Response To Resistance - Use of Force Reporting

• The Omaha Police Department (OPD) aims to protect citizens, respect suspect rights, and ensure officer safety, mandating thorough documentation of any use of force.

General Use of Force Reporting Requirements

• The OPD collects data on arrests involving physical force for management, training assessment, and accreditation compliance.
• Officer responses categorized as "Actively Resistive" or higher necessitate careful review due to potential injury risks for both citizens and officers.
• A Chief’s Report (OPD Form 214) is required when an interaction results in an Officer Response from the Actively Resistive Subject Category or higher, detailing the officer's use of force and justification.
• For Actively Resistive Subjects, the report must explain why a lesser response would have been ineffective when using an ECD, Impact Weapon, or Less-Lethal Launcher.
• Completing a Chief’s Report is in addition to any other official reports for the incident
• A Chief’s Report is not required for handcuffs or strength techniques.
• The Chief’s Report should include:
  • Citizen's actions and resistance leading to the use of force.
  • Attempts to mitigate force, including de-escalation tactics.
  • Citizen's actions after force was applied.
  • Description and check-box indication of injuries sustained by the citizen.
  • Indication if medical attention was given due to an injury or policy requirement, and where it was administered.
• Use of force in the Passively Resistive Subject Category or lower will not be an identified incident per the Early Intervention Tracking System (EITS) unless deemed "Not in Compliance with Policy" (NCP).
• Officers must complete a Chief’s Report regardless of duty status if under official authority and the use of force requires one.
• Off-duty officers must complete the report immediately upon their next shift, unless directed otherwise by a command officer.

Use of Force Chief’s Report Packets

• All reports related to the use of force must be attached to the Chief’s Report, which acts as the cover sheet.
• Chief’s Report Packets are reviewed per the OPD “Chief’s Reports” policy, except in specific scenarios:
  • When officers from multiple precincts or sections are involved, it will be forwarded through the geographic precinct chain of command.
  • For off-duty employment incidents, if on-duty officers assist, the on-duty officers' precinct captain will review and consult with the off-duty officer’s captain before final recommendations.
  • If no on-duty officers assist off-duty officer(s), the off-duty officer's chain of command will review and consult with other off-duty officers’ captains before recommendations. The precinct captain where the incident occurred will receive copies of the reports.
• The Research and Planning Unit will conduct an annual Use of Force Analysis examining the Department’s activities, policies, and practices
• The Safety Review Board Chairperson may provide an end-of-year summary identifying trends and training recommendations, forwarding it to the Office of the Chief of Police.

Vascular Neck Restraint (VNR) Reporting Guidelines

• A Chief's Report is required whenever a VNR is used, regardless of success.
• The Chief's Report must include:
  • A synopsis of the interaction, including the subject’s behavior, Subject Interaction Category, or circumstances leading to the VNR.
  • Details about the application of the VNR, including loud, repetitive commands.
  • Whether the VNR hold relaxed with compliance.
  • Whether the suspect lost consciousness & if so, the medical attention provided.
  • Medical attention is required whenever a subject loses consciousness.
• If the subject is injured by the VNR application, follow Section VIII or IX as appropriate.

Chemical Agent Reporting Guidelines

• A Chief’s Report is required when a chemical agent is targeted at a specific person or group but not when used on an animal.
• The Chief’s Report must include:
  • A synopsis of the interaction, including the Subject Interaction Category.
  • The amount of agent used (number and duration of sprays).
  • The distance from the subject at deployment.
  • The officer’s actions after deployment.
  • Whether professional medical attention was offered or first aid measures taken, including times.
  • Any decontamination instructions given.
• If a citizen reports injury or exposure to a chemical agent as an unintended target:
  • The receiving officer will complete an Incident Report (OPD Form 189).
    • Electronic reports: Select “Non-Criminal” and enter “Injury” in the “Offense” field.
    • Paper reports: Check the “Non-Criminal” box and enter “Injury” in the “Offense” box.
  • A Chief’s Report is required to initiate a review and document potential liability against the City.
• The reviewing supervisor will identify the original event causing the injury to link it appropriately.

Electronic Control Device (ECD) Reporting Guidelines

• A Chief’s Report is required when an ECD is deployed.
• Forensic Investigations will take photos when a subject is struck by probes breaking the skin or a ‘drive stun’.

ECD Information for Chief's Report

• ECD weapon serial number.
• ECD cartridge serial number.
• The number and duration of energy cycles given to the subject.
• Any medical treatment given to the subject. brief synopsis of the interaction, including the Subject Interaction Category.
• The approximate distance in which the officer engaged the subject.
• The location of both probes (or ‘drive stun’ contact) on the subject’s body.
• The subject’s actions after being struck by the ECD.
• Any injuries the subject received.
  • Differentiate between primary injuries from the ECD and secondary injuries from falling.
• When the Taser 7 Warning Arc is used for de-escalation, complete a Chief’s Report by checking "Other" and writing “Warning Arc Displayed."
  • Describe the circumstances for using the Warning Arc and its success in de-escalation.
• Chief’s Report is the only report when deploying ECD on animals.
• The OPD ECD Coordinator will track ECD data port information annually
• The Internal Affairs Unit or Homicide Unit may request an ECD data port download for questionable deployments or serious injuries.

