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Policy for Using Force is Restricted
By /toledoblade.com
Published: 07/13/2009

Lucas County Sheriff's Office tightens policy for using force on jail inmates

By ERICA BLAKE

BLADE STAFF WRITER

The Lucas County Sheriff's Office has issued an updated version of its use-of-force policy in an attempt to better specify what tactics can be used on inmates and when.

The revised policy is the result of both periodic updating and recent events, jail officials said, and addresses tactics used by employees that in some cases led to internal or criminal discipline.

"We've improved it over the years, but usually an incident will happen and we take a look at how it could happen and make changes," Sheriff James Telb said. "When a problem is detected, when we know about one, or hear about one, or have one, we review the policies and procedures."

The department and the sheriff himself have made headlines recently with cases of alleged inmate abuse ending up in the federal criminal system.

Sheriff Telb is charged with two felonies related to the 2004 death of a jail inmate and allegations of a subsequent coverup.

The department's 19-page use- of-force policy was "cleaned up" last year, Jail Administrator Jim O'Neal said. But recent issues warranted a more thorough review of certain sections, he said.

In particular, the policy that went into effect June 1 offers more specifics on how employees should handle inmates in "situations when nonlethal force is authorized."

Although employees must start with oral commands and a call for backup, the new policy lists the specific techniques that should and should not be used depending on the circumstances.

This differs from the previous policy that allowed for "reasonable force" through the use of tactics taught in the corrections officer class.

"It's more specific on what they can and can't do in terms of holds and techniques," Mr. O'Neal said. "In our review, we wanted to update it to address what's being taught in training and in response to things that have happened over the last few years."

A former corrections officer was sentenced this year to four years in prison after being convicted of three counts of violating civil rights.

Seth Bunke was found guilty of assaulting two jail inmates in separate incidents and of portraying himself as a police officer when he stopped a driver he suspected was intoxicated.

In April, Sheriff Telb, a captain in the sheriff's office, and two former employees were indicted in connection with the death of Carlton Benton, a murder suspect who, according to the charges, died as a result of a choke hold.

Also, the department internally disciplined those who used what was being called a "stun slap" on inmates. Although taught in training for peace officers, it was not acceptable in the jail, the sheriff said.

"There are 28,000 people who get locked up here every year and we have 350 employees," Sheriff Telb said. "Yes, we will have some issues happen and here we address them and make sure they don't happen again."

Matt Luettke, a training officer for the sheriff's office and president of the union representing noncommand officers, said there were initial concerns with the updated policy in that it didn't take into consideration "spontaneous attacks" by inmates.

However, working with the administration, the union was able to add language so that officers can take control of a situation even if they are unable to call for backup, he said.

Also added to the language was the ability for the officers to "retreat."

Mr. Luettke said the word has created misunderstanding in that some believe that the policy is requiring officers to back off.

Instead, the step is listed as a last resort and with the language, "if all else has failed, if an escape route is open to them, and if no other persons are or would be open to an attack from the offender," the officer may retreat.

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