Vigo County Sheriff's Office
Policy Manual
Use of Force
300.3.2 FACTORS USED TO DETERMINE THE REASONABLENESS OF FORCE
When determining whether to apply force and evaluating whether a deputy has used reasonable force, a number of factors should be taken into consideration, as time and circumstances permit. These factors include but are not limited to:
(a)
Immediacy and severity of the threat to deputies or others.
(b)
The conduct of the individual being confronted, as reasonably perceived by the deputy at the time.
(c)
Deputy/subject factors (e.g., age, size, relative strength, skill level, injuries sustained, level of exhaustion or fatigue, the number of deputies available vs. subjects).
(d)
The effects of suspected drug or alcohol use.
(e)
The individual’s mental state or capacity.
(f)
The individual’s ability to understand and comply with deputy commands.
(g)
Proximity of weapons or dangerous improvised devices.
(h)
The degree to which the individual has been effectively restrained and his/her ability to resist despite being restrained.
(i)
The availability of other reasonable and feasible options and their possible effectiveness.
(j)
Seriousness of the suspected offense or reason for contact with the individual.
(k)
Training and experience of the deputy.
(l)
Potential for injury to deputies, suspects, and others.
(m)
Whether the individual appears to be resisting, attempting to evade arrest by flight, or is attacking the deputy.
(n)
The risk and reasonably foreseeable consequences of escape.
(o)
The apparent need for immediate control of the individual or a prompt resolution of the situation.
(p)
Whether the conduct of the individual being confronted no longer reasonably appears to pose an imminent threat to the deputy or others.
(q)
Prior contacts with the individual or awareness of any propensity for violence.
(r)
Any other exigent circumstances.
300.3.3 PAIN COMPLIANCE TECHNIQUES
Pain compliance techniques may be effective in controlling a physically or actively resisting individual. Deputies may only apply those pain compliance techniques for which they have successfully completed Sheriff's office-approved training. Deputies utilizing any pain compliance technique should consider:
(a)
The degree to which the application of the technique may be controlled given the level of resistance.