“No case has expressly considered whether a police officer’s right to self-defense is protected by the Constitution,” noted legal documents on behalf of more than 100 Seattle officers who sued the city over new use of force policies brought on by federally-mandated reforms. This will not be such a case either.
U.S. District Judge Marsha Pechman dismissed the case on Friday, the city attorney’s office announced today.
Pechman gave short shrift to the officers’ arguments, which centered on the notion that policies stressing deescalation over force placed them in danger. The judge, for example, noted that the officer’s attempt to bring in the Fourth Amendment ban on unreasonable search and seizure, “misses the mark entirely.”
“The policy does not affect officers’ freedom of movement, so it does not ‘seize’ plaintiffs, even if, as plaintiffs allege, the policy places them at increased risk of injury,” Pechman reasoned in her 15-page decision.
The officers had no more luck with an appeal to the Second Amendment, which Pechman wrote she did not find “plausible.” “The Supreme Court has been clear that ‘the right secured by the Second Amendment is not unlimited’ and is ‘not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.’”
For good measure, Pechaman added that “it does not shock the conscience to see certain deescalation procedures imposed on police officers” in light of the Department of Justice’s finding that the SPD had routinely engaged in excessive force. Indeed, it would be “surprising” if SPD did not adopt these kind of policies, she held.
She also threw in her assessment of the policies, which she said “provides officers with a wide range of tools to gain control over situations and to protect themselves, from use of verbal commands to physical restraint, TASERS, pepper spray and batons, in addition to firearms.”
In a statement, City Attorney Pete Holmes and Mayor Ed Murray both said they were happy about the ruling. “Today we move forward with police reform and move past internal divisions over policy,” the mayor said.
But that seems like an overstatement. Just because the officers lost the case doesn’t mean that they’re suddenly onboard and are ready to sing Kumbaya. Moving past divisions are more likely to come from the kind of talks that happened last June, when new Chief Kathleen O’Toole met privately with a few of the officers involved in the suit. She assured them that they would have a “voice at the table” in ongoing review of the policies, according to The Seattle Times. While that diplomacy didn’t stop the officers from continuing to press their suit, they might be more receptive now that they’ve hit a legal brick wall.