LANCASTER -- The City of Lancaster announced that it has made series of revisions to the Lancaster Bureau of Police's Use of Force policy after an incident earlier this summer in which an officer used his Taser on an unarmed man during an arrest on South Prince Street.
A neighbor recorded the June 28 incident and posted the video, which went viral on social media. Sean Williams, 27, who was the subject under arrest in the video, filed a federal lawsuit against the City of Lancaster, The Lancaster Bureau of Police, and Philip Bernot, the officer who arrested him, claiming Bernot used excessive force.
The City later determined that Bernot did not violate Use of Force policy as it existed at the time. At a city council meeting two weeks later, a citizens group asked the city to change its policies regarding police use of force.
Lancaster County District Attorney Craig Stedman announced earlier this week that Bernot did not show criminal intent in using his Taser to subdue Williams, and that Bernot would not face criminal charges in the incident.
In announcing the policy changes Friday, the City of Lancaster is giving citizens a chance to offer their feedback and suggestions moving forward.
Here's summary of the changes in policy:
When are officers allowed to use force?
- OLD POLICY: Any use of force had to be objectively reasonable -- this was a very general standard that asked only whether the officer acted in a way that an average officer would in the same situation.
- NEW POLICY: The new policy is more strict. Force must still be objectively reasonable, but also be proportional to the threat facing the officer. Incorporated de-escalation, requiring officers to use de-escalation techniques prior to using force.
When are officers prohibited from using force?
- OLD POLICY: Excessive force was not defined in the old policy, and did not provide guidance on proportionality between resistance and control.
- NEW POLICY: The new policy clarifies what excessive force is, and provides specific guidelines for levels of control in relation to various levels of resistance. This makes it more clear as to when excessive force is being used.
When are officers allowed to use deadly force?
- OLD POLICY: Referenced PA Title 18, Section 508 (Use of Force), instead of addressing deadly force directly in the policy.
- NEW POLICY: The new policy adds the term Deadly Force Assault and provides guidelines as to when an officer can use Deadly Force.
When must officers attempt to de-escalate?
- OLD POLICY: The term de-escalation did not appear in the old policy. Officers were not encouraged to use de-escalation tactics before using force.
- NEW POLICY: Officer are now required to use de-escalation tactics before using force. The policy suggests several de-escalation tactics, such as creating distance between the officer and the threat.
What must an officer do after using force?
- OLD POLICY: Reporting requirements were vague. Use of Force reports were not reviewed at various levels of supervision within the department.
- NEW POLICY: Provides clear instruction on the reporting procedure. Use of Force reports will now be reviewed at five levels. The five levels of review create 100 percent accountability at levels of supervisors within the department. New software (BlueTeam) for recording, maintaining, and providing early warning triggers for use of force reporting. This adds transparency and makes retrieving use of force statistics available within minutes.