Police Officer Allegedly Violates Protocol During Arrest

Case Overview

On the date in question, officers were dispatched based on a report of a suspicious individual lurking in a wooded area near a suburban neighborhood of Georgia. After the officers made contact with the individual, the suspect fled into the woods on foot, at which point the officers gave chase. According to the officer’s report, the suspect was discovered under a bush, at which time a Taser was deployed. The suspect had two punctures surrounded by burns on his back. Some time after the taser was deployed, the decedent was shot multiple times in the back by unidentified officers on the scene. The plaintiff alleges the officers were not justified in use of excessive force against the decedent, firing an excessive amount of rounds into his back at a time when he was incapacitated by the Taser.

Questions to the Law Enforcement expert and their responses

How do you determine when it is necessary to use a firearm or deadly force on a potential suspect?

The case law that controls the use of deadly force uses a reasonable officer's judgment. In every state that I am aware of, an officer (and or citizen) may only use deadly force to prevent the unlawful use of deadly force against them or a third party, or if the suspect is endeavoring to escape and poses a deadly risk to other persons. The officer must have a reasonable belief that deadly force is necessary.

What is the standard protocol when confronting and potentially apprehending a suspect?

There is really no 'standard protocol' to how officers respond. Training varies throughout the country. The keys in this case will hinge on what was reasonable for the officer on the scene to conclude given the circumstances. You must examine the department's written policy and gauge whether or not they were in compliance with the policy.

Please tell us why you’re qualified to serve as an expert reviewer of this case.

To establish training liability under Federal Law, it is required you demonstrate that the agency acted with deliberate indifference to adequate training and should have foreknown that the inadequate training might lead to an offense. Training must be relevant, recent and feasible.

About the expert

This highly-qualified expert earned his M.S. in Criminal Justice at Georgia State University and was formerly Chief of Police with a Municipal Police Department. He holds numerous certifications including Law Enforcement Executive, Firearms Instructor, and Ethics Instructor with the National Institute of Ethics. He is currently a member of the Georgia Tactical Officers Association and the Georgia Association of Law Enforcement Firearms Instructors. He has received numerous awards and honors including 'who's who in law enforcement' and 'officer of the year'. Career highlights include assisting FBI in Atlanta with tactical analysis of a Miami shootout between agents of the FBI and two bank robbers, and contributing to the Peace Officer Reference Text used in Basic Law Enforcement Training throughout the state of Georgia. He currently holds an Adjunct Faculty position with a University, and is an Instructor with two major Academies, a Firearms Instructor at a county Police Department, and a Department Training Officer at a County School District Police Department.