Legal & Liability Management Tactical, SWAT, Emergency Response Operations 2013
Decision to Use the Team • Subjective by supervisor • Risk Assessment Matrix • Scoring Issues
• FAIRFAX, Va. -- The family of an optometrist who was shot and killed during a police gambling investigation has filed a multi-million dollar federal lawsuit. • On Tuesday, the family of Dr. Salvatore Culosi filed a lawsuit in U.S. District Court seeking $12 million in damages for "improper policies, action and inactions" by Fairfax County Police, Police Chief David Rohrer and Fairfax County SWAT Officer Deval Bullock, who fired the shot that killed Culosi. • The 37-year-old Culosi was killed on Jan. 24, 2006 outside his home as a SWAT team tried to arrest him during a gambling probe.
FAIRFAX CONT’D • Police were planning to arrest Culosi for allegedly taking thousands of dollars in sports bets from an undercover officer. • The report acknowledges that Culosi - an optometrist with no criminal record - was not a high-risk arrest.
Decision to Use the Team Bruce v Orange County FL (11 th Cir. 2007) • Automobile customer complains about VIN • Administrative search carried out with SWAT-pointing guns etc. • Proper paperwork shown but no backoff • SWAT not a reasonable execution of administrative warrant
The Decision to Use the Team for Warrant Entries DYNAMIC ENTRY Equals Heightened Use of Force
Cases • Holland v. La Plata, 268 F.3d 1179 (10 th 2001). • Ealum v. La Plata, 46 Fed.Appx. 587 (10 th 2002). • Phillips v. James, 422 F.3d 1075 (10 th 2005). • McCraken v. Freed, 2006 U.S. Dist. LEXIS 924 (Dist PA. 2006)
The Plaintiff’s Brass Ring Get the Agency on the Hook: • Bad Policy or Custom/Practice/No Policy • Bad Training • Poor Supervision • Poor Discipline • Poor Selection
Training Issues • Conditioned Response • Training Accidents – After Lunch – New Weapon Introduced – One Last Scenario – Scenario Boredom
How Much Training • NTOA – 16 Hours Part time – 25% time full time • Plaintiff’s use of “standards” • Specialty Training
Liability in Tactical Operations Possible Exposures
What are the liabilities • Having a team… • Selecting the team… • Training the team… • Pre- Operation Issues… • The Operation… • The Execution of the Plan… • The Aftermath…
Distraction Devices
Area of Deployment • The Minneapolis City Council approved a $1 million settlement Friday after a botched drug raid in 2010 in which an officer threw a "flash-bang" grenade into a south Minneapolis apartment burning the flesh off a woman's leg. • Flash grenades are intended to distract and intimidate, not to injure people, but during the raid the device rolled under the legs of Russell, who was seated on a sofa, and exploded.
Line of Sight • Area of Deployment • Are things in movement • Location, Location, Location
Fire • Monterey County has agreed to pay $2.6million to the family of a Greenfield man who died in a house fire after sheriff's deputies threw a "flash-bang" grenade through his window
Tactical Considerations with Innocent 3 rd Parties Presence • Boyd v. Benton County – Flash Bang used notwithstanding police knowledge of several innocent parties sleeping in residence where high-risk entry was taking place – Unreasonable to throw it “blind” into room where innocent persons may be – BUT QI
Mass Demonstration
Remember Arrest and Use of Force Does not Change during Demonstration • Graham three part test • Proper Announcement/Warning before Enforcement Action • Opportunity to comply • Must meet both 1 st and 4 th not just 4 th
Home Issues • Stanton v. Sims • US v. Bailey A new analysis: • U.S. v. Jones • Jardines v. Florida
Doing Damage
Cook v. Gibbons, 2005 U.S. Dist. LEXIS 37254 (E.Dist. Arkansas 2005) • Case involved a meth operation and warrant • No one was home when warrant served • “Rambo - Style” entry and search done • Allegation-Excessive Damage • Even with good warrant, liability may attach for (unreasonable) excessive damage
The Barricaded Subject
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