Use of force by law enforcement has always been carefully scrutinized, especially where it intersects with legal standards and public perception. In the webinar, “Identifying Trends in — Implications in Police Use of Force,” Chief (Ret.) Mike Ranalli offers an in-depth analysis of trends in use-of-force case law, discussing their implications for law enforcement practices. Since this webinar is the second in a series, it’s helpful to watch the first installment (“Interpreting and Understanding Case Law — Implications in Police Use of Force”) as a foundation for understanding the topic.
As someone who has spent decades both in active duty and legal education, Chief Ranalli has a unique perspective that combines practical experience with legal theory. Below are some key points from the webinar, which explores practical implications for law enforcement, including how these insights can be applied to real-world scenarios.
According to Ranalli, when reading a use-of-force case to determine what impacts (if any) it might have on the way your department operates, it’s important to ask, “Is this what we really want our people to be doing? And make the decision from there. Even if qualified immunity was granted, … there’s still typically something to learn from the case.”
Understanding the Complexity of Use of Force
One of the main themes of Chief Ranalli’s message is the complexity inherent in use-of-force cases. No two scenarios are alike, and each situation requires a nuanced understanding of the law, the circumstances and the available evidence. Courts often struggle with these cases because of the delicate balance between an officer’s duty to protect the public and the rights of the individuals involved.
Ranalli points out that while it’s easy to rely on established case law, officers and legal professionals must avoid a one-size-fits-all approach. Instead, law enforcement personnel should consider each situation on its own merits, analyzing the specific facts and circumstances to determine the appropriateness of the force used.
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The Role of Qualified Immunity
Qualified immunity is a critical concept in use-of-force cases, offering protection to officers so long as they don’t violate “clearly established” rights. The term, which is often contrasted with absolute immunity, stems from 42 U.S. Code § 1983, which Congress adopted in 1871. According to Ranalli, testing whether qualified immunity applies in a particular situation requires two basic questions:
- Did the officer’s conduct violate a constitutional right?
- If yes, was that right clearly established?
The best way determine whether a right is clearly established is to follow Ashcroft v. al-Kidd (563 U.S. 731, 741 (2011)), which states, “We do not require a case directly on point, but existing precedent must have placed the statutory or constitutional question beyond debate.” This test, Ranalli says, is broad enough to protect “all but the plainly incompetent or those who knowingly violate the law” (Malley v. Briggs, 475 U.S. 335 (1986)).
Qualified immunity requires more than just a similar case; rather, the precedent must be directly applicable to the situation at hand. This is the crux of several recent cases in which qualified immunity was granted or denied — such cases often hinge on the interpretation of clearly established law. This reinforces the idea that officers must stay informed about current legal standards and emerging trends in case law.
Case Law Trends: The Graham v. Connor Standard
Although officers should follow contemporary case law trends, it’s equally important not to forget the enduring relevance of the Graham v. Connor standard, which requires an analysis of the facts and circumstances of each case. This standard mandates that the force being used must be “objectively reasonable” from the perspective of a reasonable officer at the scene. It also established several “Graham factors” which can be used to determine whether force was reasonable or not:
- The severity of the crime
- Whether the suspect posed an immediate threat to officers or others
- Whether the suspect was actively resisting or trying to evade arrest by flight
Chief Ranalli highlights how this standard continues to influence court decisions, asserting that it provides a flexible framework that accommodates the unpredictable nature of police work. He also points out that while the Graham factors are critical, they are not exhaustive. Courts must consider all relevant circumstances when evaluating the reasonableness of force.
A recent case, Lombardo v. City of St. Louis, underscores how courts apply the principles established in Graham v. Connor, while also highlighting the importance of considering all circumstances, including the behavior of the suspect and the officer’s actions leading up to the use of force.
The Supreme Court’s decision to remand Lombardo back to the Eighth Circuit emphasizes the need for a comprehensive review of the complexity of use-of-force incidents. The ruling stressed that courts must evaluate whether an officer’s actions before the use of force were reckless, potentially escalating the situation. As expectations on law enforcement continue to rise, courts increasingly consider whether officers fully accounted for the entire context of their encounters.
Implications for Law Enforcement Training and Supervision
Chief Ranalli stresses the necessity for ongoing training to help improve law enforcement officers’ comprehension of use-of-force case law. In addition to knowing the outcomes of specific cases, continuing education also should include internalizing the principles that guide these decisions and ingraining them into everyday practice. Ongoing training helps make sworn personnel aware of what’s happening in the courts and how it may impact their day-to-day activities.
Ranalli advocates for training that goes beyond the basic protocols, urging departments to incorporate scenario-based training that reflects the complexities of real-world situations. By doing so, officers can better prepare for the split-second decisions they must make in the field, reducing the likelihood of excessive or unnecessary force.
Training should also account for human performance factors that influence use-of-force decisions. Stress, fear and the pressure of making split-second decisions can significantly impact an officer’s actions. Training programs that simulate high-pressure situations can help officers better manage these factors, leading to more measured responses in the field.
Department policy and supervision are equally important in guiding officers’ actions. “While policies provide a framework for decision-making,” Ranalli says, “they must be flexible enough to accommodate the realities of police work.”
While it’s easy to rely on established case law, officers and legal professionals must avoid a one-size-fits-all approach.
Supervisors play a crucial role in interpreting these policies and providing guidance in ambiguous situations. Ranalli underscores the importance of after-action reviews, in which officers and supervisors analyze incidents to identify what went right, what went wrong, and how future actions can be improved. These reviews are key to fostering continuous learning and ensuring a department’s use-of-force practices align with legal standards.
The Final Analysis
Law enforcement professionals, legal experts and policymakers must have a sound understanding of the complexities of use of force, the role of qualified immunity and the enduring relevance of the Graham v. Connor standard. These principles provide a foundation for evaluating and applying recent cases like Lombardo, which highlight the need for continuous training, informed policy-making and thoughtful supervision. By staying informed and prepared, law enforcement officers can navigate the challenges of use-of-force decisions with greater confidence and clarity, meeting their duty to protect and serve while upholding the rights of the individuals they encounter.
For those who missed the live session, the webinar is available on demand, offering a valuable resource for any public safety professional committed to excellence and continuous improvement.
