Nevada%20Department%20of%20Corrections

1
Nevada Department of Corrections

• Use Of Force Method Overview
• Administrative Regulation 405

2
Preamble to Use of Force

• It is the intent of the Nevada Department of
  Corrections that all staff recognize the value of
  human life, respect basic human rights have an
  intolerant attitude towards abusive or excessive
  force used on inmates. An officers use of force
  shall be value driven, utilizing only the minimal
  amount of force that is necessary reasonable
  under the circumstances to minimize the chance of
  harm to themselves or others, to prevent escapes,
  to protect state property from destruction, to
  prevent or quell a disturbance or compel
  compliance to lawfully issued orders.

3
Purpose

• To become thoroughly proficient in the knowledge
  of Use of Force and the application of the legal
  and appropriate levels of force.

4
Instructional Goal

• The instructional goal of this power point is to
  make officers proficient in the knowledge
  application of the legal, ethical moral
  considerations of authorized force, when it is
  used, up to and including deadly force in regards
  to their duties as officers employed by the
  Nevada Department of Corrections.

5
Performance Objectives

• Upon completion of this instruction, the student
  will be able to pass a written exam at or above
  80 on the following
• Identify the elements necessary for an officer to
  use non-deadly force.
• Identify the elements necessary for an officer to
  use deadly force.
• Identify the process of de-escalation

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Performance Objectives

• Define force as it applies to Nevada peace
  officers
• Define reasonable force as it applies to Nevada
  peace officers
• Define deadly force as it applies to Nevada
  peace officers
• Define constructive force as it applies to
  Nevada peace officers
• Define intervening force as it applies to
  Nevada peace officers
• Define excessive force as it applies to Nevada
  peace officers
• Define sudden in custody death as it pertains
  to Use of Force

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Performance Objectives

• Identify an officers authority during a legal
  arrest including a peace officers authority to
  use restraints during a detention or arrest
• Identify the circumstances set forth in the
  Nevada Revised Statutes under which a peace
  officer has authority to resort to the use of
  force
• Define how the case Tennessee v. Garner applies
  to the use of deadly force
• Define how the case Graham v. Conner applies to
  the objective to the objective reasonableness
• Define negligence as it applies to Nevada peace
  officers

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Performance Objectives

• Define imminent danger as it applies to Nevada
  peace officers
• Define reasonable belief as it applies to
  Nevada peace officers
• Define serious physical harm as it applies to
  Nevada peace officers
• Define vicarious liability as it applies to
  Nevada peace officers
• Identify the point at which the use of force must
  be discontinued

9
Performance Objectives

• Identify the action that is to be taken in
  relation to the offenders health and welfare
  after the force has been used
• Identify the consequences of the illegal use of
  force pursuant to the United States Code. (civil
  rights act)
• Identify the consequences of the illegal use of
  force pursuant to the Nevada Revised Statutes
• Identify the consequences of the illegal use of
  force pursuant to Title 18 of the United States
  Code
• Define spontaneous force as it applies to NDOC
  officers
• Define planned/calculated force as it applies
  to NDOC officers

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Performance Objectives

• Define threat as it applies to Nevada peace
  officers
• Define understand AR 405 as it applies to
  officers of the NDOC
• Identify the chemical agents that are authorized
  and how they are utilized in a use of force
  situation per AR 405 and AR 406

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What is Force?

• Force - Any violence, compulsion, or constraint
  physically exerted by any means upon or against a
  person.
• Deadly Force Any force that carries a
  substantial risk that will possibly result in
  death of a person.
• Excessive Force Any act of force in excess of
  what it takes to subdue a resisting inmate and/or
  to move a resisting inmate to a secure location.

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What is Force?

• Reasonable Force - Lawful force that is
  reasonably necessary to accomplish a particular
  end.
• Constructive Force The use of threats or
  intimidation for the purpose of gaining control
  over or preventing resistance from another.
• Intervening Force A force that acts after
  another's negligent act or omission has occurred
  and that causes injury to another.

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What is Force

• Passive Resistive (Force) resistance or refusal
  to lawful orders or policies made without
  violence.
• Examples as by fasting, sit downs protests,
  dead weighting the body, tightening the muscles
  of the body, etc.

