Untitled

Abstract

During a period of confinement in a detention facility, it is not uncommon for detention officers to confront a violent and combative detainee. While rare, a detainee may unexpectedly die during or after the control and restraint process and from being restrained in the prone position. Following a custodial death, a lawsuit will most likely be filed claiming that the responding officers used excessive force and that it contributed to the positional asphyxia death of the detainee. Further, the lawsuit may assert that the administrator failed to train and supervise the officers and failed to implement constitutional policies and procedures. The medical issues associated with prone restraint and the excessive force litigation theories have emerged as a high profile subject in detention liability. This assessment examines the current status of the scientific research performed on prone restraint and provides an assessment of the outcomes and trends in the lower court's decisions regarding a custodial death after the use of the prone restraint position. Recommendations for detention administrators are also discussed.