agent, I thought I'd post this case summary of a complaint that had been
brought to the Office of Police Conduct Review. When the Police Conduct
Oversight Commission selected this case for further review from a monthly
random selection of ten "case synopses" -- they select three such cases each
month -- this was the "Case Summary" presented to them at their April 2015
monthly meeting. You won't believe the PCOC's response. I'll write about it in
a day or two after people have had the opportunity to read this case summary.
POLICE CONDUCT OVERSIGHT COMMISSION
Case Summary Data #8
March 2015
OVERVIEW
Complainant states Officers used excessive force against her 14 year old son.
Complainant states officers maced the juvenile, tackled him to the ground, put
their knees on the juveniles back and neck, and pulled his hair. Complainant
states at the time of the incident the juvenile had a cast on his arm.
Complainant states she was not contacted by the officers, but officers told the
paramedics they did, resulting in the child being released to the hospital.
Complainant alleges that her child was arrested, and she only was informed once
she said she would file a complaint.
THE COMPLAINT
Use of Force: Complainant states Officers maced the juvenile, tackled him to
the ground, put their knees on the juveniles back and neck, and pulled his
hair.
THE OPCR AND MPD POLICIES
1. OPCR Ord. § 172.20(1) – Excessive Force
2. MPD P&P § 5-301- USE OF FORCE: Based on the Fourth Amendment’s
"reasonableness" standard, sworn MPD employees shall only use the amount of
force
that is objectively reasonable in light of the facts and circumstances known to
that
employee at the time force is used. The force used shall be consistent with
current MPD
training.
COMPLAINT PROCESSING
A complaint was filed. The complaint underwent intake investigation, and was
reviewed by the joint supervisors. The complaint was dismissed for no basis.
EVIDENCE
1. A complaint was filed.
2. A Visinet report was obtained.
3. A CAPRS report was obtained.
SUMMARY OF EVIDENCE
Complaint
The Complainant alleges her son was maced and tackled by officers. The
Complainant alleges officers pinned him to the ground with their knees. The
Complainant stated at the time of the incident her son had a cast on his left
arm. The Complainant alleges she was not contacted by the officers, but
officers told the paramedics they did, resulting in the child being released to
the hospital.
VisiNet Report
The VisiNet report indicates that officers were assigned to work a high school
event. Officers observed a small fight. The report indicates that an individual
was maced. An ambulance was called to the location.
CAPRS Report
The CAPRS report indicates that officers were working at a high school event.
Extra officers were working the event due to an earlier SHOTS call related to a
high school rivalry. A School Resource Officer (SRO) was clearing the school
after the event, he encountered a juvenile. The juvenile was asked to leave,
but did not do so. The juvenile became belligerent towards the SRO, and other
officers came to assist. The Complainant’s juvenile son was present during the
incident. The Complainant’s son was asked to leave by three different officers.
He refused and kept questioning what was happening to the other juvenile. An
officer approached the Complainant’s son and threatened to mace him if he did
not leave. The Complainant’s son did not leave, and covered his face with his
shirt to prepare for the chemical irritant. The mace did
not appear to have an immediate effect, so another officer maced the juvenile.
The CAPRS report notes the size of the juvenile, at over 6’ tall and 250
pounds. Noting that the juvenile appeared to be trying to get up, an officer
pinned him to the ground. Officers handcuffed the juvenile. It was discovered
that the juvenile had a cast on his left arm. Officers used a hobble strap
looped through the handcuff to secure the left arm. The juvenile was released
to EMS for mandatory treatment and transport.
DISMISSAL
The case was dismissed for no basis. The review of the complaint indicated that
there were no issues with the use of force. The use of force was well
documented by officers. Additionally, since EMS transported the juvenile to the
hospital the officers were not required to notify the parent under MPD policy.
Chuck Turchick
Phillips