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Types of Force Encountered in the NDOC

• Spontaneous Force - arising from impulse arising
  from natural impulse or inclination, rather than
  from planning or in response to suggestions from
  others. All uses of force will be recorded in
  accordance with AR 405 (section 405.09).
• Example
• Inmate assaults a staff member the staff uses
  approved NDOC Use of Force techniques to repel
  the assault, regain control restrain the
  inmate.

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Types of Force Encountered in the NDOC

• Planned (calculated) Force - a scheme or method
  of acting, doing, proceeding, making, etc.,
  developed in advance. All planned uses of force
  will be documented in accordance with AR 405
  (section 405.02, 405.07 405.09).
• Example
• Inmate barricades him/herself in a cell. A cell
  extraction team plans how to effectively safely
  extract the inmate from the cell using the NDOC
  approved extractions techniques.

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Use of Force Against a Threat

• In Tennessee v. Garner and Graham v. Conner the
  Supreme Court stated an officer must consider the
  Immediate Threat to the officer or others when
  using force.
• In training, we want to instill in the officer
  that he/she is only justified in using force if
  the suspect/inmate is a Threat or Immediate
  Threat to the officer or others.
• In a trial, we want to inform the jury that
  officers are trained to refer to the
  suspect/inmate as the Threat to condition the
  officer only to use force on a suspect/inmate
  when the suspect or inmate is a threat to the
  officer or others.

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Threat Defined by NRS

• NRS 205.320 Threats. A person who, with the
  intent to extort or gain any money or other
  property or to compel or induce another to make,
  subscribe, execute, alter or destroy any valuable
  security or instrument or writing affecting or
  intended to affect any cause of action or
  defense, or any property, or to influence the
  action of any public officer, or to do or abet or
  procure any illegal or wrongful act, whether or
  not the purpose is accomplished, threatens
  directly or indirectly
•       1. To accuse any person of a crime
•       2. To injure a person or property
•       3. To publish or connive at publishing any
  libel
•       4. To expose or impute to any person any
  deformity or disgrace or
•       5. To expose any secret,
• is guilty of a category B felony and shall be
  punished by imprisonment in the state prison for
  a minimum term of not less than 1 year and a
  maximum term of not more than 10 years, or by a
  fine of not more than 10,000, or by both fine
  and imprisonment. In addition to any other
  penalty, the court shall order the person to pay
  restitution.
•       1911 CP 474 RL 6739 NCL
  10423(NRS A 1967, 502 1979, 1445 1995, 1223)

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When Force May Be Used in Accordance with AR 405

• To protect the safety of oneself or others from
  harm
• To prevent escape
• To prevent destruction of state property
• To compel compliance with lawful orders
• To prevent or quell a disturbance

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Definitions

• Reasonable Belief Has reasonable cause to
  believe if, in light of all the surrounding
  facts and circumstances which are known or which
  reasonably should be known to the person at the
  time, a reasonable person would believe, under
  those facts and circumstances, that an act,
  transaction, event, situation or condition
  exists, is occurring or has occurred.

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As Defined by NRS

• NRS 171.104 Arrest defined by whom made. An
  arrest is the taking of a person into custody, in
  a case and in the manner authorized by law. An
  arrest may be made by a peace officer or by a
  private person.
•       (Added to NRS by 1967, 1400)

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Officers authority during arrest including use of
restraints

• NRS 171.124 Arrest by peace officer or officer
  of Drug Enforcement Administration.
•       1. Except as otherwise provided in
  subsection 3 and NRS 33.070, 33.320 and 258.070,
  a peace officer or an officer of the Drug
  Enforcement Administration designated by the
  Attorney General of the United States for that
  purpose may make an arrest in obedience to a
  warrant delivered to him or her, or may, without
  a warrant, arrest a person
•       (a) For a public offense committed or
  attempted in the officers presence.
•       (b) When a person arrested has committed a
  felony or gross misdemeanor, although not in the
  officers presence.
•       (c) When a felony or gross misdemeanor has
  in fact been committed, and the officer has
  reasonable cause for believing the person
  arrested to have committed it.
•       (d) On a charge made, upon a reasonable
  cause, of the commission of a felony or gross
  misdemeanor by the person arrested.
•       (e) When a warrant has in fact been issued
  in this State for the arrest of a named or
  described person for a public offense, and the
  officer has reasonable cause to believe that the
  person arrested is the person so named or
  described.
•       2. A peace officer or an officer of the
  Drug Enforcement Administration designated by the
  Attorney General of the United States for that
  purpose may also, at night, without a warrant,
  arrest any person whom the officer has reasonable
  cause for believing to have committed a felony or
  gross misdemeanor, and is justified in making the
  arrest, though it afterward appears that a felony
  or gross misdemeanor has not been committed.
•       3. An officer of the Drug Enforcement
  Administration may only make an arrest pursuant
  to subsections 1 and 2 for a violation of chapter
  453 of NRS.
•       (Added to NRS by 1967, 1401 A 1975, 755
  1979, 834 1983, 1651 1985, 1171, 2022, 2170
  2001, 2850 2003, 888 2013, 2946)

