BPOC Chapter 28 LO 1-4 "Force Options Law" UPDATED
ACTUAL Questions and CORRECT Answers
Deadly force (PC 9.01[3]) Force that is intended or known by the actor to cause, or in the manner of its use
or intended use is capable of causing, death or serious bodily injury.
Force (noun) -Strength or energy brought to bear, cause of motion or change, active power;
moral or mental strength; capacity to persuade or convince.
-Violence, compulsion, or constraint exerted upon person or thing.
-The quality of conveying impressions intensely in writing or speech.
Force (verb) -To do violence to.
-To compel by physical, moral, or intellectual means.
-To make or cause through natural or logical necessity.
-To achieve or win by strength in struggle or violence.
-An aggressive act committed by any person which does not amount to assault,
and is necessary to accomplish an objective.
-Synonyms - compel, coerce, constrain, oblige.
Reasonable or Necessary Force The amount of lawful physical coercion sufficient to achieve a legitimate law
enforcement objective and is objectively reasonable under the facts,
circumstances and alternatives confronting an officer at the time action are taken.
It is a defense to prosecution that the conduct in question Justified under this chapter
is
Confinement is justified when force is justified by this Terminate the confinement as soon as he knows he safely can unless the person
chapter if the actor takes reasonable measures to confined has been arrested for an offense.
Even though an actor is justified under this chapter in If in doing so he also recklessly injures or kills an innocent third person, the
threatening or using force or deadly force against justification afforded by this chapter is unavailable in a prosecution for the
another reckless injury or killing of the innocent third person.
The fact that conduct is justified under this chapter does Any remedy for the conduct that is available in a civil suit.
not abolish or impair
A peace officer, or a person acting in a peace officer's The force is immediately necessary to make or assist in making an arrest or search,
presence and at his direction, is justified in using force or to prevent or assist in preventing escape after arrest.
against another when and to the degree the actor
reasonably believes
Estate of Ceballos v Bridgewater, Porras &Mull According to the 5th Circuit Court appeals, this case on deadly force are clear;
"an officer cannot use deadly force without an immediate threat to himself or
others."
(Penal Code 9.51)
, Milstead v Kibler, 243 F.3d 157 (4th Cir. 2001) "police officers performing a discretionary function enjoy an immunity that shields
them from liability for civil damages unless (1) the officers' conduct violates a
federal statutory or constitutional right, and (2) the right was clearly established at
the time of the conduct, such that (3) an objectively reasonable officer would
have understood that the conduct violated that right. "
Okonkwo v Fernandez, 2003 WL 22227858 (N.D. Tex. "Government officials who perform discretionary functions are entitled to the
2003) defense of qualified immunity, which shields them from suit as well as liability for
civil damages, if their conduct does not violate clearly established statutory or
constitutional rights of which a reasonable officer would have known. A defendant
official must affirmatively plead the defense of qualified immunity."
Graham v. Connor, 490 U.S. 386 (1989) "Plaintiff, a diabetic having an insulin reaction, was mistakenly believed to be
intoxicated by Charlotte, North Carolina police officers.
Though Plaintiff asked officers to check his wallet for a diabetic decal he carried
and a friend attempted to get permission to give Plaintiff orange juice, Charlotte
police refused and during a struggle, four officers threw him headfirst into a
police car.
Plaintiff sustained serious injuries resulting in his suit alleging violation of his
constitutional rights. The lower courts directed a finding for the police officers
under the 14th Amendment's absence of malice analysis-that they did not intend
to harm Plaintiff. The U.S. Supreme Court reversed the lower courts ruling
directing that the inquiry must, under the 4th Amendment, be whether the officers'
actions are objectively reasonable in light of the facts and circumstances
confronting them at the time, without regard to their underlying intent or
motivation. "
· Brower v Inyo County, 489 U.S. 593 (1989) Addressed the issue of deadly force in a police pursuit. Held that certain pursuit
tactics might result in a claim of a constitutional violation as a seizure by deadly
force.
(Police set up a road block with an 18-wheeler around a curve, placed a police car
with it's headlights positioned to blind Brower. He drove around the curve, but the
combination of the truck and lights caused him to strike the stationary truck,
resulting in his death.)
Saucier v. Katz Two prong test ( Immunity): 1. Is the act alleged by defendant a constitutional
deprivation? 2. Was that right clearly established by law prior to the action?
· Osabutey v. Welch, 857 F.2d. 220 (1988) Government officials who perform discretionary functions are entitled to the
defense of qualified immunity, which shields them from suit as well as liability for
civil damages, if their conduct does not violate clearly established statutory or
constitutional rights of which a reasonable officer would have known.
Defendant must affirmatively plead this defense.
· Anderson v. Creighton Damages are available against a police officer who has violated the 4th
amendment... only when he has behaved with something akin to gross negligence.
· Harlow v. Fitzgerald Qualified immunity protects government officials from liability for civil damages
insofar as their conduct does not violate clearly established statutory or
constitutional rights of which a reasonable person would have known.
