How does officers’ biases factor into determining reasonableness?

Claims of excessive force, under the law of the United States Supreme Court, are analyzed in part by answering the question was the officer’s conduct (use of force) “objectively reasonable in light of the facts and circumstances confronting the officer without regard to their underlying intent or motivation?

Evidence of an underlying intent or motivation, such as bias, according to the United States Supreme Court is not evidence that a court could use to determine if the officer’s use of force was reasonable or unreasonable.

However, there are potentially other means by which an officer’s bias may be redressed through claims under state law, administratively, and the Agency’s disciplinary process.

Additionally, there are circumstances where even though the officer’s intentions (e.g. bias or prejudice) may not be legally considered; other evidence presents itself (perhaps motivated by or derived from improper bias or intent) that could be utilized in an effort to show that the officer’s behavior was unreasonable under the total set of circumstances.

(Question submitted at City Council’s 10/26/20 Work Session)

Show All Answers

1. Why does the Shaker Police Department set the standards for our officers’ conduct at the constitutional minimum? Shouldn't we aspire to something more than the bare minimum?
2. How does officers’ biases factor into determining reasonableness?
3. I appreciate the point about whether force was necessary, not just reasonable, but would also encourage Shaker to adopt a standard of proportional force ... [Continued]
4. It is completely incorrect to say that Tennessee v. Gardner sets out the rule, rather than the exception ... [Continued]
5. If officers are to "understand" that if they are not certified to use the LVNR, then would it not be wise to put that statement in writing in the policy?
6. Also, what repercussions will an officer experience should they use the LVNR as an unlicensed officers?
7. How are we working with other organizations to understand the reforms being considered to assist in deciphering the calls and (1) identifying when the police are not needed ... [Continued]
8. Where can we find the annual Internal Affairs report and the racial demographic data that is tracked from police stops?
9. I would also like to hear more discussion on how an officer might detain a suspect when deadly force is not necessary but restraint is necessary.
10. What is and what should be the policy regarding no-knock entry?
11. I would like to understand why none of these arguments were presented to the Wildlife Task Force, Public Safety, or Finance?
12. Why was the decision made to put (bury) the community conversation under the How Do I section? ... [Continued]
13. Can we have a clear explanation of the difference between Vascular Neck Restrictions and Chokehold Restrictions ... [Continued]
14. Specific revisions to Police policies are due November 30, 2020, according to tonight’s agenda ... [Continued]