Case Law & Resources: Oklahoma
Citation
Issue Presented & Facts
Holding
Aldaba v. Pickens, 777 F.3d 1148 (10th Cir 2015)
Whether Police Officer's use of a stun gun to arrest person with known mental instability constituted excessive force.
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Police officers appealed denial of summary judgment on qualified immunity when using a stun gun to subdue a mentally unstable patient with known medical condition.
"The situation the police officers faced in this case called for conflict resolution and de-escalation, not confrontation and Tasers."
Dissent states that based on the facts it seems like the police officer "did try to resolve and deescalate the conflict."
It is clearly established law that it is not objectively reasonable to employ a Taser as the initial use of force against a seriously ill, non-criminal subject who poses a threat only to himself and is showing only passive resistance, regardless of whether they provide a warning first.
Morales v. The City of Oklahoma City, 230 P.3d 869 (Okla. 2010)
Whether a police officer's duty in making an arrest is to use only such force as a reasonably prudent police officer would use in light of the objective circumstances.
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Police officer who injured student while detaining her during arrest is not entitled to summary judgment given the facts, including the size difference of the officer.
There are triable issues of fact as to whether the police officer used reasonable force. A police officer's duty is very specific: it is to use only such force in making an arrest as a reasonably prudent police officer would use in light of the objective circumstances confronting the officer at the time of the arrest.
Reference to "(5) the existence of alternative methods of accomplishing the arrest" as a factor in determining reasonableness of force, citing Kyle v. City of New Orleans, 353 So.2d 969, 973 (La.1977).
Hodge v. Keene, 2013 WL 372460 (W.D. Okla. Jan. 30, 2013)
Whether the police officer's conduct was reasonable, and whether a claim that the City failed to adopt or enforce adequate police policies falls under a statutory limitation of liability.
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Confirms summary judgement for police officer who shot known suicidal man. The Court found the facts in this case showed the police officer did act reasonably.
City argued the justifiable homicide statute provided a defense, and the Court found it must instead apply the reasonableness standard of Morales.
The correct test to use for the police officer's behavior is the test under Morales, and the city is not liable for failing to adopt or enforce adequate police policies. ( A police officer's duty is to "use only such force in making an arrest as a reasonably prudent police officer would use in light of the objective circumstances confronting the officer at the time of the arrest" and one such factor is "(5) the existence of alternative methods of accomplishing the arrest").
Reference to Okla. Stat. tit. 21, § 732(3).
Case Law
Resources
Citation
Summary and Notes
Proposed bill to form a task force to reduce the number of violent interactions between law enforcement officers and members of the public.
Relevant Excerpt
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Review laws, practices and training programs regarding the use of deadly force in Oklahoma;
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Review current policies, practices and tools used by or otherwise available to law enforcement as an alternative to lethal uses of force, including electroshock weapons and other nonlethal weapons; and
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Recommend best practices to reduce the number of violent interactions between law enforcement officers and members of the public.
Proposed bill to amend § 732. Justifiable homicide by officer. Would amend statute to include requiring de-escalation.
3. Peace officers shall use deadly force only when necessary in defense of human life. In determining whether deadly force is necessary, an officer shall evaluate the particular circumstances of each situation and use de-escalation tactics and available resources when reasonably safe and feasible for an objectively reasonable officer to do so.