Arrest-Related Deaths : Policy and Training Recommendations
Darrell L . Ross , Ph . D .
A non-firearm , arrest-related death ( ARD ) involves a subject ’ s death in custody temporally associated with an LEO ’ s use of force during an arrest , due to the arrestee ’ s medical condition , during transport to a lock-up or jail , and / or transport to a medical facility . 1
Common issues associated with an ARD have been addressed in two previous articles in the 2021 Winter and Spring editions of The Georgia Police Chief . While rare in occurrence , an ARD poses numerous complex and multi-factor issues including : associated medical and mental health condition of the subject ; the subject ’ s history of abusing illicit drugs ; symptoms associated with Excited Delirium Syndrome ( ExDS ); and the use of force and restraint measures applied . As a result of the death , liability claims of excessive force are commonly filed as well as claims that the agency administrator failed to direct officers through appropriate policies and protocols and failed to train the LEOs on responding to persons experiencing “ diminished capacity .” 2
This third article of four , describes protocols which may be implemented in association with an agency ’ s Response to Resistance Policy and also describes officer training recommendations . Recognizing that each incident presents unique circumstances based on innumerable risk factors and variables and the changing operating incident environment , evidence-based recommendations represent guidelines for LEOs response when confronted with a subject exhibiting violent behaviors .
Subject Contact Dynamics Responding to a call of a subject who “ just snapped ,” is screaming , acting strangely and highly agitated , running in and out of traffic , threatening violence toward others , and engaging in self-injurious behaviors can be one of the most dangerous calls for an LEO . The dynamics of the contact commonly show that the subject is non-responsive to attempts of verbal de-escalation , vigorously struggles against the LEOs use of various less-lethal force techniques and options , and is controlled and restrained in handcuffs in the prone position . Unexpectedly , the once combative subject is observed to be quiet and unresponsive . Resuscitation efforts by LEOs and paramedics are unable to revive the person . In a significant number of cases , the cause of death is a cardiac arrest but in many incidents the cause of death is undetermined . 3-6 The medical examiner ( ME ) may conclude that the person ’ s psychosis associated with their mental illness , and the abrupt stoppage of taking his prescribed medications , combined with a chronic history of abuse illicit drugs , underscoring the features of ExDS , and diseased internal organs , all contributed to the death . In some incidents the ME may conclude that the LEO ’ s use of force measures were contributory and classify the death as a homicide , despite the medical condition of the subject . 7 Research reveals that two populations are potentially at risk of an ARD . 8-9
First , it is estimated that in about 60 percent of these deaths , the subject ’ s agitated , bizarre , hy-
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