Use of Force

Objective Use of Force Standards Defined as to Pre-Trial Detainees – Guidance on Objective Reasonable Standards

In the decision released on Monday, the United States Supreme Court held in Kingsley v. Hendrickson[1] that the appropriate standard for deciding a pretrial detainee’s excessive force claim is an objective standard.   Accordingly, a pretrial detainee is not required to prove a defendant officer’s state of mind in a claim under 42 U.S.C. §1983 for excessive use of force.  Our analysis of this case finds that in […]

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Supreme Court Approves Deadly Force to Stop a Dangerous Pursuit

In Plumhoff v. Rickard[1], a decision handed down on May 27, 2014, the United States Supreme Court held that officers’ use of deadly force to terminate a dangerous car chase did not violate the Fourth Amendment. The Court also held, in the alternative, that the officers were entitled to qualified immunity because they did not violate any clearly established law. While this article reviews

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Officer Involved Shootings – How Are Courts Analyzing the Use of Deadly 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

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Multiple Applications of Electronic Control Weapon(s): Attempt to Control or Punitive Measures?

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

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Electronic Control Devices – Where Are We Now?

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

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