Use of force (response to resistance) guidance, policies, and data (Omaha Police Department)

Dear Ms. Lipton,

I am responding to your request on behalf of the Omaha Police Department. In your request dated, July 29, 2020, you sought a copy of the below listed records. Your request is made pursuant to the provisions of the Nebraska Public Records Act.

• Policies.
Any and all policies guiding appropriate and inappropriate uses of force by any member or representative of this agency. These may also include “Response to Resistance” policies and similar guidance.
Please also provide all policies regarding the use of lethal, less-lethal, and non-lethal weapons (for example: TASERs pepper ball guns, rubber bullets, gases, sprays, water, etc.), including all policies regarding borrowing, accessing, or assuming responsibility for such weapons, tools, and ammunition.
Please also provide all policies or guidance related to reporting or tracking discharges from or uses of such weapons, as well as any other applicable policies or directives related to the acquisition, use, and reporting of weapons or tools.
Please also provide all policies and guidance used to evaluate any use of force or adjudicate administrative and internal investigations into any use of force or weapon discharge.
• Instructions for reporting. Any and all instructions and guidance related to the reporting of uses of force by any member or representative of this agency.
• Forms, coding descriptions, and other guidance.
All forms, codes, guides, and guidance used in the reporting and review of uses of force or weapons, including:
Any list of codes or definitions for terms or tags used in the reporting, collection, or review of uses of force.
A blank version of each form, log, and other documentation used to report or track uses of force by this agency.
A blank version of each form, log, and other documentation used to report or track the borrowing or use of lethal, less-lethal, and non-lethal weapons
A blank version of each form, log, and other documentation used to report or track any discharge of force from firearms, tools, or weapons employed by this agency
A copy of any guidance, requirements, laws, and policies issued by the state, including those issued as part of grant or other funding requirements, regarding this agency’s responsibilities for reportings uses of force or weapons
A copy of any guidance, requirements, laws, and policies issued by the federal government, including those issued as part of grant or other funding requirements, regarding this agency’s responsibilities for reportings uses of force or weapons
• Use of Force Data
For the period from January 1, 2019 through December 31, 2019 and the period from January 1, 2020 through July 31, 2020, data on the each use of force by representatives of this agency, including but not limited to:
Date, time: The date (month, day, year) and time of the incident
Location: Street address, block, and other relevant location information
Subject(s) information: race, ethnicity, national origin, age, gender, resultant or related injuries sustained or alleged, weapon type (if applicable) in the possession of each involved individual, arrests or charges associated with the incident
Officer information (for each involved officer): employee number or other unique identifier used for the officer, race, resultant or related physical injuries, patrol division, unit
Incident details: incident or other unique identification number for the use of force incident
Type of force details: a description of each type of force used
Body camera or other footage: Inventory of any video record was created of the incident and/or a copy of the captured footage from all present cameras
Disposition of investigation into the incident: The current or final status of each use of force incident, including whether challenges to the use of force were sustained or dismissed or if the incident had no or is currently under investigation
Please provide the information as a csv spreadsheet, if possible, and if not possible, please provide incident reports sufficient to show the requested data.
• Discharge Report Data
For the period from January 1, 2019 through December 31, 2019 and the period from January 1, 2020 through July 31, 2020, data on each discharge of a firearm and other weapons by representatives of this agency, including but not limited to:
Date, time: The date (month, day, year) and time of the incident
Location: Street address, block, and other relevant location information
Incident description and details
Tool or weapon used, including any unique identifier or identification number
Number of discharges
Subject(s) information: race, ethnicity, national origin, age, gender, resultant or related injuries sustained or alleged, weapon type (if applicable) in the possession of each involved individual, arrests or charges associated with the incident
Officer information (for each involved officer): employee number or other unique identifier used for the officer, race, resultant or related physical injuries, patrol division, unit
Type of force details: a description of each type of force used
Disposition or status of any investigation or follow-up review of the incident
Please provide the information as a csv spreadsheet, if possible, and if not possible, please provide incident reports sufficient to show the requested data.

This is the response required by NEB. REV. STAT. § 84-712(4).

The Nebraska public records statutes allow persons the right to examine public records in the possession of public agencies during normal agency business hours, to make memoranda and abstracts from those public records, and to obtain copies of public records in certain circumstances. Those statutes do not require a public agency to review documents and create abstracts or other lists, to answer questions, or to create documents that do not otherwise exist. See Neb. Rev. Stat. § 84-712. Although the Nebraska public records statutes provide for access to public documents, such access is not absolute. The statutes also provide for exceptions to disclosure by express and special provisions; there are 21 categories of documents that may be kept confidential from the public at the discretion of the agency involved. See Neb. Rev. Stat. § 84-712.05.

I have uploaded the current OPD policies that deal with our response to resistance, reporting and special considerations into the Muckrock portal under your request.

I have requested our Administrative Information Assistant provide some basic information regarding our use of force and discharge of firearms for the time period you have requested. Please note, incident details contain investigative and tactical information, see Neb. Rev. Stat. § 84-712.05. Information regarding specific officer information is considered personal information in records regarding personnel of public bodies, see Neb. Rev. Stat. § 84-712.07. Because of this, that information will not be released.

Once I have the information that can be released, I will upload the information into the file.

Section 84-712.03 of the Nebraska Revised Statutes may grant you the right to administrative or judicial review of this response. Please consult the statute for further information. Chief of Police Todd Schmaderer is the public employee responsible for the decision to deny a portion of your request.

If you have any questions about the legal basis for this response, please contact me at 402.444.5861.

Sincerely,
Deputy Chief Michele Bang