Use of Force

UOF Following a Pursuit and Plaintiff Safety – Third Circuit

Our case today comes to us from the Third Circuit and involves both qualified immunity and alleged excessive force. The facts of this case get a little hectic and in order to fully understand the court’s decision it is important to review how an officer is entitled to qualified immunity. When deciding if an officer is entitled to qualified immunity the officer’s actions must not violate a […]

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Use of Force Failure to Intervene – Eleventh Circuit

Today we head to the 11th Circuit which covers the states of Alabama, Georgia and Florida to talk about issues that are currently faced by police departments across the country. These issues include appropriate applications of force, Qualified Immunity and Bystander Liability, also known as the Failure to Intervene.  Before we look at the facts and the court decision in this case let me just make a

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Use of Force: Officer Involved Shooting – Goffin v. Ashcraft

Today’s article will discuss a case that focuses on an Officer-Involved-Shooting in Warren, Arkansas and deals with the shooting of a suspect who, unbeknownst to the officer, was not in possession of a handgun at the time he was shot.  Under these circumstances was the officer entitled to Qualified Immunity? As we navigate through this difficult time, I know that I am preaching to the

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Civil Use of Force – O’Brien v Town of Bellingham

For today’s article, we will look at a Civil case out of Massachusetts where the trial court and ultimately, the 1st Circuit, looked at the facts and circumstances involved in O’Brien’s arrest and subsequent booking and determined that the officers were entitled to Summary Judgment and dismissed the case.  Prior to filing this civil claim O’Brien pled guilty to a number of criminal charges including assault

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What Not to Do: UOF Training 101

There are a lot of conversations across the globe today regarding UOF in the US. And one thing that we can all agree on is that police officers making a joke out of training, especially in the area of use of force, is not a good place to start. Today’s article focuses on a recent case, Wright vs. City of Euclid[i]. To start things off, here’s

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Use of Force Continuum – Seriously?? What is old is now new and what is new is clearly broken…

Does societal pressure and the reactive response to use of force in this country have you considering placing a diagram of the use of force continuum back into your use of force policy? Seriously?  PLEASE DO NOT… Do you know the history and reasoning behind the decision to remove the continuum from use of force policies a decade ago and why it is now unacceptable

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Webinar: The Use of Force Continuum

The Use Of Force Continuum – Seriously??​ What is Old, is Now New and What is New is Clearly Broken… Watch Attorney Eric Daigle, both the principal of Daigle Law Group and a national use of force instructor/expert, for an in-depth webinar about the history and trends associated with using a diagram continuum in a constitutional policing model. Attorney Daigle will discuss the history

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Excessive Force by Tight Handcuffs

In past articles we have discussed the proper use of handcuffs and the importance of checking cuffs for tightness and double locking the cuffs to avoid tightening. Some of you may recall the 2004 case out of San Diego where the surgeon was awarded a multi-million- dollar verdict by a jury, based in part, on a finding that officers applied the handcuffs too tightly

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