Attachment 4(A) - USMS Directive Use of Force.pdf

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GENERAL OPERATIONS

2.1 LawEnforcement Response

USE OF FORCE

A. Purpose: This directive provides U.S. Marshals Service (USMS) policy and procedures concerning the use of force. This policy is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, against the United States, its departments, agencies, or other entities, its officers or employees, or any other person. Deviations from this policy may be made only with the Director’s approval.

B. Authority: The Director's authority to establish a use of force policy is contained in 28

USC 561(g); 18 USC 3053 and 28 USC 566(d). On July 1, 2004, the Attorney General approved a revised Deadly Force Policy for the Department of Justice which applies to all components of the Department of Justice.

C. Policy

1. Deputy U.S. Marshals must always use the minimum force reasonably necessary to protect themselves or others from bodily harm, to restrain or subdue a resistant prisoner or suspect, to make an arrest or to prevent a prisoner from escaping. Use of a higher level of force is permitted only when it is warranted by the subject's actions, apparent intentions and apparent capabilities.

2. The use of force must be objectively reasonable under all the circumstances known to the deputy at the time and may range from verbal coercion to the use of firearms. If means other than deadly force appears to be sufficient to accomplish the objective, deadly force should not be used.

3. All incidents involving the use of firearms or nonlethal devices will be reported according to established procedures.

4. Use of Nonlethal Force

a. Deputies may use nonlethal force when they have reasonable grounds to believe that such force is necessary to do the following:

(1) Protect themselves or others from physical harm.

(2) Restrain or subdue a resistant prisoner or suspect.

(3) Make an arrest.

(4) Prevent a prisoner from escaping.

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b. A deputy using an authorized nonlethal device should use only the minimum force necessary to control a subject, then should stop using the device. Nonlethal weapons may not be used to harass, taunt or abuse a subject.

5. Prohibited Acts/Techniques: The following acts or techniques associated with the use of nonlethal force are prohibited.

a. Choke holds, carotid-control holds or other neck restraints

b. Use of baton to apply choke or "come-along" holds to the neck area

c. Intentional strikes with a baton to the head, face, groin, solar plexus, neck, kidneys or spinal column

6. Use of Force: Deputies may use deadly force only when necessary, that is, when the deputy has a reasonable belief that the subject of such force poses an imminent danger of death or serious physical injury to the deputy or to another person.

a. Deadly force may not be used solely to prevent the escape of a fleeing suspect or an escaping USMS detainee. A deputy may use deadly force against a fleeing suspect or escaping USMS detainee only when the deputy has a reasonable belief that the suspect or detainee poses an imminent danger of death or serious physical injury to the deputy or to another person.

b. Firearms may not be fired solely to disable moving vehicles.

c. If feasible and if to do so would not increase the danger to the deputy or others, a verbal warning to submit to the authority of the deputy shall be given prior to the use of deadly force.

d. Warning shots are not permitted outside of the prison context.

e. Deputies will be trained in alternative methods and tactics for handling resisting subjects which must be used when the use of deadly force is not authorized by this policy.

7. Medical Attention: In all use-of-force incidents, medical assistance should be immediately provided to any person who is injured, alleges an injury or requests medical care.

D. Responsibilities

1. Headquarters/Districts: U.S. Marshals, Chief Deputy U.S. Marshals and Assistant Directors must ensure that all employees authorized to use force comply with the reporting and training requirements and demonstrate proficiency with approved devices and firearms.

2. Office of Inspection: prepares an annual report listing use-of-force incidents involving USMS employees and analyzes the report for patterns or trends that could indicate training needs and/or policy modifications.

E. Definitions

1. Deadly Force: any force that is likely to cause death or serious physical injury.

2. Nonlethal Force: force that is neither likely nor intended to cause death or serious physical injury.

3. Serious physical injury: bodily injury likely to cause death or serious or permanent disfigurement or loss of function of a body part or organ.

4. Deputy (U.S. Marshal): includes all operational employees assigned to the 1811, 1802 and 082 job series (including Inspectors, Supervisory Deputy U.S. Marshals and Chief Deputy U.S. Marshals), employees who have a valid special deputation, and employees whom the USMS has authorized to carry a firearm as a requirement of their duty assignments.