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Published on Washington State (htps://www.atg.wa.gov)
Home > Use Of Physical Force By Law Enforcement
Attorney General
LAW ENFORCEMENT-POLICE-SHERIFF-Use Of Physical Force By Law Enforcement
4. [a] Peace officers may not use physical force when providing emergency aid
unless a statutorily-enumerated circumstance allowing officers to use force applies,
such as that there is an imminent threat of bodily injury to the officer, another person,
or the person against whom force is being used. [b] Leaving the scene is an option
officers can consider when attempting to de-escalate a situation, but not a statutory
duty. [c] E2SHB 1310 and subsequent amendments do not impact potential common
law liability for officers who provide emergency aid.
5. ESHB 1054 prohibits peace officers from using chokeholds and neck restraints.
E2SHB 1310 removes civil liability and other consequences for officers using
otherwise prohibited tactics such as these to save human life from imminent threat,
but that does not mean that such tactics are authorized.
6. The undefined terms possible, available, and appropriate in E2SHB 1310
and subsequent amendments would likely be interpreted according to their plain
meaning or commonly-understood definitions. Nothing in the text or legislative history
of E2SHB 1310 indicates that the legislature intended to incorporate the Graham
reasonable officer standard into the terms of the law, and in fact the legislative
history indicates the opposite.
January 2, 2023
The Honorable Roger Goodman
State Representative, District 45
PO Box 40600
Olympia, WA 98504 Cite As:
The Honorable Jesse Johnson AGO 2023 No. 1
State Representative, District 30
PO Box 40600
Olympia, WA 98504
Dear Representatives Goodman and Johnson:
By letter previously acknowledged, you have requested our opinion on the following
questions:](ViewImageLocal?handle=hein.sag/sagwa2023&div=1&collection=&method=preview&ext=.png&size=3)