Use of Force in Corrections Expert Article

Use of force disputes involving correctional operations can be systematically evaluated through expert witness investigation. The dynamics and totality of the circumstances of each situation inform whether the use of force was necessary, and objectively reasonable.

In this article, Corrections Expert, Paul Adee explores the standard of care that applies to the use of force within jails, prisons, and other correctional environments.

Correctional Operations: Use of Force

The application of force inside of a correctional facility is inherently similar to the application of force that a patrol officer or police officer would use on the streets. 

The standard by which they are viewed is also the same when determining whether the force was necessary and objectively reasonable. Correctional staff must meet the same threshold or standard as their counterparts on the streets.

Instances which may necessitate the use of force are:

• To protect the officer or others from immediate physical harm
• To restrain or subdue an individual who is actively resisting or evading arrest
• To bring an unlawful situation safely and effectively under control

Objectively Reasonable Standard

When determining whether the force was appropriate, one must consider whether or not the force was “objectively reasonable” and complied with the policies of the organization.

The International Association of Chiefs of Police (IACP) defines the term "objectively reasonable" as:

The determination that the necessity for using force and the level of force used is based upon the officer’s evaluation of the situation in light of the totality of the circumstances known to the officer at the time the force is used and upon what a reasonably prudent officer would use under the same or similar situations.

How Does This Apply in a Correctional Facility?

There are many situations that may necessitate a use of force encounter within a correctional facility, including:

• Inmate-on-inmate violence / inmate-on-staff violence
• Attempted escape
• Cell extraction
• Resisting a lawful command

Some of the conditions and/or circumstances that the officer and investigator consider when determining whether or not force is/was necessary and objectively reasonable include:

• The inmate poses an immediate threat to the safety of the officer or others
• The severity of the crime or rule violation
• The inmate is actively resisting
• The inmate is attempting to escape
• Officer(s)-to-inmate(s) ratio
• The inmate has a history of violence toward staff or others
• The inmate is armed
• Inmate’s skill level vs. officer’s skill level
• Officer fatigue and physical health
• Male vs. female
• Comparative size/strength of inmate vs. officer

Unplanned/Spontaneous & Planned Use of Force Events

Oftentimes, correctional use of force events are dynamic and occur without warning. There is no time for the officer to plan their response. They are forced to react to rapidly changing events in front of them.

However, many times, correctional officials are faced with events that do not require immediate action or reaction. For example, if the inmate(s) are confined within a single cell or other isolated area, they are not an immediate threat to other inmates or staff.

Staff now have the element of time on their side and have the ability to plan a coordinated response, obtain medical clearance if chemical weapons, beanbag rounds, or pepper spray are going to be utilized, and obtain video recorders to capture the events on video.

Although it may not be the intention of officials, oftentimes, the delay in their response creates an opportunity for the situation to de-escalate naturally.

Medical Intervention & Decontamination

Any time force is utilized on an inmate, it is the responsibility of corrections officials to ensure medical staff conduct an assessment and provide treatment for injuries as necessary.

Furthermore, if pepper spray was utilized during the encounter, corrections officials must ensure the inmate has been decontaminated adequately. If the inmate was sprayed within the confines of their cell, the cell must also be decontaminated prior to the inmate being placed back inside.

Correctional Use of Force Expert Investigations

Expert witness investigations of use of force incidents within correctional facilities may consider several factors to determine if the force was necessary and objectively reasonable, under the totality of the circumstances. Materials commonly requested for discovery in these disputes include: policies and procedures, employee training records (including other complaints of excessive force or IA complaints), inmate medical records, video surveillance, prior use of force reports, and witness statements.

For more information, submit an inquiry or call us at 800.813.6736.

Featured Expert

Paul M. Adee, CCHP, CCP

Corrections & Security Expert

Paul Adee is a corrections and security expert with over 32 years of experience in correctional and courthouse facilities. Paul applies his expertise to forensic casework involving the… read more.