Law enforcement officers are under more public scrutiny today than ever before.
Increasing media coverage and high-profile lawsuits have thrust police conduct into the spotlight. The widespread use of bystander cell phone cameras and social media can make any police interaction go viral, attracting the attention of lawmakers, regulators, attorneys, and the general public.
This increased scrutiny can lead to costly lawsuits and heightened risks for public entities. As a result, public entities must do everything they can to limit their exposure to claims and lawsuits. Not only is it the right thing to do, but it could save significant amounts of time, frustration, and funds in the long run.
At EHD, we advise our public entity clients about how to mitigate their risks pertaining to use of force as the spotlight on police conduct intensifies. Here are a few steps police departments should consider implementing today:
- Progressive Policy Development
Public entities and police departments should develop a progressive policy of conduct that sets clear rules and procedures for elevated use of force tactics. For example, they should formally prohibit high-risk tactics like chokeholds, carotid restraints, and firing their weapons at moving vehicles unless strictly necessary to prevent injuries. Additionally, policies should establish an affirmative duty for officers to verbally or physically intervene if they witness excessive force by another officer, as well as an immediate duty to request or render medical aid after a force incident.
- Scenario-Based & De-Escalation Training
Scenario-Based and de-escalation classes put officers into real-time, high-stress, decision-making simulations that better prepare them for the field. It’s important to ensure officers train regularly on active listening, crisis communication, and pre-assault indicators, which are proven to reduce use-of-force incidents. Training should also include education on safe restraint alternatives that limit the potential for injury.
- Immediate Supervisory Oversight and Review
More public entities are mandating that supervisors arrive at the scene of any use-of-force incident immediately to ensure medical attention is rendered and dispatch is updated. From there, police departments are requiring supervisors to review body cameras and surveillance footage shortly after an event to verify officer statements, ensure policy adherence, and identify coaching opportunities. These critical first steps ensure accountability that can lead to valuable learnings and prevent future incidents.
- Data Collection and Early Intervention
After the immediate review is conducted, it’s important for police departments to compile detailed reports for all use-of-force incidents. These reports are vital to the collection of data that can be used to track police behavior and ultimately influence future policy and procedures. Early Warning Systems (EWS) can also be used as a preventive measure to further limit future use-of-force incidents. These systems monitor behavioral trends and flag officers who may need targeted intervention.
- Insurance Coverage Reviews
Public entities likely have law enforcement liability or police professional liability insurance policies in place to protect the municipality from costly use-of-force incidents. It’s important to review these policies in collaboration with your insurance broker to ensure adequate coverage is in place. Limits and exclusions should also be closely reviewed to identify any gaps in coverage that could open municipalities up to costly claims down the line.
EHD is Here to Help
At EHD, we have countless years of experience guiding public entities through the many risks and challenges they face. When it comes to use-of-force incidents, prevention is the best policy. Effectively limiting use of force among law enforcement officers is in the best interest of the municipality and the communities they serve.
If you have questions about this issue, please reach out to us today.