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Officers authority during arrest including use of
restraints

• NRS 171.136 When arrest may be made.
•       1. If the offense charged is a felony or
  gross misdemeanor, the arrest may be made on any
  day, and at any time of day or night.
•       2. If it is a misdemeanor, the arrest
  cannot be made between the hours of 7 p.m. and 7
  a.m., except
•       (a) Upon the direction of a magistrate,
  endorsed upon the warrant
•       (b) When the offense is committed in the
  presence of the arresting officer
•       (c) When the person is found and the arrest
  is made in a public place or a place that is open
  to the public and
•              (1) There is a warrant of arrest
  against the person and
•              (2) The misdemeanor is discovered
  because there was probable cause for the
  arresting officer to stop, detain or arrest the
  person for another alleged violation or offense
•       (d) When the offense is committed in the
  presence of a private person and the person makes
  an arrest immediately after the offense is
  committed
•       (e) When the offense charged is battery
  that constitutes domestic violence pursuant to
  NRS 33.018 and the arrest is made in the manner
  provided in NRS 171.137
•       (f) When the offense charged is a violation
  of a temporary or extended order for protection
  against domestic violence issued pursuant to NRS
  33.017 to 33.100, inclusive
•       (g) When the person is already in custody
  as a result of another lawful arrest or
•       (h) When the person voluntarily surrenders
  himself or herself in response to an outstanding
  warrant of arrest.
•       (Added to NRS by 1967, 1402 A 1977, 874
  1985, 6, 2023 1991, 331 1993, 119 2001, 1431)

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Officers authority during arrest including use of
restraints

• NRS 171.123 Temporary detention by peace officer
  of person suspected of criminal behavior or of
  violating conditions of parole or probation
  Limitations.
•       1. Any peace officer may detain any person
  whom the officer encounters under circumstances
  which reasonably indicate that the person has
  committed, is committing or is about to commit a
  crime.
•       2. Any peace officer may detain any person
  the officer encounters under circumstances which
  reasonably indicate that the person has violated
  or is violating the conditions of the persons
  parole or probation.
•       3. The officer may detain the person
  pursuant to this section only to ascertain the
  persons identity and the suspicious
  circumstances surrounding the persons presence
  abroad. Any person so detained shall identify
  himself or herself, but may not be compelled to
  answer any other inquiry of any peace officer.
•       4. A person must not be detained longer
  than is reasonably necessary to effect the
  purposes of this section, and in no event longer
  than 60 minutes. The detention must not extend
  beyond the place or the immediate vicinity of the
  place where the detention was first effected,
  unless the person is arrested.
•       (Added to NRS by 1969, 535 A 1973, 597
  1975, 1200 1987, 1172 1995, 2068)

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Officers authority during arrest including use of
restraints

•   NRS 171.1231 Arrest if probable cause appears.
  At any time after the onset of the detention
  pursuant to NRS 171.123, the person so detained
  shall be arrested if probable cause for an arrest
  appears. If, after inquiry into the circumstances
  which prompted the detention, no probable cause
  for arrest appears, such person shall be
  released.
•       (Added to NRS by 1969, 535)

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Officers authority during arrest including use of
restraints

• NRS 171.146 Weapon may be taken from person
  arrested. Any person making an arrest may take
  from the person arrested all dangerous and
  offensive weapons which the person arrested may
  have about his or her person.
•       (Added to NRS by 1967, 1402)

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Officers authority during arrest including use of
restraints

