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Liability Issues
• Davis v. Mason County, 927 F.2d 1473 (9th
Cir. 1991)
– The court ruled that the department had
adequate training on the technical
components of the use of force, but did not
have adequate training on the constitutional
limits of the use of force in effecting arrests.
Liability Issues
• In other words, the officers were trained on the
how, but not on the why and when the force is
appropriate.
• Court Recommendation: Training should
include confrontational scenarios of situations
that require decision making, then articulation
by the officer as to the justification for the force
used or not used.
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