Page 206 - Critical Tasks in Law Enforcement 2020-2021 Sessioin

Task: Policy or Lack of Policy

Garrett v. Unified Government of Athens-Clarke County, 246

F.Supp.1262 (M.D. GA. 2003).

The fact that an agency has no policy or training on a specific type

of police use of force will not exonerate the agency from liability

where the specific type of force is customarily used by officers with

the tacit approval of supervisors.

• Although an agency does not list hog-ties in their policy nor trains in

the use of hog-ties; the agency has a custom of using hog-ties if

notwithstanding the lack of policy or training, officers regularly hog-

tie individuals.

©2021 Jack Ryan Legal & Liability Risk Management Institute 205