• NRS 171.1232 Search to ascertain presence of
  dangerous weapon seizure of weapon or evidence.
•       1. If any peace officer reasonably
  believes that any person whom the peace officer
  has detained or is about to detain pursuant to
  NRS 171.123 is armed with a dangerous weapon and
  is a threat to the safety of the peace officer or
  another, the peace officer may search such person
  to the extent reasonably necessary to ascertain
  the presence of such weapon. If the search
  discloses a weapon or any evidence of a crime,
  such weapon or evidence may be seized.
•       2. Nothing seized by a peace officer in
  any such search is admissible in any proceeding
  unless the search which disclosed the existence
  of such evidence is authorized by and conducted
  in compliance with this section.
•       (Added to NRS by 1969, 535)

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Circumstances Defined for Peace Officers to Use
Force per NRS

• NRS 171.1455 Use of deadly force to effect
  arrest Limitations. If necessary to prevent
  escape, an officer may, after giving a warning,
  if feasible, use deadly force to effect the
  arrest of a person only if there is probable
  cause to believe that the person
•       1. Has committed a felony which involves
  the infliction or threat of serious bodily harm
  or the use of deadly force or
•       2. Poses a threat of serious bodily harm
  to the officer or to others.
•       (Added to NRS by 1993, 931)

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As Defined by NRS

• Serious Physical Harm/Substantial Bodily Harm
  NRS 0.060 defined as Bodily injury which creates
  a substantial risk of death or which causes
  serious, permanent disfigurement or protracted
  loss or impairment of the function of any bodily
  member or organ or prolonged pain.

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Definitions

• Vicarious Liability
• Vicarious liability refers to liability for the
  negligent or criminal acts of another person that
  is assigned to someone by law. Vicarious
  liability exists when liability is attributed to
  a person who has control over or responsibility
  for another who negligently causes an injury or
  otherwise would be liable. Whenever an agency
  relationship exists, the principal is responsible
  for the agent's actions.
• For example, an employer of an employee who
  injures someone through negligence while in the
  scope of employment is vicariously liable for
  damages to the injured person.

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Definitions

• Neglect, negligence, negligent and
  negligently - import a want of such attention
  to the nature or probable consequences of an act
  or omission as an ordinarily prudent person
  usually exercises in his or her own business.

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Liability

• The Eighth Amendment (Amendment VIII) to the
  United States Constitution is the part of the
  United States Bill of Rights prohibiting the
  federal government from imposing excessive bail,
  excessive fines or cruel and unusual punishments,
  including torture. The U.S. Supreme Court has
  ruled that this amendment's Cruel and Unusual
  Punishment Clause applies to the states.

32
Nevada Law

• In keeping with the policy of the Department of
  Corrections prohibiting the use of excessive
  force, NRS 212.020 Inhumanity to Prisoners,
  is noted as follows

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• Every jailer or person who shall be guilty of
  willful inhumanity or oppression to any prisoner
  under his care or custody shall be punished
• 1) Where the prisoner suffers substantial bodily
  harm for such inhumanity or oppression, by
  imprisonment in the state Prison for not less
  than one year nor more than six years or by a
  fine of not more than 5,000.00 or both fine and
  imprisonment
• 2) Where no substantial bodily harm results, a
  gross misdemeanor.
• b. Whether or not the prisoner suffers
  substantial bodily harm, any public officer
  guilty of such willful inhumanity is guilty of a
  maleficence of office.

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Title 18 United States CodeDeprivation of Rights
Under the Color of Law

