4.2 Connecticut Use of Force Standards & De-escalation (CGS 53a-22)

Connecticut Use of Force Standards & De-escalation (CGS 53a-22)

The authority to use physical force is one of the most critical responsibilities entrusted to law enforcement officers. In Connecticut, police use of force is governed by CGS § 53a-22, the U.S. Constitution (Fourth Amendment), and major statutory reforms introduced under the 2020 Connecticut Police Accountability Act (Public Act 20-1).

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Constitutional Standard: Objective Reasonableness (Graham v. Connor)

All police applications of physical force are evaluated under the Fourth Amendment's objective reasonableness standard established by the U.S. Supreme Court in Graham v. Connor (1989).

Core Principles of Graham v. Connor

1. Perspective of a Reasonable Officer: The reasonableness of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with 20/20 hindsight.
2. Split-Second Decisions: Analysis must account for the fact that police officers are often forced to make split-second judgments in circumstances that are tense, uncertain, and rapidly evolving.
3. The Graham Factors: Courts evaluate the totality of circumstances, focusing on three core factors:
   • The severity of the crime at issue.
   • Whether the suspect poses an immediate threat to the safety of officers or others.
   • Whether the suspect is actively resisting arrest or attempting to evade arrest by flight.

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Connecticut Statutory Framework (CGS § 53a-22 & PA 20-1 Reforms)

Connecticut General Statutes § 53a-22 codifies when a police officer is justified in using physical force. Following Public Act 20-1, Connecticut established some of the most rigorous statutory force standards in the nation.

Use of Non-Deadly Physical Force (CGS § 53a-22(b))

An officer is justified in using non-deadly physical force upon another person when and to the extent the officer reasonably believes such force is necessary to:

• Effect a lawful arrest or prevent the escape from custody of a person whom the officer reasonably believes has committed an offense.
• Defend self or a third person from the use or imminent use of physical force.

Mandatory De-escalation Requirement

Under CGS § 53a-22, prior to using physical force, an officer shall, when feasible, use de-escalation tactics, including verbal persuasion, warnings, creating distance, and tactical patience, to reduce the need for physical force.

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Deadly Physical Force Standards (CGS § 53a-22(c))

Deadly physical force is defined under CGS § 53a-3 as physical force which can be reasonably expected to cause death or serious physical injury. Under CGS § 53a-22(c), as amended by PA 20-1, an officer is justified in using deadly physical force ONLY when the officer reasonably believes such force is necessary to:

1. Defense Against Imminent Threat: Defend self or a third person from the use or imminent threat of use of deadly physical force or serious physical injury.
2. Prevention of Violent Felon Escape (Tennessee v. Garner Standard): Arrest or prevent the escape of a person who the officer reasonably believes has committed or is committing a felony involving the infliction or threatened infliction of serious physical injury, AND the suspect poses an imminent threat of death or serious physical injury to the officer or others if not immediately apprehended.

The "Exhaustion of Alternatives" Rule

PA 20-1 added a strict statutory requirement: Deadly physical force is justified ONLY if the officer reasonably believes that all reasonable alternatives to the use of deadly physical force have been exhausted or are infeasible under the circumstances.

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Statutory Restrictions & Prohibitions

1. Absolute Prohibition of Chokeholds and Neck Restraints

Under CGS § 53a-22(d), a peace officer is justified in using a chokehold or other neck restraint that impedes breathing or blood circulation to the brain only when the officer reasonably believes such use is necessary to defend the officer or a third person from the use or imminent use of deadly physical force.

2. Mandatory Duty to Intervene (CGS § 7-282e)

Any police officer who directly observes another police officer using physical force that the observing officer knows to be unreasonable or excessive under the circumstances shall intervene to prevent or stop the use of such force.

• Failure to Intervene: Officers who fail to intervene face mandatory disciplinary action, license revocation by POSTC, and potential criminal liability under Connecticut law.
• Mandatory Reporting: Observing officers must report the incident to their department head as soon as practicable.

3. Mandatory Duty to Render Medical Aid (CGS § 7-282e)

Following any use of force, officers have an affirmative statutory duty to render immediate medical assistance or request emergency medical services (EMS) for any person who exhibits visible injuries, complains of injury, or requests medical attention.

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Use of Force Standards Summary Table