of Social Services, 436 U.S. 658 (1978)
H. Canton
v. Harris, 489 U.S. 378 (1989)
I. Farmer v. Brennan, 511 U.S. 825 (1994)
1. To prevent the escape of a dangerous suspect, “... if the suspect threatens the officer with a weapon, or if there is probable cause to believe that he has committed a crime involving the infliction or threatened infliction of serious physical harm, deadly force may be used if necessary to prevent escape, and if, where feasible, some warning has been given.”
2. The standard: “... whether force was applied in a good faith effort to maintain or restore discipline or maliciously and sadistically for the very purpose of causing harm.”
3. “ ... the test of reasonableness under the Fourth Amendment is not capable of precise definition or mechanical application.”
4. "[I]t may happen that in light of the duties assigned to specific officers or employees the need for more or different training is so obvious, and the inadequacy so likely to result in the violation of constitutional rights, that the policy makers of the city can reasonably be said to have been deliberately indifferent to the need. In that event, the failure to provide proper training may fairly be said to represent a policy for which the city is responsible, and for which the city may be held liable if it actually causes injury."
5. A “seizure” occurs when there is a “ ... governmental termination of freedom of movement through means intentionally applied.”
6. "When the execution of a government's policy or custom, whether made by its lawmakers or by those who edicts or acts may fairly be said to represent official policy, inflicts the injury, then the government is responsible under Section 1983."
7. When decisions are “necessarily made in haste, under pressure, and frequently without the luxury of a second chance ... only a purpose to cause harm ... will satisfy th element of arbitrary conduct shocking to the conscience, necessary for a due process violation ...”
8. Use of force: “Our Fourth Amendment jurisprudence has long recognized that the right to make an arrest or investigatory stop necessarily carries with it the right to use some degree of physical coercion or threat thereof to effect it.”
9. The reasonableness standard: “... whether the officers’ actions are objectively reasonable in light of the facts and circumstances confronting them ... judged from the perspective of a reasonable officer on the scene, rather than the 20/20 vision of hindsight.”
10. “Allowance must be made for the fact that officers are often forced to make split-second judgements - in circumstances that are tense, uncertain, and rapidly evolving ...”
11. “Canton's objective standard ... is not an appropriate test for determining the liability of prison officials under the Eighth Amendment as interpreted in our cases.”
12. "Only where failure to train reflects a `deliberate' or `conscious' choice by a municipality -- [in other words] a `policy' as defined by our prior cases -- can a city be held liable for such failure under §1983."
Constitutionality Matching - Judgments
For the questions listed in this section you must:
1. identify the appropriate Constitutional standard; and
2. determine whether the Officer’s use of force is Constitutionally appropriate/acceptable.
“Which [Use-of-Force] Con. Standard” - The Constitutional Standards to choose from are:
A. 4th Amendment standard - applied directly
B. 4th Amendment standard - applied via the 14th Amendment
C. 5th Amendment standard - applied directly
D. 5th Amendment standard - applied via the 14th Amendment
E. 8th Amendment standard - applied directly
F. 8th Amendment standard - applied via the 14th Amendment
G. 13th Amendment standard - applied directly
H. 13th Amendment standard - applied via the 14th Amendment
I. 14th Amendment standard
J. None of the above
K. Impossible to determine which standard applies“Use of Force Constitutional?” - Determine whether the Officer’s use of force is Constitutionally appropriate/acceptable, or not. Constitutional appropriateness does not imply that other laws, standards, or policies may not have been violated. ONLY use the “Constitutional” standard (if one applies).
Remember, unless otherwise specified an “Officer” is a local (non-federal officer).
Only pay attention to the use-of-force issues and do not read any additional information into the questions.
Which Con. Use
of Force
Standard? Constitutional?
1. G Yes G No An Officer sees a residential burglar fleeing from the scene of the burglary. The Officer yells for the person to halt. The person begins to climb over a chainlink fence. The Officer intentionally shoots the person in the back to avoid the person’s escape. Luckily the person survives the shooting.