• This statute makes it a crime for any person
  acting under color of law, statute, ordinance,
  regulation, or custom to willfully deprive or
  cause to be deprived from any person those
  rights, privileges, or immunities secured or
  protected by the Constitution and laws of the
  U.S.
• This law further prohibits a person acting under
  color of law, statute, ordinance, regulation or
  custom to willfully subject or cause to be
  subjected any person to different punishments,
  pains, or penalties, than those prescribed for
  punishment of citizens on account of such person
  being an alien or by reason of his/her color or
  race.
• Acts under "color of any law" include acts not
  only done by federal, state, or local officials
  within the bounds or limits of their lawful
  authority, but also acts done without and beyond
  the bounds of their lawful authority provided
  that, in order for unlawful acts of any official
  to be done under "color of any law," the unlawful
  acts must be done while such official is
  purporting or pretending to act in the
  performance of his/her official duties. This
  definition includes, in addition to law
  enforcement officials, individuals such as
  Mayors, Council persons, Judges, Nursing Home
  Proprietors, Security Guards, etc., persons who
  are bound by laws, statutes ordinances, or
  customs.
• Punishment varies from a fine or imprisonment or
  both, and if bodily injury results or if such
  acts include the use, attempted use, or
  threatened use of a dangerous weapon, explosives,
  or fire shall be fined or imprisoned up to ten
  years or both, and if death results, or if such
  acts include kidnapping or an attempt to kidnap,
  aggravated sexual abuse or an attempt to commit
  aggravated sexual abuse, or an attempt to kill,
  shall be fined.

35
Tennessee vs Garner(Use of Deadly Force on a
Fleeing Felon)

• Where the officer has probable cause to believe
  the suspect poses a threat of serious physical
  harm, either to the officers or to others, it is
  not constitutionally unreasonable to prevent
  escape by using deadly force. This if the suspect
  threatens the officer with a weapon or there is
  probable cause to believe that he has committed a
  crime involving the infliction or threatened
  infliction of serious physical harm, deadly force
  may be used if necessary to prevent escape, and
  if, where feasible, some warning has been given.

36
Graham vs Conner(Objective Reasonableness
Standard)

• The level of force that is necessary in a
  particular situation. The reasonableness of a
  particular use of force must be judged from the
  perspective of a reasonable officer on the scene,
  rather than with the 20/20 vision of hindsight.
  The calculus of reasonableness must embody
  allowance for the fact that police officers are
  often forced to make split second judgments-in
  circumstances that are tense, uncertain, and
  rapidly evolving-about the amount of force that
  is necessary in a particular situation. The
  reasonableness inquiry in an excessive force case
  is an objective one the question is whether the
  officers actions are objectively reasonable in
  light of the facts circumstances confronting
  them, without regard to their underlying intent
  or motivation.

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Elements of Non Deadly or Deadly Force

• Ability or apparent ability
• Opportunity
• Jeopardy (non-deadly) or Imminent Jeopardy
  (deadly)
• Preclusion

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Ability or Apparent Ability

• Does the violator/inmate possess the ability or
  the apparent ability to kill you or a third
  party, or to cause you or a third party great
  bodily harm?

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Opportunity

• Does the violator/inmate have the opportunity to
  kill you or a third party, or cause you or a
  third party great bodily harm?

40
Jeopardy/Danger

• Based on all facts circumstances confronting
  the officer and without regard to the officers
  underlying intent or motivation, the officer
  reasonably believes that the subject poses a
  threat to the life of the officer(s) or other
  third parties and the must act to prevent death
  or serious bodily injury.

41
Imminent Jeopardy/Danger

• Based on all facts circumstances confronting
  the officer and without regard to the officers
  underlying intent or motivation, the officer
  reasonably believes that the subject poses an
  immediate threat to the life of the officer(s) or
  other third parties and the must act immediately
  to prevent death or serious bodily injury.

42
Preclusion

• Have you reasonably exhausted all of your avenues
  of retreat at that time and at that place? Was
  there the feasibility or availability of
  alternative actions?

43
Non-Deadly Force Equipment

• NAC 289.053 Less than lethal weapon defined.
  (NRS 289.510) Less than lethal weapon means a
  weapon that is designed and manufactured with the
  intent that it not create a substantial risk of
  causing death or serious bodily injury when a
  person with appropriate training uses the weapon
  in accordance with the instructions of the
  manufacturer.
• The NDOC identifies less than lethal weapons as
  non-deadly force equipment per AR 405.03.

44
Factors Considered when Reviewing Use of Force

• Was it applied in good faith (Value Driven)
• Extent of the threat to the safety of staff and
  inmates
• Need for application of force
• Relationship between the need and the amount of
  force used
• Extent of injury inflicted

45
Confrontational Factors

• Officer-Subject Factors
• Age
• Sex
• Size
• Skill Level
• Multiple Officers Special Circumstances
• Multiple Subjects Close Proximity to Firearm
  Relative Strength Special Knowledge
  Special ability
• Injury or exhaustion
• Ground
• Disability
• Imminent Danger
• Distance from subject
• Availability of other options

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Sudden in Custody Death

• Sudden in Custody Death is a result of
  positional asphyxia, also known as postural
  asphyxia. It is a form of asphyxia which occurs
  when someone's position prevents the person
  from breathing adequately. A significant number
  of people die suddenly during restraint
  by police, prison (corrections) officers
  and health care staff. 

