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Navigating the shift toward 'generally accepted police practices' in litigation
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In litigation, however, plaintiffs’ attorneys and expert witnesses increasingly evaluate those decisions against a more nebulous standard: “generally accepted police practices.”
While the U.S. Supreme Court has established “objective reasonableness” as the legal standard governing use of force, the phrase “generally accepted police practices” has increasingly appeared in civil litigation and expert testimony.
Avoid incorporating emerging terminology into policy or training as though it carries constitutional or statutory authority.
Educate prosecutors and city attorneys: Ensure agency legal counsel and local prosecutors understand the role of human performance factors and the distinction between administrative policy and constitutional law.
By aligning policy, supervisory documentation and officer training with established legal principles and operational realities, agencies can better navigate evolving litigation trends while protecting both their officers and the communities they serve.