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Excessive Force Claim


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  • Excessive Force Claim

    Where is the best site online to research case law ? I am looking to research case law regarding police use of force. Here is the scenario:

    Juvenile subject, female, 17 years of age, about 5'-8" tall, heavy build, was taken into custody at school for disorderly conduct. She resisted arrest. The officer suffered a cut to his hand while struggling with the subject to get her handcuffed. He called for assistance.

    The assisting officer arrives on the scene and the subject continues to be non compliant with the officers. The officers escort her to the police office.

    The subject continues to be non compliant refusing to sit down and follow the officers directives. The officer sits her down in a chair. She begins yelling and screaming and explodes up out of the chair, bumping the officer in the chest and screaming in his face. The officer attempts to sit her down again and she goes ballistic. The officer tries to gain control of her but she is kicking and screaming and resisting all the way. In an effort to prevent injury to the subject and gain control of the subject, she is sprayed with a single burst of OC spray. It has VERY minimal effect. The subject is taken to the ground. In the process of going to the ground, the subject crashes into one of the officers legs, causing injury.

    This is documented by the departments occupational health clinic. The officer was off on restricted duty for 3 1/2 days.

    She continues to fight like a wildcat and kick at the officers while on the ground.

    Subject suffered a small abrasion to the shoulder from the carpet. That's it! She had no other injuries when she was transported. No punches were thrown. No blows exchanged. Nothing of that nature by the officers.

    The subjects parent/guardian is claiming excessive force by the officers because she was sprayed with OC while handcuffed. She is also alleged to have suffered some bruising.

    Needless to say the Internal Affairs unit is all over this. I would appreciate your thoughts, opinions, and/or suggestions.

    Thanks !

  • #2
    Reason for Editing.
    Last edited by lazycop; 02-15-2010, 05:40 PM.
    Work smarter not harder!


    • #3
      Based on the facts provided, you sound good to go...Does your P.D. have a 'no spray, while cuffed' policy? I'd assume not. As a DT Inst. your officers responses sound more than reasonable.


      • #4
        Charlie 31, HPPD

        "Evil is a fact not to be explained away, but to be accepted; and accepted not to be endured, but to be conquered. It is a challenge neither to our reason nor to our patience, but to our courage."


        • #5
          From what I read, you guys did what ya had to do... it sounds like the officers acted in Good faith, and had to defended themselve from the crazy B****. Thats a big misconception by the public....just because their cuffed, doesn;t mean they still can't hurt you. Screw IA!
          Last edited by krcool32; 10-07-2005, 01:29 AM.


          • #6
            Hopefully you have this on video and same will be your best defense. Just because a subject is in custody doesn't mean he/she is under control. You have a job to use that force necessary to prevent someone for hurting themselves or others. I can't believe that IA would be all over this. If you have the ability to do a history check on the defendant's address you could check for prior domestics at same. If you can find a report that mom or dad couldn't control daughter your golden.....


            • #7
              We have some pretty hefty FEMALE officers here that would have beat her A** and the A** of any IA jerk investigating the matter. She was big enough to be an adult and old enough to be charged as an adult so if she chose to fight cops like an ignorant adult she should he fully prepared to tak a good old fashioned adult A** whipping like an adult.

              Don't sweat it. Let the investigation run it's course. However it may appear to you that IA is after the officers but not likely.


              • #8
                I can see questions being asked but no problem for the oofs. involved. If the "headhunters" want to be all over it, let 'em. Doesn't sound like there's anything there


                • #9
                  Isn't it nice that the parents go after you instead of doing something about their scum bag daughter?

                  Gotta love some people..


                  • #10
                    Thanks for the responses and the support. It is greatly appreciated.

                    I did look up Graham vs Connor. After looking at the facts of that case, I think we are okay. I think the neat thing about that case is the court addresses the issue of a reasonable officer who IS ON THE SCENE, not sitting in the office behind a desk.

                    Thanks again.


                    • #11
                      I used to be intimidated and worried when people would file these stupid bull**** claims...

                      Now I just do my job and smile and shake my head when people "complain" about it... You can be the most By-The-Book cop in the world and someday you are going to **** someone off anyway. They are probably going to complain and further lie about the events that happened....Nature of the job....

                      My best advice for you would be to not worry about it. Just worry about continuing to do a good job and coming home safe...
                      Retired 02/01/13


                      • #12
                        Write down her BIRTHDAY and when she's an adult there will likley be a reason to arrest her again.


                        • #13
                          Teenage wildcats are the worst

                          No matter what anyone says; having witnessed takedowns of three hundred pound plus bikers on down the line, the most difficult I have ever seen was a strung out 15 year old 89 pound nutcase. Took four officers fifteen minutes to gain control (probably exacerbated by the fact that most male officers have an aversion to the rough handling of a teenage girl; but still) and she was still a handful in the cage, to the point she had to be legged and bagged with spit harness. Amazing.
                          "It's not how far the shot was; it's how close you were able to get."

                          --Jeff Cooper


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