47
Sudden in Custody Death

• Positional asphyxia may be a factor in some of
  these deaths
• Positional asphyxia is a potential danger of some
  physical restraint techniques

48
Sudden in Custody Death

• People may die from positional asphyxia by simply
  getting themselves into a breathing-restricted
  position they cannot get out of, either through
  carelessness or as a consequence of
  another accident.
• Risk factors which may increase the chance of
  death include obesity, prior cardiac or
  respiratory problems, and the use of illicit
  drugs such as cocaine.

49
Use of Force Method

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

50
Officer Presence

• Display of Force Option
• Body Language/Demeanor
• Identification of Authority

51
Verbal Communication

• Direct Orders
• Questioning
• Persuasion
• Blank 12 Gauge Round (popper)

52
Physical Control Restraint

• Escort Position
• Directional Contact
• Joint Locks/Control
• Digital Control
• Pressure Points
• Takedowns
• Strikes
• The routine use of physical restraints
  (handcuffs, leg irons, soft restraints, spit
  hoods) as a security measure, are not considered
  a use of force per AR 405 (405.01).

53
Chemical Agents

• Authorized chemical/inflammatory agents by the
  NDOC per AR 406.02 are
• OC
• CS
• Pepper/Mace
• Smoke
• Chemical Munitions
• Any and other chemicals as approved by the
  Director

54
Temporary Incapacitation

• TASER (conducted electrical weapon)
• Electronic Stun Shields
• Electronic Stun belts
• Batons, PR-24 or other similar weapons
• Pepper Balls Launchers
• Specialty Munitions Distraction Devices

55
Deadly Force

• Remington 870 with double-ought (00) rounds or
  slugs.
• Mini 14 .223 caliber rifle with 55 grain soft
  point rounds.
• 40 Caliber Glock semi-automatic handgun with 180
  to 185 grain rounds approved through FBI
  protocol/specifications.
• Specialized weapons may be authorized for
  emergency situations with approval from the
  Director/designee.

56
If in doubt?

• If doubt exists in the Departments peace
  officers or designated employees mind as to
  whether they should discharge the
  weapon/firearm under the circumstances that have
  been outlined, they should conclude that
  they WILL NOT discharge the weapon/firearm

57
Circle of Force Method
Deadly
Verbal
Officer
Temporary Incapacitation
Control Restraint
Presence
Chemical Agent
58
Discontinuing or De-escalation of Force

• Officer(s) shall modify their level of force in
  relation to the amount of resistance offered by
  the offender(s). As the offender(s) offers less
  resistance the officer(s) shall lower the amount
  or type of force used. Conversely, if resistance
  escalates, officer(s) are authorized to respond
  in an objectively reasonable manner to gain
  compliance from the resisting offender(s). Once
  the offender(s) has completely ceased resisting
  or has been restrained is compliant, the use of
  force by the officer(s) will be discontinued.

59
Medical Care After Use of ForceInside of the
Facility

• Medical care which includes examinations
  treatments will be conducted by institutional
  medical staff when a use of force incident has
  occurred within the facility. When order has been
  restored, the offender(s) who has been subjected
  to physical use of force will be examined by
  medical staff all injuries documented. All
  refusals will be documented and included in the
  use of force reports utilizing the NDOC Form 2523
  (Refusal of Medical Treatment). Any staff member
  involved in any use of force will also be
  examined, treated all injuries documented.

60
Medical Care After Use of ForceOutside of the
Facility

• When a use of force outside of the institution
  occurs the distance to a NDOC facility may pose
  a substantial risk to the inmates health/welfare,
  the inmate will be transported to the nearest
  secured facility for examinations treatment. If
  a secured facility refuses or one is not feasibly
  located, EMS, local law enforcement the
  institution will be notified standard inmate
  transportation procedures (AR 432) will be
  utilized.