Civil Liability

Question 1

Describe passive resistance

Answer 1

When a person exhibits no resistive movement in response to verbal or other direction

Question 2

What is active resistance?

Answer 2

When a person exhibits resistive movement to avoid physical control

Question 3

When might handcuffing be considered excessive force?

Answer 3

• Unduly tight or excessively forceful handcuffing
• Handcuffing a peaceable arrestee in a way likely to cause physical harm
• Choosing to handcuff someone with a severe, obvious injury in a way likely to cause serious harm
• Suspect complained handcuffs were too tight, officer ignored complaints and suspect experienced physical injury

Question 4

When might O.C spray be considered excessive force?

Answer 4

• Spraying someone who has already subdued or has quit resisting
• Depending on the circumstances spraying someone who is already handcuffed or in the back of a cruiser, may or may not be justified

Question 5

Describe when using a taser is considered reasonable force, and when it is unreasonable

Answer 5

• It is reasonable on a suspect that is actively resisting, must show a deliberate choice to be defiant by suspect either verbally or physically
• It is unreasonable on a suspect that is simply non compliant, this alone does not indicate active resistance

Question 6

What are some considerations when using force against the mentally ill?

Answer 6

• The diminished capacity of an unarmed suspect must be taken into account when determining a reasonable amount of force to be used
• Different tactics should be used against an unarmed, emotionally distraught person who is resisting arrest or creating a disturbance
• When it comes to deadly force a person’s mental state does not determine whether or not they pose a reasonable threat

Question 7

When can an officer use deadly force?

Answer 7

1. ) To protect themselves or others from immediate threats of serious physical injury AND/OR
2. ) To prevent escape of a fleeing “dangerous” person

Question 8

What are some of the variables an officer should use to determine the presence of an imminent threat?

Answer 8

> Likelihood of a weapon being present
Capability of that weapon
How close suspects with weapons are, and capability of those weapons
Exposure of officers/others (presence or lack of cover, concealment)
Suspect’s actions independent of weapons, likelihood of injury if actions continue

Question 9

Explain officer liability when responding to an emergency call

Answer 9

Calls of an inherently dangerous nature requiring an immediate response by the officer, are covered by the sovereign immunity standard (if accident occurs), unless officer was driving in a willful and/or wanton manner

Question 10

What are some of the factors used in judging reasonable force?

Answer 10

• Severity of the crime suspected
• Whether suspect is an immediate safety threat to officers/others
• Whether suspect is actively resisting
• Whether suspect was attempting to flee to avoid arrest