Use of Force

On May 13, 2013, the United States Court of Appeals for the Ninth Circuit came down with a favorable opinion for law enforcement involved in a fatal “officer involved shooting” incident. The Court’s opinion is well thought out and analyzes and evaluates each step of the incident as it progressed, ultimately leading to the fatal shooting of the suspect. A case such as this

In the past months, two different courts released decisions analyzing an officer’s use of an electronic control weapon in the context of the 4th Amendment and allegations of excessive force. Both of these decisions give insight into the manner in which courts are currently evaluating the use of the weapon, the facts and circumstances surrounding an arrest, and a comparison of the suspect’s behavior

By: Eric P. Daigle, Esq The utilization of Electronic Control Devices (“ECD”) has led to a windfall of litigation and court decisions which police departments must interpret to draft policies, conduct appropriate training, and implement the ECD into operation. A recent decision from the United States Court of Appeals for the Ninth Circuit, Mattos v. Agarano,[1] reinforced and clarified applicable standards regarding the permissible