news and information from the AELE website on topics of interest to law enforcement http://www.aele.org/ Part two of a series on Civil Liability for Use of Handcuffs discusses cases where force was used on a handcuffed prisoner. http://www.aele.org/law/2008-11MLJ101.html Officers and firefighters who are on-call must wear a pager or mobile phone, and may be required to report for duty, fully sober, in less than an hour. Is that compensable duty time? http://www.aele.org/law/2008-11MLJ201.html Courts have generally upheld the use of chemical weapons in prison riot or disturbance circumstances, but have also clearly indicated that some uses can lead to liability. http://www.aele.org/law/2008-11MLJ301.html Federal appeals court upholds multiple uses of Taser against a handcuffed motorist who refused to comply with instructions to stand up and walk to an officer's car. Buckley v. Haddock, #07-10988, 2008 WL 4140297, 2008 U.S. App. Lexis 19482 (Unpub. 11th Cir.). http://www.ca11.uscourts.gov/unpub/ops/200710988.pdf A police officer's decision to fatally shoot a man threatening grocery store clerks with a knife was reasonable. The officers attempted to use non-lethal force to subdue him, but he continued to resist. Gregory v. Zumult, #07-1282, 2008 U.S. App. Lexis 20551 (Unpub. 4th Cir.). http://pacer.ca4.uscourts.gov/opinion.pdf/071282.U.pdf The New Jersey Dept. of Corrections' training academy's no-facial hair policy was neutral and only incidentally burdened religion. It was rationally related to compliance with federal and state health regulations concerning the use of respirator masks and a concern about the esprit de corps, which comes from uniformity of appearance. Management did not violate the rights of a Muslim trainee who was removed from the training program when he failed, on three separate occasions, to keep his beard within parameters that were allowed to him as an accommodation of his religion. Valdes v. New Jersey, #07-2971, 2008 U.S. App. Lexis 17380 (Unpub. 3rd Cir.). http://www.ca3.uscourts.gov/opinarch/072971np.pdf Seventh Circuit rejects an action brought by a jailer who claimed that she was fired in retaliation for filing a sexual harassment complaint. She unlawfully tape-recorded her meeting with her superiors. "Title VII does not grant employees license to engage in dubious self-help activities to obtain evidence." Argyropoulos v. City of Alton, #07-1903, 2008 U.S. App. Lexis 18330 (7th Cir.). http://caselaw.lp.findlaw.com/data2/circs/7th/071903p.pdf The record failed to show how a prison's limit of ten books in a prisoner's cell furthered safety and security interests. The appeals court ordered further proceedings on the prisoner's lawsuit, challenging the removal of 57 books, including the Koran. Warren v. Pennsylvania, #07-3011, 2008 U.S. App. Lexis 17395 (Unpub. 3rd Cir.). http://www.ca3.uscourts.gov/opinarch/073011np.pdf Pre-trial detainees, who were subjected to strip searches as part of the process before being placed into the general jail population, did not suffer a violation of their Fourth Amendment rights, despite the lack of an individualized finding of reasonable suspicion that each of them was concealing weapons, drugs, or other contraband. The appeals court observed that the U.S. Supreme Court has never imposed such a requirement for strip-searching arrestees bound for the general jail population. Powell v. Barrett, #0516734, 2008 U.S. App. Lexis 18907 (11th Cir.). http://caselaw.findlaw.com/data2/circs/11th/0516734pv1.pdf In a 21-page document, the Defense Dept. revised its policy on intelligence interrogations, detainee debriefings and tactical questioning. DoD Directive 3115.09 (9 Oct. 2008). Among other things, it limits the role of psychologists advising interrogators. "Behavioral science consultants may not be used to determine detainee phobias for the purpose of exploitation during the interrogation process." http://www.fas.org/irp/doddir/dod/d3115_09.pdf Handcuffing has led to litigation and liability. As one court noted, "the Fourth Amendment's requirement that a seizure be reasonable prohibits more than the unnecessary strike of a nightstick, sting of a bullet, and thud of a boot. It is well-established that overly tight handcuffing can constitute excessive force." The AELE lead article discusses many cases, and contains