Template to Avoid Civil Liability
Investigating Use of Force Before and After Complaints: An Operational Template to Avoid Civil Liability
Richard H. Martin, Auburn University Montgomery Jeffrey L. Gwynne, Auburn University Montgomery Charles A. Gruber, Chief (Ret.), CAG Consultants
Introduction
Many police agencies lack policy, procedure, and diligence by police supervisors to investigate NON-excessive use of force incidents before a citizen files a formal complaint of a civil rights violation against the police. Police by their very nature are the guardians of the nation’s civil rights. They are the glue that holds the fabric of our constitutional guarantees in place. Therefore, when the underpinnings of those civil rights are compromised by those entrusted with their care, it limits the effectiveness of the police-guardian role, obscures the trust relationship, and creates liability for the supervising organization. Every police administrator’s dream would be to recruit honest, loyal, and wellbalanced officers who will carry out their duties and responsibilities without incident. Then they wake up and realize that police officers are people, with all the character flaws and psychological baggage that most people carry. Whether from reaction to stress, flawed judgment, or simply some misconstrued dealings with the public, officers have problems that cause conflicts, and it is up to the police administrator to assign blame, mete out discipline, and provide both reputational and legal safeguards to the community. Officer reliability issues and citizen complaints come in all shapes and sizes: complaints of excessive force, abuse of authority, harassment, unlawful behavior, ad infinitum. And when problems happen, they are rarely clearly delineated and easily resolved. They come through the muddied, if not conflicting, reports of the various sources involved, and it is the police administrator’s job to investigate and attempt to factually determine what really happened. To make matters more
Richard H. Martin, Auburn University Montgomery Jeffrey L. Gwynne, Auburn University Montgomery Charles A. Gruber, Chief (Ret.), CAG Consultants
Introduction
Many police agencies lack policy, procedure, and diligence by police supervisors to investigate NON-excessive use of force incidents before a citizen files a formal complaint of a civil rights violation against the police. Police by their very nature are the guardians of the nation’s civil rights. They are the glue that holds the fabric of our constitutional guarantees in place. Therefore, when the underpinnings of those civil rights are compromised by those entrusted with their care, it limits the effectiveness of the police-guardian role, obscures the trust relationship, and creates liability for the supervising organization. Every police administrator’s dream would be to recruit honest, loyal, and wellbalanced officers who will carry out their duties and responsibilities without incident. Then they wake up and realize that police officers are people, with all the character flaws and psychological baggage that most people carry. Whether from reaction to stress, flawed judgment, or simply some misconstrued dealings with the public, officers have problems that cause conflicts, and it is up to the police administrator to assign blame, mete out discipline, and provide both reputational and legal safeguards to the community. Officer reliability issues and citizen complaints come in all shapes and sizes: complaints of excessive force, abuse of authority, harassment, unlawful behavior, ad infinitum. And when problems happen, they are rarely clearly delineated and easily resolved. They come through the muddied, if not conflicting, reports of the various sources involved, and it is the police administrator’s job to investigate and attempt to factually determine what really happened. To make matters more
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Rockville, MD: U.S. Department of Justice. Retrieved June 17, 2009, from http://ncjrs.gov/App/Publications/abstract. aspx?ID=165040 U.S. Department of Justice. (2003). United States v. city of Detroit, Michigan and the Detroit police department consent judgment (06/12/03). Available at www.usdoj. gov/crt/split/documents/dpd/detroitpd_ofwdcd_613.pdf Walker, S., & Katz, C. M. (2005). The new world of police accountability. Thousand Oaks, CA: Sage. Walker, S., & Katz, C. M. (2008). Police in America: An introduction (6th ed.). Boston: McGraw-Hill. Whisenand, P. M. (2007). Supervising police personnel: The fifteen responsibilities. Upper Saddle River, NJ: Pearson. Richard H. Martin is an associate professor and head of the Department of Justice and Public Safety at Auburn University Montgomery. He earned an EdD and a Master of Science from Indiana University, and a Bachelor of Science from Lipscomb University. Martin was a police officer and a constable in Indiana; a police commissioner and sheriff’s department merit commissioner in Illinois; and was a department head for 24 years at four Midwest institutions prior to Auburn Montgomery. He is a certified assessor and team leader for CALEA; past member of the International Association of Chiefs of Police Research Advisory Committee; and chair of the IACP University and College Section Training Committee; and chair of the section Scholarship Committee. He is also a consultant with the Theoretical and Applied Forensics Working Group; a reviewing editor for the Journal of Gang Research; serves as an Office of Juvenile Justice and Delinquency Prevention grant application peer reviewer; and has several published articles, book reviews, and two textbooks. Jeffrey L. Gwynne is an adjunct instructor and director of the Theoretical and Applied Forensics Working Group at Auburn University Montgomery. He earned a PhD from Walden University, a Master of Science from Reid College, and a Bachelor of Science from the Aero-Space Institute. Jeff was a police officer rising to the rank of captain; staff member – Scientific Crime Detection Laboratory, Illinois Department of Law Enforcement; senior crime-countermeasures specialist, Honeywell, Inc.; and president of Burn’s International Investigation Services, Inc. He is the designer of both law enforcement and security system components, is credited with the Law Enforcement Executive Forum • 2009 • 9(3) 35 development of the Municipal Registry police applicant evaluation system, and currently directs a consulting firm specializing in law enforcement and security issues. Charles A. Gruber, Chief (Retired), now head of CAG Consulting, has a career in law enforcement that spans more than 36 years with 30 years as a chief of police. He is past president of the International Association of Chiefs of Police (IACP) and the Illinois Association of Chiefs of Police. Chief Gruber was appointed by the federal district court as part of a team of legal and policing experts to monitor compliance with the negotiated settlement agreement between the City of Oakland, California, and private plaintiffs pertaining to pattern and practice claims filed against the Oakland Police Department. Concurrently, he is retained by the U.S. Department of Justice Civil Rights Division to investigate alleged pattern and practice abuses in several police departments. Like much of Chief Gruber’s work, the DOJ reviews include assessments of numerous officer-involved shootings and use of force issues. Chief Gruber earned a Bachelor’s degree in Psychology and a Master’s degree in Police Administration. He is a graduate of the FBI National Academy, Law Enforcement Executive Development Seminar, National Executive Institute, and the Southern Police Institute at the University of Louisville. Chief Gruber is a decorated law enforcement executive and has received many distinguished service awards. While heading the Shreveport Police Department, he received national attention for his leadership role in preventing use of force by his officers while containing a two-day riot within the city. Chief Gruber was awarded the Paul Lynch Award for his contribution to the advancement of Shreveport’s civil rights movement by containing and de-escalating a riot without resorting to force. He is the recipient of numerous other awards, including Law Enforcement Officer of the Year by the U.S. Marshals Service and the IACP Civil Rights Award. 36 Law Enforcement Executive Forum • 2009 • 9(3)