Transcript MICHIGAN MUNICIPAL RISK MANAGEMENT AUTHORITY

MICHIGAN MUNICIPAL RISK
MANAGEMENT AUTHORITY
TASER® Risk Avoidance Program
(RAP)
MICHIGAN MUNICIPAL RISK
MANAGEMENT AUTHORITY
MMRMA is a public entity self-insurance pool which provides
liability and property coverage.
We provide local governments the opportunity to protect their
organizations, their employees, their offices and their citizens
from unexpected liability and property losses.
In addition to our broad and high limits of liability and
property coverage's, MMRMA provides risk management,
claims administration, legal defense and reinsurance
services to its members.
OUR MEMBERS ARE…
•
•
•
•
•
•
•
•
•
Villages, Townships, Cities and Counties
Health-related facilities
Municipal authorities
Boards and commissions
Library and library systems
Courts
Transportation authorities
911 Public Safety Communication systems
Cable Communication systems
LAW ENFORCEMENT
DEMOGRAPHICS

MMRMA represents 149 law enforcement
agencies in Michigan

Approximately 6,000 officers are employed by
those agencies
TASER® ELECTRONIC
CONTROL DEVICES (ECDS)
IN MICHIGAN
LEGISLATIVE HISTORY FOR
TASER ECDS IN MICHIGAN
January 2003 TASER ECD use approved in
Michigan for:







Police officers
State correction officers
Licensed Private Investigators
Aircraft pilot or crew member
Probation officer
Court officer
Bail agent
LEGISLATIVE HISTORY (cont.)
September 2004 statute amended:

Local correction officers added

Michigan has a distinction between a “sworn
peace officer” and a “corrections officer”
RISK AVOIDANCE PROGRAM
(RAP)

Projects which involve the potential for
reduction in risk and liability exposure

May of 2003 the TASER RAP reimbursement
project approved

Policy & Procedure for TASER developed for
Public Safety Officers
RISK AVOIDANCE PROGRAM
(RAP)

MMRMA’s program began in 2003

By 2006 123 law enforcement agencies were
taking part in program
3 TASER RAP PROGRAMS

Law enforcement reimbursement program

Jail and lock-up program

Court program
REQUIREMENTS OF TASER
RAP PROGRAM
•
•
•
•
•
•
Each department to have a use of force protocol
Each officer to be trained in use of TASER ECDs
Protocol must include supervisory review of each
TASER ECD use (we believe key to success in
low # claims)
Copy of police report forwarded to MMRMA
Medical clearance on subjects (first 18 months)
Adopt our model policy/procedure
TASER RAP PROGRAM
•
•
•
•
•
Train-the-trainer program around state
Included presentation at Ingham Regional
Medical Center
July 2003, began partial reimbursement for
TASER ECDs
2005 recognized as a standardized RAP
grant
As of December 2008 distributed over
$289,550
TASER REPORTING DATA

123 police/sheriff agencies taking part in program

Represents ≈5000 officers

75 Departments have complied with our incident
reporting requirement (60%)
TASER USE DEFINITIONS

Deployment – probes are discharged

Drive stun – contact pain compliance

Presentation – TASER ECD presented with
laser and/or spark demonstration

Failure – (defined by agency)
TASER DATA
1,768 TASER incidents consisting of:

1,002 TASER ECD deployments

560 Drive stuns

132 Presentations

74 Failures
1,768 TASER INCIDENTS REPORTED
BY PARTICIPATING DEPARTMENTS
132
560
74
1,002
TASER DATA 2003-2008
TASER INJURIES
 Of
the 1,768 incidents, there have been
83 reported secondary injuries or 4.6%
 Significant injuries:



1 injury reported -- probe contact to the eye
1 injury reported -- infection developed while
at hospital (second party involvement)
1 injury reported -- probe contact to the head
TASER ECD USE DATA (cont.)
Of the 1,768 TASER ECD incidents:

899 reported instances of substance abuse
(50.8%). Of this:
• 748 involved the use of alcohol (42.3%)
• 151 instances of drugs/narcotics use (8.5%)

152 or 8.5% incidents were reported
involving individuals needing psychiatric
intervention
EXCESSIVE FORCE CLAIMS
REPORTED BY MEMBERS
Year
2000
2001
2002
2003
2004
2005
2006
2007
2008
Claims
66
46
61
84
125
68
57
49
17
EXCESSIVE USE OF FORCE
REPORTED BY MEMBERS
125
84
66
61
46
68
57
49
17
REPORTED LOSSES FOR
EXCESSIVE FORCE CLAIMS
Year
2000
2001
2002
2003
2004
2005
2006
2007
2008
Claim Amounts
$2,712,979
$ 922,147
$2,081,971
$7,068,232
$6,448,316
$6,085,516
$ 831,943
$ 508,340
$ 366,600
LOSSES FOR EXCESSIVE FORCE
$8,000,000
$7,068,232
$7,000,000
$6,448,316
$6,130,516
$ Dollars
$6,000,000
$5,000,000
Losses
$4,000,000
$2,712,979
$3,000,000
$2,081,971
$2,000,000
$922,147
$891,943
$550,840
$1,000,000
$366,600
$0
2000
2001
2002
2003
2004
Year
2005
2006
2007
2008
LITIGATION INVOLVING TASER
MMRMA did not receive any claims, notice of claims
or lawsuits for excessive force involving our members
utilizing the TASER ECD for the calendar year 2008.
Of the 1,768 TASER ECD incidents occurring over
the last 6 years:

27 incidents (1.5%) have been reported:
•
•
•
•
7 closed with $0 distribution
9 closed with $255,500 total distribution
Average of $28,389 per incident
Of the remaining 11 incidents which remain as open and
active in litigation, none appear to offer significant
opposition to their defense
FUTURE TRAINING
CONSIDERATIONS


Drive stun as pain compliance technique; very
limited success on subjects under influence
“Social perceptions and concerns creating need
for elevated justification factors”
Seniors, subjects age, children, restrained subjects,
passive subjects being seized, use on animals; male
officers/female subject activation

Drive stun to neck

Securing subject during TASER activation
FUTURE TRAINING
CONSIDERATIONS (cont.)

TASER ECD activation on elevated platform

Instructor selection

Probes missing intended target, not a TASER
ECD failure

Two or more TASER applications on single
subject – documentation

TASER ECD application for controlling diabetic
reaction
PROGRAM ACCOMPLISHMENTS
 Negligible number of claims in reserve
 Decreasing excessive force complaints
 Low reported cases involving litigation
MICHIGAN MUNICIPAL RISK
MANAGEMENT AUTHORITY
Mike Berthā
MMRMA
14001 Merriman Road
Livonia, MI 48154
Office – 734-245-7764
Cell – 734-216-9789
Email – [email protected]