Case Law & Resources: Montana
Citation
Issue Presented & Facts
Cassady v. Yellowstone Cty. Montana Sheriff Dep't, 143 P.3d 148, 159 (2006)
Whether a sheriff's officer used excessive force when he shot at a suspect after noticing a laser sight that appeared to be from a gun on another officer's face.
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Sheriff deputies and sergeants responded to a 911 dispatch call that involved head injuries from a baseball bat from someone with a "history of gunplay." Upon arrival, the son gave the officers a key to enter the suspect's bar to investigate. The officers entered with weapons drawn. The room was dark and one officer noticed a laser sight on another's face immediately upon entering the room. At that point, the officers announced themselves "repeatedly and loudly" and ordered the suspect to drop his weapon. He did not comply, and the officers shot in his direction (and hit him in the abdomen). The suspect brought a § 1983 claim against the officers claiming a constitutional violation for use of excessive force.
Holding
No; the officer did not use excessive force against the suspect because the officer had probable cause to believe that the suspect posed a significant threat of injuring the other officer and the shooting officer shot to prevent serious bodily harm to his partner.
The court determined the reasonableness of the officer's use of force using a "reasonable officer on the scene's perspective, and not with 20/20 vision of hindsight," as required by Supreme Court precedent cases Graham v. Connor and Tennessee v. Garner).
After observing the laser sight on the officer's face upon entering the suspect's dwelling, the officers identified themselves as law enforcement and ordered him to drop his weapon "repeatedly". Despite these efforts to de-escalate, the suspect did not drop the weapon. The officer fired after those efforts, and the court concluded that he did not use excessive force against the suspect.
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Reference to 4th Amd.
Case Law
Resources
Citation
Missoula Police Department Policy Manual, Use of Force (Chapter 7, Policy Number 7-10)
Effective Sep. 1, 2020
Summary and Notes
Officers may only use reasonable force when effecting an arrest or preventing escape. There is a "Use of Force Cycle" Diagram to show Rules of Engagement and de-escalation/escalation options based on the level of resistance the suspect exerts, including verbal requests and commands.
Relevant Excerpt
IV(A): Selecting the appropriate force option is the decision of the officer...based on the concepts of sound judgment, the circumstances perceived by the officer at the time, and the utilization of that force reasonable to gain control of the situation. Officers should provide a warning...prior to using force if feasible. It is not necessary to move progressively from one option to the next while escalating or de-escalating the degree of force utilized.
IV(D)(2): Warning shots may be fired if an officer is authorized to use deadly force...if the officer reasonably believes it can be fired safely in light of all circumstances of the encounter....A warning shot is not required before the actual use of deadly force.
Billings Police Department Policy Manual, Use of Force (Chapter 3-1)
Effective Apr. 5, 2017
Deadly force should only be used when necessary to prevent imminent death or serious bodily injury. The "Threat Response Diagram" shows alternatives to the use of deadly force (including verbal commands, holds, tasers, etc.). Officers are required to carry at least one "less lethal" weapon and be trained on its use.
It is the policy of the Billings Police Department to value and preserve human life. Officers shall use only the force that is objectively reasonable to effectively bring an incident under control, while protecting the safety of the officer and others. Officers shall use force only when no reasonably effective alternative appears to exist and shall use only the level of force which a reasonably prudent officer would use under the same or similar circumstances.
I(E): Whenever feasible officers should identify himself or herself and give verbal commands. For example: An officer challenges a suspect by shouting; “Police, don’t move.”
I(H)(3): "....Uniform officers must carry at least one less than lethal weapon...."
I(H)(2): "2. Any officer carrying or utilizing a less lethal weapon must have annual refresher training and manufacturer certification per manufacturer recommendations in the use of the less than lethal weapon."
III(B)(2): Officers will not fire waring shots.
Billings Police Department Policy Manual, Handling Persons with Mental Illness (Chapter 9-1)
Effective Jan. 12, 2015
Officers should take persons with serious mental illness into custody and transport them to a crisis or emergency center. There is a separate team for crisis intervention, which officers must attend a special training course for.
The policy of the Department is to handle mentally ill persons consistent with state law, sound judgment, and with dignity.
I(A)(1): If an officer observes or is called to a situation where he or she believes that a person is seriously mentally ill, and as a result presents an imminent danger of death or bodily harm to others or themselves[, t]he officer must take the person into custody and transport him or her to the Community Crisis Center (CCC), Billings Clinic Emergency Department, or St. Vincent Healthcare Emergency Department, where appropriate.