DLG Learning Center

Use of Force and Mental Illness – Policy Development for No Win Situations

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 often “no win” situations for the involved officers. The law governing a law enforcement officer’s use of force, specifically Graham v. Connor [1], is […]

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42 U.S.C. 1983 – USE OF FORCE

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, with four paramedics, arrived. Finding him disoriented, Paramedic Streeter tried to talk to him, explaining what he needed to do, but Hill was “agitated

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While Subject’s Diminished Capacity Must be Taken Into Account, It Does Not Preclude Officers from Using Reasonable Amount of Force to Bring Subject Under Control

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, including throwing a flower pot through her window. The neighbor was awakened by the noise and attempted to talk to Roell. After Roell threw

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Secondary Employment: Renting a Cop – What Are the Concerns

Attorney Eric P. Daigle Secondary policing, private duty, or off-duty work is the practice by which municipalities allow their sworn officers to moonlight as private security during off hours. Officers are generally allowed to wear their official uniforms, carry department-issued weapons, and maintain all the police powers of an active, on-duty police officer, which includes the power to: search, seize, arrest, and use deadly

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10th Circuit holds that Dogs are Property Protected by the Fourth Amendment

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 family pet are often faced with an internal affairs complaint or civil action for the unnecessary harm caused to the pet. While often these

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SCOTUS: 9th Circuit “Provocation Rule” Is an Unwarranted and Illogical Expansion of Graham v. Connor

On May 30th, 2017, the United States Supreme Court issued its opinion in County of Los Angeles v. Mendez,[1] which eliminated the 9th Circuit’s “Provocation Rule,” finding that once a use of force is deemed reasonable under Graham v. Connor,[2] it may not be found unreasonable in reference to a separate constitutional violation. FACTS In October 2010, Deputies Christopher Conley (“Conley”) and Jennifer Pederson

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Use of Force and Incident Reports Are Not Compelled Reports

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 for purposes of Garrity. I am also often asked if in investigations where officers have refused to complete a required incident report or use

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To Stop or Not to Stop: Recent Trends in Terry Stops and Pat-Downs

Terry stops (also known as investigatory stops) have been a useful tool for law enforcement since 1968, when the United States Supreme Court decided the case of Terry v. Ohio. [1] When used properly, Terry stops can discourage criminal activity, identify suspects and add intelligence information to the files of known criminals. The general principles established in Terry v. Ohio have not changed; Terry

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Mental Illness Response – The Need to Follow Policy and Training

Over the last year, there has been a significant increase in use of force incidents involving those who suffer from mental illness. The United States Supreme Court clarified the need for effective training and policy on how your department handles these high risk contacts. In May of 2015, the U.S. Supreme Court issued its decision in Sheehan v. City and County of San Francisco[1].

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Officers May Administer Breath Tests Under the Search Incident to Lawful Arrest Doctrine, but Not Blood Tests

On June 23, 2016, the United States Supreme Court ruled that breath tests, but not blood tests, may be administered as a search incident to a lawful arrest for drunk driving.[1] The Supreme Court’s decision was the result of a consolidation of three separate cases in which the states have enacted laws making it a criminal offense to refuse to submit to BAC testing

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