Impact Weapon Reporting Guidelines

• A Chief’s Report is required when an impact weapon, including an improvised one, is used to subdue a subject.
• Detail the circumstances for using the improvised weapon in the report
• The Chief’s Report must include:
  • A synopsis of the interaction, including officer observations and response.
  • The Subject Interaction Category, including the subject’s actions, comments, and demeanor.
  • The Officer Response Technique(s) used to subdue the subject.
  • Method of application – forward strike, backhand strike, forward block, backhand block, or other.
  • The number of strikes.
  • The precise part of the subject’s body struck and whether it was a Low Lethality or Vital Target Area.
  • If the intended target was not struck, explain why.
  • The nature of any injuries.
  • Who offered or requested medical treatment, including the details.
  • If medical attention is refused, the report must include the exact time, day, date, and words used to refuse.
• In the event of injury from an impact weapon, follow Section VIII or IX, as appropriate.

Less-Lethal Projectile Reporting Guidelines

• A Chief’s Report is required when less-lethal weapon systems are used.
• OPD Forensic Investigations will photograph the area of the subject’s body that has been struck.
• The Chief’s Report must include:
  • A synopsis of the interaction, including the Subject Interaction Category.
  • The type of less-lethal weapon system and projectile deployed.
  • The number of rounds fired and where they impacted, if known.
  • The distance the officer engaged the subject.
  • The subject’s actions after being struck.
  • Any medical attention offered and/or first aid measures taken, including times.
  • Any decontamination instructions.
• An Incident Report is required:
  • Electronic reports: Select “Non-Criminal” Incident Type and enter “Injury” in the “Offense” field.
  • Paper reports: Check the “Non-Criminal” box and enter “Injury” in the “Offense” box.
• Only a Chief’s Report is required if a less-lethal weapon system or projectile is used on an animal.
• The OPD Safety Review Board will forward a copy of the Chief’s Report Packet to the Training Unit to evaluate the effectiveness of the less-lethal weapon system.

Discharge of Firearms

• A Chief’s Report is required when an officer discharges a firearm intentionally or accidentally.
• A Chief’s Report is not required during OPD training or qualification shoots unless the discharge is believed to be “Not in Compliance with Policy” (NCP), as determined by a command officer
• The Chief’s Report should be completed per the OPD “Response to Resistance – Investigative Process for Use of Force Incidents Involving Serious Injury or Death” policy if the discharge results in serious injury or death.
• The Chief’s Report must include:
  • A synopsis of the details of the discharge.
  • The type of firearm discharged.
  • The number of shots fired.
  • Any known property damage caused by the discharge.
• An Incident Report is required if any property with a known owner, including an animal, is damaged or destroyed:
  • Electronic reports: Select “Non-Criminal” Incident Type and enter “Non-Criminal DOP” in the “Offense” field.
  • Paper reports: Check the “Non-Criminal” box and enter “DOP” in the “Offense” box.
• All other reports concerning the incident should be completed per OPD policy.

Use of Force Involving Non-Serious Injury

• A Chief’s Report is required when an officer’s interaction causes any injury, either visible or alleged by the subject.
• The Chief’s Report must include:
  • A synopsis of the interaction, including the Subject Interaction Category.
  • The type of Officer Response technique used.
  • A description of the actual injury or the subject’s claim of injury.
  • The subject’s actions after the application of the Officer Response technique.
  • Any medical attention offered and/or first-aid measures taken, including the time(s) administered.
• An Incident Report is required:
  • Electronic reports: Select “Non-Criminal” Incident Type and enter “Injury” in the “Offense” field.
  • Paper reports: Check the “Non-Criminal” box and enter “Injury” in the “Offense” field.
• All other reports concerning the incident should be completed per OPD policy.

Use of Force Involving Serious Injury and/or Death

• A Chief’s Report and all other reports required shall be completed as described in the OPD “Response to Resistance – Investigative Process for Use of Force Incidents Involving Serious Injury or Death” policy

Canine/Police Service Dog Use of Force

• A Chief’s Report is required when a Canine/Police Service Dog (PSD) deployment results in a use of force against a subject.
• The Canine Unit Sergeant will complete or direct the completion of the Chief’s Report per Canine Unit Use of Force Investigations procedures.
• All other reports concerning the incident should be completed per OPD policy.
  • A copy of all other reports will be sent to the Canine Unit Sergeant.
  • The Canine Unit Sergeant will assemble the Chief’s Report Packet and submit the Packet per this policy.

Excessive or Unreasonable Force

• Officers who intervene in or witness an excessive or unreasonable force situation must promptly report it to a supervisor and document their observations and actions on a Chief’s Report (OPD Form 214).

This lesson covers Omaha Police Department (OPD) policies regarding use of force, documentation requirements, and data collection. It addresses when Chief's Reports (OPD Form 214) are needed, what information to include when employing an Electronic Control Device (ECD), and data collection related to arrests involving use of force.