Legal and Liability Issues Surrounding the Use of Force

Abstract

This chapter addresses the pertinent legal issues involved in an ARD (Arrest-Related Death) investigation. Failure to be aware of these legal distinctions could severely damage the investigation, while understanding the law and procedures will assist in ensuring the evidence obtained will not be suppressed in future proceedings. The chapter describes the investigation considerations associated with a criminal investigation, then addresses administrative investigation issues, and describes the relevant use of force civil liability issues that may emerge. A claim of excessive force stemming from an incident inside a prison with a convicted prisoner is assessed in accordance with the Eighth Amendment purview of the cruel and unusual punishment clause. By establishing the standard under the Eighth Amendment, the Court has made a distinction for assessing claims of excessive force between pre-trial detainees and convicted and incarcerated prisoners. Claims of failing to perform an adequate investigation have been filed by plaintiffs in arrest-related deaths beyond the claim of excessive force.