What are potential policy or liability consequences of improper OC use?

• A. No consequences.
• B. Administrative leaves of absence only.
• C. Potentially affecting agency credibility but no legal action.
• D. Civil liability, internal disciplinary actions, or criminal liability for excessive force; potential impact on agency credibility.

Answer: (D)

When OC use is improper, it falls outside the legitimate use-of-force framework and exposes both individuals and the agency to multiple consequences. Civil liability can arise from lawsuits by detainees, bystanders, or their families for wrongful or excessive use of force, including damages for pain, medical costs, and related harms. Criminal liability is also possible if the conduct meets elements of assault or other illegal use of force, especially when force is excessive or unjustified. Internally, agencies may pursue disciplinary actions such as investigations, suspensions, retraining, or termination for violations of use-of-force or policy guidelines. In addition, improper use can damage the agency’s credibility and public trust, which can affect community relations, oversight outcomes, and the perceived legitimacy of policing. To prevent these outcomes, policies emphasize proportionality, de-escalation, accurate documentation, medical monitoring, and timely reporting.