Albuquerque Journal

Judge overrules police union objection to policy

Group had sought change in use-of-force wording

- BY ELISE KAPLAN JOURNAL STAFF WRITER

The federal judge presiding over the yearslong reform of the Albuquerqu­e Police Department ruled against the police union earlier this month in a move that the city says will allow it to enact a more stringent standard for when officers can use force.

At issue was a sentence in the department’s new use-of-force policies, implemente­d in January, that reads: “Supervisor­s and (Force Investigat­ion Section) detectives shall consider the facts that a reasonable officer on scene would have known at the time the officer used force in evaluating whether the force was in compliance with department policy.”

In a motion filed last year, the Albuquerqu­e Police Officers’ Associatio­n argued, among other things, that the sentence was vague and undefined and it’s difficult to determine what facts “a reasonable officer” would have known. It asked for the sentence to be replaced with: “The determinat­ion of ‘objectivel­y reasonable’ is based on the totality of the circumstan­ces and the facts known to the officer at the time of the incident.”

But U.S. District Judge James Browning overruled the union’s objections, saying he can only amend the use-of-force policy if it violates the constituti­on, federal law or the court-approved settlement agreement between the city and the Department of Justice. He found it did not.

He said the language in the use-of-force policy is consistent with the “objective-reasonable­ness

standard” laid out by the U.S. Supreme Court in the Graham v. Connor case, which defines when an officer can legally use force and how much force can be used.

“For instance, the determinat­ion whether a reasonable officer would have known that the offender suffered from mental illness is not based on whether it surfaces after the situation that the offender suffered from mental illness,” Browning wrote. “Instead, the determinat­ion is based on whether a reasonable officer at the crime scene would

have known from the circumstan­ces that a person suffered mental illness.”

It took the city years to revise APD’s use-of-force policies in a manner consistent with the court-approved settlement agreement. The city entered into the agreement after a Department of Justice investigat­ion found APD had a pattern of excessive force against citizens.

“A key component of the Settlement Agreement with the DOJ — and the work to repair APD’s relationsh­ip with the public — was an overhaul of the department’s Use of Force Policies,” city spokeswoma­n Jessie Damazyn wrote in a news release about Judge Browning’s ruling.

An independen­t monitor overseeing the reforms has generally been compliment­ary of the city and APD since Mayor Tim Keller took office, saying there has been a change in attitude and level of cooperatio­n. However, he has also pointed to a culture in the mid-level management that continues to resist reform.

Newspapers in English

Newspapers from United States