LEGAL ISSUES

Stockton Officer Prevails in Use of Force Case

Posted: December 5, 2011

Veteran Stockton police officer William Teague recently was exonerated of excessive force charges after an arbitrator found he used reasonable force in detaining a combative subject. Arbitrator Katherine Harris ordered a five-day suspension overturned and ordered appropriate back pay and benefits because there was no evidence Officer Teague had engaged in unreasonable force.

The Stockton Police Department‘s use of force instructors were unanimous in the opinion Officer Teague‘s use of force was reasonable, yet the police chief, Blair Ulring, disregarded the instructors‘ opinions and based his decision to suspend Teague on the suspect‘s degree of injury. We embarrassed the Department‘s so-called expert and established the suspect‘s injuries were not caused by Officer Teague‘s use of force. Officer Uses Fist Strikes to Detain Combative Suspect

In December, 2008, Teague and his partner responded to another officer‘s radio call for help in detaining a combative suspect. When Officer Teague arrived, he saw two other officers fighting with a suspect who was proned on the roadway. The suspect was yelling and cursing, pushing himself off the ground, and swinging and kicking his legs. One officer was struggling with the suspect‘s legs and another with his right arm. While his partner assisted with restraining the suspect‘s legs, Officer Teague got to his knees and attempted to control the suspect‘s left arm. He saw the suspect kick one officer in the chest and thought both officers looked fatigued and out of breath from the prolonged fight. Teague also heard one of the officers deploy a Taser and saw the suspect was continuing to ignore commands that he stop resisting.

The suspect suddenly turned his face toward Officer Teague, gathered bloody saliva, and spat at him. Teague reacted to this assault by delivering two or three ―power fist‖ strikes to the suspect‘s face to prevent him from spitting again. Teague stopped using the strikes when the suspect turned his face away. The officers eventually were able to subdue and handcuff the suspect.