Page 33 - Speciality Impact Munitions-Less Lethal Intro
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Liability Issues
– 1. Plaintiffs who sued on behalf of the
deceased claimed the officer did not use other
means of force available to him at that time,
listing disabling chemical spray, a police dog,
and distance.
– 2. The court stated “that to permit every jury in
this type of case to hear expert testimony that
• the defendant would have been uninjured if only the
police had been able to use disabling gas or a
capture net or a taser.
Liability Issues
• A municipality is liable because it failed to buy
this equipment.
• The Constitution does not enact a police
administrator’s equipment list.”
• The court ruled that there is no legal
“precedent” that requires an officer to
utilize alternatives to deadly force.
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