This is a discussion on Flashlights and Liability within the Law Library forums, part of the Correctional Officers and Law Enforcement ONLY category; This is especially relevant to the BOP as the Maglight is usually our only personal weapon inside the prison. But, ...
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#1 |
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Founder, Administrator
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Flashlights and Liability
This is especially relevant to the BOP as the Maglight is usually our only personal weapon inside the prison. But, the principles should apply to any impact weapon.
Flashlights and Liability
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"Keep up the good fight, pass the word, and teach others to fight back when unjustly assaulted--be it on the street or in the courtroom. Self-defense is a normal, moral act. So teach your family, friends, and students practical defense against both physical and legal marauders." by Jerry VanCook |
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#2 |
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F.N.G.
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Re: Flashlights and Liability
I am outraged that any department would want to compromise the safety of an officer by not allowing them to carry the equipment that they need and could save their life. In a self defense situation I plan on using anything that I can get my hands on. I am going home at the end of the day, policy or not.
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If something is worth shooting at, its worth shooting at twice. Last edited by CO-RC; 10-12-2007 at 09:01 AM. |
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#3 |
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Member
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Re: Flashlights and Liability
Here at Leavenworth, we had a sitution dealing with a rec services officer when he used his Mag Light as a self defence weapon. I was asked, due to my possision as the lead self defence instructor, what liability are we subjected to if or when we use the flashlight while defending ourselves. If you BOP staff out there will look on the Use of force form, BPS538.056 page three, there is an area that askes weather a Mag Light was used in the use of force situation.
Alas, we are not trained by the BOP in tactics dealing spesificly with the flashlight. So I contacted Glynco GA training center and got with the instructor that certified me. This is a good instructor, a real world type. And this is what he sent back to be. You're right, it is a gray area without clear cut specifics. Here's how I see it. The Mag Light is not considered a self defence weapon like the riot baton or chemical agents and is issued for other purposes. However, if a situation occured when faced with an assaultive inmate, I believe the officer is justified in defending himself to the best of his ability. If the only means of defence is the flashlight, I would say maintaining his safety is the main priority. As for perception, again every one has a diffrent perception of danger, but you have to use good judgement and common sense and relate it to our use of force model. The inmate is clearly assaultive based on his actions, body language, threats,and facial expressions. If that is the case, I need to defend myself to the best of my ability and only use the ammount of force nessary to gain control of the situation. I wish I could give you a more definitive answer, but I don't see any thing more clear cut in policy. Those are his words and all I can say on that is, ' Reasonable Officers Perception'. |
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#5 |
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PO.org Goddess
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Re: Flashlights and Liability
I don't care about any laws, or any of that BS, I have the right to protect myself and if I was at work being attacked and all I had was a mag light, a folding chair, a notebook or anything else for that matter, I would be bashing someones head in!!!! They could sue me, hell, what do I have nothing, I worked for the BOP, I got a bad attitude, but I like that too much so I would put up a fight if they tried to take that! I had a guy pull out his Jimmy in my office and the first thing I grabbed was a wooden ruler with the metal edge, I grabbed that with my left hand because I am left-handed and I would be able to cut it off easier, and my radio with the other and I told him if he moved, I would cut that mother off, needless to say when compound got there it was still in his hand and he was scared! Don't think for a minute I wouldn't have used the force necessary or the weapon in my hand to do what I needed to do to protect myself!
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"Intelligence is when you spot a flaw in your boss's reasoning. Wisdom is when you refrain from pointing it out." |
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#6 | ||||||||
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Senior Member
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Location: Central California
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Re: Flashlights and Liability
The BOP would, in general rather officers die than any training or reasonable security expenses done. I have told that batons, (to include collapsible) can't be issued because an inmate might take it from us and it would be used against officers. I have seen 7 differant officers stabbed. All of them with "Homemade Weapons". Maybe if the officers had batons, or the BOP allowed big 'ol four cell mag-lites, to give reach they would not have been stuck.
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#7 |
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PO.org Goddess
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Re: Flashlights and Liability
Not all BOP facilities are like that, some of the high-rises authorize the use of the side handle baton, or better known as the PR-24, I don't know if they all do but I do know that some of them use them!
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#8 |
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PO.org Supporter
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Re: Flashlights and Liability
I used to walk the ranges with one of these...in the 5D cell size, if I would of known about the 6D, I would of had it. When working M/W you needed the brightest light you could have.
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#9 | ||||||||
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Senior Member
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Location: St. Petersburg, Florida
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Re: Flashlights and Liability
I have a 4 D at home for use around the house but DAMN those 6 D's are monsters LOL
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Artificial intelligence is no match for natural stupidity!!!!! |
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#10 |
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F.N.G.
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Re: Flashlights and Liability
I know of an Officer that had to use the mag lite twice here at Leavenworth. Thank God he did because both times it saved his Life. I also had an instructor tell me that when in the fight for your life anything is fair game. We are doing a dangerous job that the public doesn't want know about. The Monday Morning quarterbacks that review incidents after they happen really never worked a day in there life inside the blocks. It might have been a short time before they moved to Management and they have forgotten that you have a split second to decide what you are going to do in a situation. If you got a mag lite, 4 cell or 6 then its a Little bit fair. Because we all want to go home to our love ones after the shift is done. Mag lites use them wisely.
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