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SafeWalk is one specific program that falls under a larger safety walking initiative implemented on college campuses throughout the world. The University of British Columbia is one school that has a SafeWalk program, operating from 9 pm-2 am, seven days a week. Students can call the SafeWalk number or use the Blue phone and ask for SafeWalk and be met by one of nine walkers after dark who will walk with them or drive them to their desired location in a designated SafeWalk vehicle. The average wait time is approximately 15 minutes, as reported by UBC. After 2 am, students have the option of calling campus security to be accompanied. Five people are on duty every night, with two pairs of walkers and one dispatcher.
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Courts don't always rule for the police, though. In one case involving the death of a mentally ill man, a federal appeals court stated that a taser "may only be deployed when a police officer is confronted with an exigency that creates an immediate safety risk and that is reasonably likely to be cured by using the taser." The man in the case had wrapped his arms around a post and wasn't a continuing threat to safety, but officers stunned him five times. (The court, however, found that the officers were entitled to "qualified immunity" because the law on this kind of taser use wasn't clearly established at the time.) (Estate of Armstrong ex rel. Armstrong v. Vill. of Pinehurst, 810 F.3d 892 (4th Cir. 2016).)
If you face criminal charges and are interested in filing a lawsuit, talk to your criminal defense attorney. Even if that lawyer won't be the one to file a lawsuit, consulting your defense attorney and keeping him or her informed will likely be critical.
Again, courts are supposed to look at the specific circumstances the police encountered when deciding whether the force was reasonable.
Courts realize that officers often have to make split-second decisions in uncertain situations. When evaluating a case, they therefore consider all the circumstances surrounding police use of force. The operative question is what a reasonable officer would do if confronted with the same circumstances. For example, protecting a mentally ill person walking down the street from injuring himself would probably require less force than stopping a suspect pointing a gun at someone. Likewise, if a single firing of the weapon clearly subdues a suspect, further "tasing" could be found excessive.
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Police officers are allowed to use reasonable force when arresting someone. When they use more force than is necessary to make an arrest, the arrestee might have a viable lawsuit for any resulting injuries.
Campus security coordinates the blue phone programs. UBC has a specific SafeWalk coordinator and trained volunteer walkers, which is similar to that of many other university campuses. Data is collected annually as to how many times the phones are used. UBC reported 61 calls in 2017, with 6 of them being classified as being made due to suspicious activity and 16% being emergency situations (ie. suspicious activity, medical assistance). According to one report, the number of calls made has been consistently declining since 2014. UBC Campus Security publishes annual reports reviewing the year’s events and activities.
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*For specificity reasons, this Wise Practice will focus on UBC’s programs; however, it is important to recognize that Bluelight posts and safe walking programs have been implemented all over Canada and beyond
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Courts often won't approve of officers using tasers on suspects who weren't actively resisting arrest or trying to evade arrest by flight, including those who have been subdued and are otherwise compliant and anyone who is unconscious.
The use of tasers is more likely to be considered reasonable if there is a serious or violent crime at hand. Conversely, if the offense is along the lines of a traffic violation or resisting an officer without violence, taser use is less likely to be acceptable.
Bluelight security system technology and late-night walking programs, such as SafeWalk, are preventative measures to ensure students, specifically women and gender queer individuals, feel safe on campus (especially after dark).
If you think you have been a victim of excessive force by the police, it's important to understand your rights. It's also important to understand how a potential lawsuit against the police could affect the criminal case against you (if there is one).
According to UBC’s student newspaper, The Ubyssey, SafeWalk helps about 300-600 people per month get to their location safely. Roughly 567 transports were made by the Campus Police in 2017 in addition to Safewalk, down from 805 in 2016. UBC Campus Security reported that the sexual assault rate for UBC in 2017 was less than in 2013. Considering over a million dollars was invested in blue light technology in 2017, increasing the number of blue lights on campus to 71 (4x the number of blue phones in 2014), the fact that sexual assault rates were lower is indeed promising.
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The threat a suspect poses is typically the most important factor in determining whether taser use was appropriate. Even when the crime is relatively minor—say, disorderly conduct—threatening behavior can justify the police using a taser.
The issue of excessive force often arises when officers use tasers, which shoot electric probes that are incapacitating and very painful and can cause heart attacks or other serious physical consequences for some people. (Tasers can also be used to "drive stun," which involves the user placing the weapon directly against the subject without shooting the probes.) Whether use of this kind of weapon constitutes excessive force depends on the circumstances.
But the nature of the suspected offense is just one factor to consider. Even when the crime is minor, it might be okay for an officer to use a taser on a hostile and uncooperative suspect.
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On the other end of the spectrum, though, a court found taser use reasonable where an officer used the weapon multiple times on a suicidal person who was holding a gun and refusing to comply with the officer's commands. Because the suspect was still standing and able to speak after the first taser shock, it was reasonable to believe he still posed a threat, justifying continued use of the taser. (Wargo v. Municipality of Monroeville, PA, 646 F.Supp.2d 777 (W.D. Pa. 2009).).
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Bluelight security posts became widespread beginning in the 1980s and after the high-profile murder of Jeanne Clery at the University of Illinois in Chicago. These blue pillars are located at a number of key frequented spots across campus and are connected to phones that are automatically connected to Campus Security and can be used 24/7. There are four main purposes of the blue phones: reporting a witnessed crime in progress, seeking help when harassed, requiring medical assistance, and asking for directions.
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Some people have sued the manufacturers of tasers and similar electric stun guns for injuries suffered at the hands of the police. A plaintiff suing a manufacturer might claim, for instance, that the device was negligently designed or that the manufacturer didn't adequately warn users of the harm it could cause. If you speak to an attorney about a possible lawsuit, you can ask about the potential parties to the suit and grounds for liability.
Although Bluelight safety emergency phones have been effective, there is criticism that mobile apps may be more worth pursuing. However, when taking equity and accessibility into account, it is important to recognize not all students can afford technology, specifically mobile phones. Many phone batteries also die after a night out; blue light programs work regardless of access to mobile phones or battery drainage.
When it comes to pursuing a lawsuit, an experienced civil rights or personal injury attorney should be able to advise you of your options and the relevant rules under your state's law and federal law. You can discuss with that kind of lawyer whether a police officer's employer or supervisor could be liable for failing to train, supervise, investigate, or discipline the officer. Importantly, the lawyer can evaluate whether the officer has a qualified immunity defense (protection from the lawsuit).