The Eugene Police Department’s interim Taser use policy, released and implemented on Monday, restricts officers from using the stun guns unless a subject is thought to pose a threat of physical injury to the officer.
The newly modified version of Policy 309, the official title of the EPD’s Taser policy, will remain in effect until the final policy is complete in the coming months. EPD spokesperson Melinda Kletzok said last week that the final policy could be complete as early as February.
Claire Syrett, a representative from the Eugene branch of the American Civil Liberties Union, said the interim policy is a step forward in limiting Taser use, but it’s not enough.
“Unfortunately, a number of departments have policies that let them use (Tasers) in non-threatening situations,” she said.
Syrett said the ACLU believes the interim Taser policy doesn’t completely comply with the Ninth Circuit Court of Appeals’ ruling last month, which set a precedent for Eugene’s district. The court found that an officer in Coronado, Calif., was not justified in using a Taser, as the individual he stunned did not present any dangerous threat.
“Our feeling is that EPD is attempting to comply with the ninth circuit,” she said. “We think there are very minor changes to the policy, and (the changes) don’t come anywhere near to restricting the policy to where we think it should be restricted.”
Syrett called the policy “a small step toward creating a stricter policy for use.”
The six-page long document contains changes to three sections.
The section with the most dramatic change is titled “Authorized Use of the Taser,” Section 309.4.1. Nearly all of this section was changed, and the changes ultimately result in tighter restrictions for when an officer’s Taser use is justified.
The authorized use section states that an officer can use a Taser if “the officer reasonably believes (the subject) creates an immediate, credible threat (coupled with the means and ability to carry out that threat) of physical injury to the person himself/herself, the officer, or another person.” The previous policy instead stated that an officer could use a Taser when an individual presented the threat of “physical safety” to the officer.
The document also added a few sentences to section 309.4.2, titled “Restrictions on Taser Use.” The document now states, “A Taser shall not be used against persons engaged only in verbal or passive resistance. For purposes of this policy, ‘passive resistance’ means non-compliance with an officer’s orders unaccompanied by any active or physical resistance.”
EPD acting Lt. Doug Mozan said EPD’s internal staff group developed the policy. The group includes Mozan, retired Lt. Ellwood Cushman, EPD Defensive Tactics Coordinator Sgt. Long and Sgt. Kevin McCormick, who is the EPD’s main Taser instructor.
Mozan said the new training curriculum that accompanies the interim policy had to be reviewed by Chief of Police Pete Kerns before it could take effect.
Mozan also said he wished the policy had been implemented sooner, but because EPD wanted to produce “quality, accurate and easily reproducible training” it would took time to complete. The policy is supplemented by a short video for training purposes.
The Use of Force committee will continue to develop its recommendations for the Taser use policy. Once complete, the committee will present its findings to the entire Eugene Police Commission, and then it will go to Kerns for final ratification.
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