Elements of Deadly Force - Nevada Department of Corrections

Nevada Department ofCorrectionsUse Of ForceA.R. 405

What is Force?♦ Force - Any violence, compulsion, or constraintphysically exerted by any means upon or against aperson♦ Deadly Force – Any force that carries asubstantial risk that will possibly result in death ofa person♦ Excessive Force – Any act of force in excess ofwhat it takes to subdue a resisting inmate and/or tomove a resisting inmate to a secure location

When Force May Be Used♦ To protect the safety of oneself or others fromharm♦ To prevent escape♦ To prevent destruction of state property♦ To compel compliance with lawful orders♦ To prevent or quell a disturbance

Liability♦ 8 th Amendment–Cruel and unusualpunishment♦ Civil Rights Action is filed when lawenforcement personnel act or do somethingunder color of law that deprives anyone of theirconstitutional rights or subject or causes one tobe subjected to a wrong.

Liability♦ Violation of criminal code – not only can youface tort suit or civil rights suit, you can also becriminally charged as a law enforcement officer♦ Good faith is an effective defense.♦ Graham vs Conner: Force must be reasonablebased on the totality of circumstances

Nevada Law♦ In keeping with the policy of theDepartment of Correctionsprohibiting the use of excessiveforce, NRS 212.020 – “Inhumanityto Prisoners,” is noted as follows:

a. Every jailer or person who shall be guilty ofwillful inhumanity or oppression to any prisonerunder his care or custody shall be punished:1) Where the prisoner suffers substantial bodily harm forsuch inhumanity or oppression, by imprisonment in thestate Prison for not less than one year nor more than sixyears or by a fine of not more than $5,000.00 or bothfine and imprisonment2) Where no substantial bodily harm results, a grossmisdemeanor.b. Whether or not the prisoner suffers substantialbodily harm, any public officer guilty of suchwillful inhumanity is guilty of a maleficence ofoffice.

Elements of Deadly Force♦Ability or apparent ability♦Opportunity♦Imminent jeopardy♦Preclusion

Ability or Apparent Ability♦Does Does the violator/inmate possessthe ability or the apparent ability tokill you or a third party, or to causeyou or a third party great bodilyharm?

Opportunity♦Does Does the violator/inmate have theopportunity to kill you or a thirdparty, or cause you or a third partygreat bodily harm?

Imminent Jeopardy♦Has Has the violator/inmate placed youor a third party in imminentjeopardy

Preclusion♦Have Have you reasonably exhausted allof your avenues of retreat at thattime and at that place? Was therethe feasibility or availability ofalternative actions?

Factors Considered whenReviewing Use of Force♦ Was it applied in good faith♦ Extent of the threat to the safety of staff andinmates♦ Need for application of force♦ Relationship between the need and the amountof force used♦ Extent of injury inflicted

Confrontational ContinuumOfficer-Subject FactorsAgeSexSizeSkill LevelMultiple OfficersMultiple SubjectsRelative StrengthSpecial CircumstancesClose Proximity to FirearmSpecial KnowledgeSpecial abilityInjury or exhaustionGroundDisabilityImminent DangerDistance from subjectAvailability of otheroptions

Use of Force Continuum♦1. Officer Presence♦2. Verbal Commands♦3. Control and Restraint♦4. Chemical Agents♦5. Temporary Incapacitation♦6. Deadly Force

Circle ContinuumCircle ContinuumDeadlyVerbalOfficerControlRestraintTemporaryIncapacitationPresenceChemicalAgent

If in doubt?♦If doubt exists in the Department’speace officer’s s or designatedemployee’s s mind as to whether theyshould discharge the weapon/firearmunder the circumstances that havebeen outlined, they should concludethat they WILL NOT discharge theweapon/firearm