ACTUAL Questions and CORRECT Answers
Deadly force (PC 9.01[3]) Force that is intended or known by the actor to cause, or in the manner of its use
or intended use is capable of causing, death or serious bodily injury.
Force (noun) -Strength or energy brought to bear, cause of motion or change, active power;
moral or mental strength; capacity to persuade or convince.
-Violence, compulsion, or constraint exerted upon person or thing.
-The quality of conveying impressions intensely in writing or speech.
Force (verb) -To do violence to.
-To compel by physical, moral, or intellectual means.
-To make or cause through natural or logical necessity.
-To achieve or win by strength in struggle or violence.
-An aggressive act committed by any person which does not amount to assault,
and is necessary to accomplish an objective.
-Synonyms - compel, coerce, constrain, oblige.
Reasonable or Necessary Force The amount of lawful physical coercion sufficient to achieve a legitimate law
enforcement objective and is objectively reasonable under the facts,
circumstances and alternatives confronting an officer at the time action are taken.
It is a defense to prosecution that the conduct in question Justified under this chapter
is
Confinement is justified when force is justified by this Terminate the confinement as soon as he knows he safely can unless the person
chapter if the actor takes reasonable measures to confined has been arrested for an offense.
Even though an actor is justified under this chapter in If in doing so he also recklessly injures or kills an innocent third person, the
threatening or using force or deadly force against justification afforded by this chapter is unavailable in a prosecution for the
another reckless injury or killing of the innocent third person.
The fact that conduct is justified under this chapter does Any remedy for the conduct that is available in a civil suit.
not abolish or impair
A peace officer, or a person acting in a peace officer's The force is immediately necessary to make or assist in making an arrest or search,
presence and at his direction, is justified in using force or to prevent or assist in preventing escape after arrest.
against another when and to the degree the actor
reasonably believes
Estate of Ceballos v Bridgewater, Porras &Mull According to the 5th Circuit Court appeals, this case on deadly force are clear;
"an officer cannot use deadly force without an immediate threat to himself or
others."
(Penal Code 9.51)
, Milstead v Kibler, 243 F.3d 157 (4th Cir. 2001) "police officers performing a discretionary function enjoy an immunity that shields
them from liability for civil damages unless (1) the officers' conduct violates a
federal statutory or constitutional right, and (2) the right was clearly established at
the time of the conduct, such that (3) an objectively reasonable officer would
have understood that the conduct violated that right. "
Okonkwo v Fernandez, 2003 WL 22227858 (N.D. Tex. "Government officials who perform discretionary functions are entitled to the
2003) defense of qualified immunity, which shields them from suit as well as liability for
civil damages, if their conduct does not violate clearly established statutory or
constitutional rights of which a reasonable officer would have known. A defendant
official must affirmatively plead the defense of qualified immunity."
Graham v. Connor, 490 U.S. 386 (1989) "Plaintiff, a diabetic having an insulin reaction, was mistakenly believed to be
intoxicated by Charlotte, North Carolina police officers.
Though Plaintiff asked officers to check his wallet for a diabetic decal he carried
and a friend attempted to get permission to give Plaintiff orange juice, Charlotte
police refused and during a struggle, four officers threw him headfirst into a
police car.
Plaintiff sustained serious injuries resulting in his suit alleging violation of his
constitutional rights. The lower courts directed a finding for the police officers
under the 14th Amendment's absence of malice analysis-that they did not intend
to harm Plaintiff. The U.S. Supreme Court reversed the lower courts ruling
directing that the inquiry must, under the 4th Amendment, be whether the officers'
actions are objectively reasonable in light of the facts and circumstances
confronting them at the time, without regard to their underlying intent or
motivation. "
· Brower v Inyo County, 489 U.S. 593 (1989) Addressed the issue of deadly force in a police pursuit. Held that certain pursuit
tactics might result in a claim of a constitutional violation as a seizure by deadly
force.
(Police set up a road block with an 18-wheeler around a curve, placed a police car
with it's headlights positioned to blind Brower. He drove around the curve, but the
combination of the truck and lights caused him to strike the stationary truck,
resulting in his death.)
Saucier v. Katz Two prong test ( Immunity): 1. Is the act alleged by defendant a constitutional
deprivation? 2. Was that right clearly established by law prior to the action?
· Osabutey v. Welch, 857 F.2d. 220 (1988) Government officials who perform discretionary functions are entitled to the
defense of qualified immunity, which shields them from suit as well as liability for
civil damages, if their conduct does not violate clearly established statutory or
constitutional rights of which a reasonable officer would have known.
Defendant must affirmatively plead this defense.
· Anderson v. Creighton Damages are available against a police officer who has violated the 4th
amendment... only when he has behaved with something akin to gross negligence.
· Harlow v. Fitzgerald Qualified immunity protects government officials from liability for civil damages
insofar as their conduct does not violate clearly established statutory or
constitutional rights of which a reasonable person would have known.