2. G Yes G No After knocking, announcing their presence and intention, and after being refused entry, three Officers (legally) forcibly enter a woman’s home to execute an arrest warrant on the woman. The Officers find that the woman has locked herself in a bathroom. After several attempts, by the Officers, to persuade the woman to come out of the bathroom, the Officers (legally) force open the bathroom door. The Officers see that the woman, in the bathroom, has a gun. The Officers retreat down the hall and take up positions of cover. The woman shoots herself and dies.
3. G Yes G No A convicted, but not yet sentenced, federal inmate, in a federal Bureau of Prisons’ facility, spits in a Federal Correctional Officer’s face. In retaliation, the Officer subjects the inmate to an electronic restraint device.
4. G Yes G No A person has been arrested for minor criminal offenses. The person is brought to a jail facility, booked in, and remains in the facility for over twelve (12) hours. Officers are going to transport the person to a different detention facility. An Officer handcuffs the person and takes him into the garage area for transport. The person runs. The Officer draws his firearm and intentionally shoots the person in the back for the sole purpose of preventing the person’s escape.
5. G Yes G No A United States Deputy Marshal is transporting an alleged terrorist to a pre-trial conference. En route the terrorist kicks the Deputy in the groin, causing the Deputy great pain and suffering. Later, to get even, as the terrorist is getting out of the transport vehicle the Deputy intentionally trips the terrorist causing him (the terrorist) to fall to the ground (unable to break his fall because of the restraints) breaking his nose.
6. G Yes G No An Officer arrests a man for disorderly conduct. The Officer transports the man to the jail. Within minutes after arriving at the jail, the Officer grabs the man and slams him to the floor of the detention room.
7. G Yes G No An Officer makes a lawful traffic stop of an evil traffic doer (minor traffic offender). The Officer orders the driver out of the car. The Driver refuses to get out of the car. The Officer attempts to remove the Driver from the car. The Driver attempts to raise the car window, trapping the Officer’s hand. The Driver begins to drive away with the Officer’s hand stuck in between the window and the window frame. Fearing for his life, the Officer draws his firearm and fires one round into the window in order to free his hand. The Officer’s bullet accidentally strikes the Driver.
8. G Yes G No An Officer is patrolling a city park after an ordinance imposed curfew (no trespassing after midnight, and it is after midnight). While on patrol in the park, the Officer sees a homeless man sleeping (sitting up) on a park bench. The Officer approaches the man and attempts to arouse him (ah, wake him up) – by gently shaking his shoulder. The man’s eyes come wide open and the man lunges toward the Officer with what the Officer reasonably perceives to be a knife. The Officer strikes the man across the head with his heavy metal flashlight. Later, it is determined that the object in the man’s hand was a black comb.
9. G Yes G No An Officer is dispatched to a domestic disturbance. Upon arrival at the incident scene, the Officer is confronted by a man with a large knife acting in a bizarre manner. The Officer draws his firearm and orders the man to drop the knife. The man grabs a small child, picks the child up, and holds the knife to the child’s throat. The man is crying hysterically and mumbling that there is no reason to live and that he is “going to take the child to heaven” so that he will not be alone. You see the man make a furtive aggressive move with the knife toward the child’s throat. You discharge one round, hitting the child in the forehead.
10. G Yes G No Canine Officers are tracking a man accused of numerous violent criminal acts (the Officers have probable cause that the man, while armed with a handgun, has committed several violent crimes). An Officer sees the fleeing man and orders him to stop or the officer will shoot The man spins toward the Officer, assumes a weaver shooting stance, and says, “You STOP, or I’ll shoot!” The Officer fires a three (3) round burst from his MP-5, hitting the person with all three (3) rounds. The man expires on the scene. Later it is determined that the man did not have a firearm/handgun.