Certifying Brutality

In the weeks since Roshawon Donley and others were brutally beaten by Troy Police officers, Troy city and policing officials have taken many opportunities to speak about the events. Routinely, they have described the officers’ actions on the scene as necessary, within department policy, and lawful. As shown in the video below, Police Commissioner Magnetto went so far as to say that were the same situation to happen again, he would wish for police to respond exactly as they did — by beating at least half a dozen patrons with baton strikes, including blows to the head.

A Department of Justice report from 2011 explains the current trends in use of force policies in US municipal and other law enforcement departments. “Most agencies do not allow baton use until the subject threatens the officer by assuming the boxer’s stance.” Policies informed by current research in use of force outcomes, criminal and civil case law classify baton strikes to the head and other areas of the body as deadly force. A model DOJ use of force policy states unequivocally that “deadly force is not limited to the use of firearms” and includes baton strikes to the “head, neck, sternum, spine, groin, or kidneys” and lists this use of force among ramming with a car and firearm use. The DOJ makes clear, “A subject who poses no imminent threat will not be struck with a baton or impact tool … During non-deadly force incidents, officers will use reasonable care to avoid striking suspects on the head, neck, sternum, spine, groin, or kidneys, as these strikes may constitute deadly force.”

It is rather clear that Federal standards for municipal and other policing differ widely from the activities officials in Troy wish to certify and advocate as standard practice. They echo a common sentiment among police. A US Department of Justice report found that about half of police agree, “Always following the rules is not compatible with getting the job done.”

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