references for further research. http://www.aele.org/law/2008-10MLJ101.html "Tell a lie and you lose your job" -- or so you were told. But courts have recognized exceptions to the rule. Read why in this article. http://www.aele.org/law/2008-10MLJ201.html Supervisory liability can be based on inadequate supervision, training, or discipline, if it rises to the level of a "deliberate indifference" to a known problem -- such as a past pattern of excessive use of force. http://www.aele.org/law/2008-10MLJ301.html Two arrestees and a relative, all of whom are deaf and mute, sued a police agency and a county, claiming that officers who carried out the arrest after a domestic disturbance call violated their rights under the Americans with Disabilities Act by failing to provide them with a sign language interpreter during the arrest, at an initial appearance, and at a dispositional hearing, as well as in failing to give them access to a teletypewriter phone during their detention. The court rejected these claims, noting that the two arrestees were taken into custody not because they were disabled but because they assaulted the officers, other individuals, or attempted to interfere with a lawful arrest. The defendants did not intentionally discriminate against the plaintiffs on the basis of their disability, and the relay operators and written communications provided were reasonable accommodations under the circumstances, permitting them a means of effective communication. Tucker v. Tennessee, 2008 U.S. App. Lexis 18618 (6th Cir.). http://caselaw.lp.findlaw.com/data2/circs/6th/066208p.pdf Police officers acted reasonably in shooting an arrestee. The suspect had previously told a detective investigating him for alleged sexual contact with a 13-year-old girl that he would "not go back" to jail, that he had a handgun, and that he would "take care of the problem." Officers arriving at his residence reasonably believed that he was both armed and suicidal, and he fled the officers in his vehicle. When he exited the vehicle, officers saw that he had something in his hand, which was a handgun, and he refused to comply with their orders. Under these circumstances, they acted reasonably in firing at him. Ramirez v. Knoulton, 2008 U.S. App. Lexis 18334 (5th Cir.). http://caselaw.lp.findlaw.com/data2/circs/5th/0750785cv0p.pdf Appellate court holds that Boston must bargain over the issue of creating separate locker rooms for women sergeants. Although the bargaining agreement did not require rank-specific locker room space, the city provided rank-specific locker rooms for male supervising officers, but not for female sergeants. "Separate locker rooms alleviate potential tensions between superior officers and the patrol officers whom they are required to supervise and discipline." King v. City of Boston, 883 N.E.2d 316 )Mass. App.). http://www.precydent.com/citation/71/Mass.+App.+Ct./460 Appellate court confirms the termination of a deputy sheriff who attempted to stop a speeding vehicle by firing 14 rounds at its tires, in violation of a regulation that prohibits the discharge of a firearm at a moving vehicle unless the occupant of the vehicle was asserting deadly physical force. "... considering the seriousness of petitioner's misconduct, we do not find that the penalty of dismissal was so disproportionate to the offenses as to shock our sense of fairness." Clarke v. Cleveland, 2008 N.Y. App. Div. Lexis 6166 (3rd Dept.). http://decisions.courts.state.ny.us/ad3/decisions/2008/503699.pdf When a prisoner refused to obey a jailer's orders during a disagreement, creating a disturbance, there was a need to use force and a short burst of pepper spray was not excessive. The prisoner's assertion, however, that he was confined in a small cell following the incident and was not allowed to wash off the spray was sufficient to state a claim for excessive use of force. Danley v. Allen, 2008 U.S. App. Lexis 17837 (11th Cir.). http://caselaw.findlaw.com/data2/circs/11th/0712328p.pdf A blanket policy of strip searching all persons arrested and classified for housing in the general jail population violated the detainees' 4th and 14th Amendment rights when the policy did not require reasonable suspicion of possession of weapons, drugs, or contraband or take individualized factors into account. Bull