Police blame new Washington laws for failing to respond to suicide calls

Earlier this summer the Washington legislature passed, and Governor Jay Inslee signed, 12 new laws enacting sweeping policing reforms and accountability measures, designed to reduce the incidence of harmful and in some cases deadly encounters with the police.

One of these reforms — House Bill 1310 — established a “reasonable care” standard that requires officers to employ de-escalation tactics, use the least amount of physical force necessary and limits the use of deadly force to situations where there’s an imminent threat of serious injury or death.

In many ways, this new law is not as novel as it may seem. Over 30 years ago the United States Supreme Court decided the Graham v. Connor case, describing the basic rules for police use of force that still apply today. Under Graham, any police officer’s use of force must be “objectively reasonable,” determined based upon:

  • The severity of the crime at issue;

  • Whether the suspect poses an immediate threat to the safety of the officers or others; and

  • Whether the suspect is actively resisting arrest or attempting to evade arrest by flight.

It has been common practice for years for police manuals to incorporate the Graham factors — even directly citing to Graham (see the Seattle Police Department Manual Title 8.000 - Use of Force Core Principles), to require police use the least amount of force that is reasonable, necessary, and proportional to the circumstances (see the Seattle Police Department Manual Title 8.050 - Use of Force Definitions), and to explicitly require de-escalation when safe and feasible (see the Seattle Police Department Manual Title 8.100 - De-Escalation).

HB 1310 basically codified these kinds of standards into Washington statutes, and provided some additional detail on factors to consider — such as whether the person is pregnant, a minor, mentally, behaviorally, or physically impaired, or suicidal.

So why is it that police officers and departments feel so constrained by this new law that they are flat-out refusing to respond to calls involving a suicidal person who is alone in their home and not a threat to “anyone else” (other than obviously the suicidal person themselves)?

The new laws are designed to regulate police use of force, but that is just one tool at the police’s disposal. The police could talk to the person. Listen to them. Offer them aid. Utilize those de-escalation tactics they’ve had for years to help in other ways.

Instead, these reactionary new police department policies effectively say “if we can’t use violence in a situation, there’s no reason for us to be there at all.” As other commentators have said, they are effectively “weaponizing reform at the risk of harm to our most vulnerable community members.”

And we’re already seeing the results. Within six hours of HB 1310 going into effect, a suicidal man died. Despite his girlfriend’s 911 call, no one responded — not police, not medic crews, not any crisis response team. And what did the police say when responding to the scene after his death?

“Shame they put new laws in place... could have helped him.”

“Well, thanks legislators.”

No. The police could have helped him, or at least tried. They made a choice not to.

Current EventsLisa BenedettiPolice Misconduct, Governmental Accountability, Use of Force