v. City and County of San Francisco, 2008 U.S. App. Lexis 18026 (9th Cir.). http://caselaw.findlaw.com/data2/circs/9th/0517080p.pdf AELE, joined by national and state associations, asked the Supreme Court to overturn an Arizona decision that impairs officer safety during traffic stops. The lower court majority held that "when an officer initiates an investigative encounter with a passenger that was consensual and wholly unconnected to the original purpose of the routine traffic stop of the driver, that officer may not conduct a Terry frisk of the passenger without reasonable cause to believe 'criminal activity may be afoot.'" http://www.aele.org/amicus_az-johnson.pdf Police Interaction with Homeless Persons, Part Two. Pnhandling and Use of Force. The second part of a two article series appearing in the Civil Liability Section of AELE's Monthly Law Journal (September 2008). http://www.aele.org/law/2008-9MLJ101.html Disciplinary Consequences of Peace Officer Untruthfulness, Part One. Job Applications. The first part of a multi-part article appearing in the Discipline and Employment Law Section of AELE's Monthly Law Journal (September 2008). http://www.aele.org/law/2008-9MLJ201.html Staff Use of Force Against Prisoners, Part One. Legal Standard and Individual Liability. The first part of a multi-part article appearing in the Corrections Law Section of AELE's Monthly Law Journal (September 2008). http://www.aele.org/law/2008-9MLJ301.html Officers acted reasonably in pulling driver from his car when he refused to get out as directed and placing him on the ground to handcuff him. The motorist had allegedly driven in a manner that caused his car to hit curbs and other objects. The court found that the force used was not excessive under these circumstances. Wisler v. City of Fresno, #CV 06-1694, 2008 U.S. Dist. Lexis 50843 (E.D. Cal.). http://www.aele.org/law/2008LRSEP/wisler.html Officer who shot a suspect acted reasonably because he kept his left hand concealed during a standoff, and he told officers that he "had something" to make the officers do what he "could not," as well as having previously told a 911 operator that he could easily provoke an officer to shoot him. The officer who shot the plaintiff believed that he had made a threatening movement with his concealed hand. Dague v. Dumesic, #07-15317, 2008 U.S. App. Lexis 15511 (Unpub. 9th Cir.). http://www.ca9.uscourts.gov/coa/memdispo.nsf/pdfview/071808/$File/07-15317.PDF Although mandatory participation in a critical incident review is subject to collective bargaining, troopers were not entitled to the presence of legal counsel, because the review is non-disciplinary and is not an administrative interrogation that may lead to discipline or removal. P.B.A. State Troopers v. N.Y. State Police, #118, 2008 NY Slip Op 05957, 2008 N.Y. Lexis 1930, 2008 NY Int. 113. http://caselaw.findlaw.com/data/ny/cases/app/118opn08.pdf Federal appeals court upholds jury verdict for defendant corrections officers in lawsuit brought by prisoner allegedly injured by them when they used force to extract him from his cell. The plaintiff prisoner admitted that he had a weapon in his pocket at the time of the incident, and the evidence showed that he had been belligerent and uncooperative, and that the prisoner had created a disturbance in his cell block, taunted an officer, and that pepper spray and a 15 OC Stinger grenade used against the prisoner, as well as tear gas, had little effect and failed to subdue him. The officers then shot a 37MM Ferret OC powder round, designed to break through a barricade, at the cell wall, but he still allegedly refused to comply. They then dispensed a 28b Stinger 37 MM 60 Cal. rubber-ball round into the cell, and again failed to subdue the prisoner. Another Ferret OC powder round fired into the cell then went through a mattress that the prisoner used to barricade his cell door, and hit him in the groin area, finally subduing him. Muhammad v. McCarrell, #07-2235, 2008 U.S. App. Lexis 16682 (8th Cir.). http://caselaw.lp.findlaw.com/data2/circs/8th/072235p.pdf AELE has added an illustrated Guide to help readers navigate our publications, the libraries of case summaries, the search engine and other resources. The 19 page document can be viewed online, saved, or printed. (May 2008) http://www.aele.org/navigate.pdf