C0 OQ DA We ww

10

Case 3:16-cv-07222-SK Document 82-12 Filed 01/14/19 Page 14 of 16

RESPONSE TO REQUEST NO. 31:

Objection(s): Defendant objects on the grounds that the demand seeks documents that may
include confidential police department internal investigation material and/or police officer personnel
files. Therefore, defendant objects to this request on the grounds that it seeks information and/or
material which are privileged pursuant to Federal Rules of Evidence 501, the Federal Common Law
Privilege for official information and “self critical analysis”, the physician-patient privilege,
psychotherapist-patient privilege, the right of privacy under Federal and California law, and
pursuant to California Penal Code Sections 832.5, 832.7, and California Evidence Code Sections
1040 ef seg. Defendant further objects on the ground that the request seeks information and/or
materials which are irrelevant and not reasonably calculated to lead to the discovery of admissible
evidence in this action. Defendant also objects on the grounds that the demand is overbroad and
unduly burdensome. Plaintiff's request also seeks privileged records defendant will only produce

subject to a Stipulation for Protection of Documents and Protective Order, or subject to an in camera

review of said records by the Court.

Dated: July 18, 2017 MICHAEL LAWSON, City Attorney

Raynor R Rollan, Deputy City Attorney,
AttofneysYor Defendants City of Hayward,

Nelson v. the City of Hayward -2I- Defendant’s Response to Plaintiff's Request For
USDC Case No. CV-07222-SK Production of Documents



Case 3:16-cv-07222-SK Document 82-12 Filed 01/14/19 Page 5 of 16

Hayward Police Department
Policy Manual

Use of Force

300.32 FACTORS USED TO DETERMINE THE REASONABLENESS OF FORCE
Whendetermining whether to apply force and evaluating whether an officer has used reasonable
foce,a number of factors should be taken Into consideration, as time and circumstances permlt.
These factors may Include, but are not limited to:

(8 tmminency and severity of the threat to the officer or others.

(t) The conduct of the Individual being confronted, as reasonably percelved by the officer at
the time.

(co) Officer/subject factors (age, size, relative strength, skill level, Injuries sustained, level of
exhaustion or fatigue, the number of officers available vs. subjects).

(d) The effects of drugs or alcohol.

(e} Subject's mental state or capacity.

(f) Proximity of weapons or dangerous Improvised devices.

(9) Thedegree to which the subject has been effectively restralned and his/her ability to resist
despite belng restrained.

- (0) The availablity of other options and thelr possible effectiveness.

(l) Seriousness of the suspected offense or reason for contact with the individual.

() Training and experience of the officer.

(k) Potential for Injury to officers , suspects and others.

() Whether the person appears to be resisting, attempting to evade arrest by flight or Is
altacking the officer.

(m) Therisk and reasonably foreseeable consequences of escape.

(n) Theapparent need for Immediate control of the subject or a prompt resolution ofthe situation.

(0) Whether the conduct of the individual being confronted no longer reasonably appears fo
pose an Imminent threat to the officer or others.

(Pp) Prior contacts with the subject or awareness of any propensity for violence.

(q) Any other exigent circumstances.

300.3.3 PAIN COMPLIANCE TECHNIQUES

Pan compliance techniques may be effective in controlling a physically or actively resisting

Individual, Officers may only apply those pain compliance techniques for which they have

suscessfully completed Department-approved training. Officers utlllzing any pain compliance ~

technique should consider:
(a) The degree to which the application of the technique may be controlled given the level of
resistance.

Adoption Date: 2015/08/03 Respo
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Response to Nelson's RFPDS1 - 000488


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Hayward Police Department
Pollcy Manual

Use of Force

areas Involving visible injury or complaint of pain, as well as overall photographs of uninjured
areas. In cases where there Is no complaint of or visible Injury, photographs shall still be
taken of uninjured areas of the suspect. These photographs should be retained unt all
potential for civil litigation has expired.

(@) Identify any witnesses not already included in related reports.

(@) Review and approve all related reports.

(| Determine If there Is any indication that the subject may pursue clvil ligation, the supervisor
should complete and route a notification of a potentlal clam through the chaln of command.

(9) Evaluate the circumstances surrounding the Incldent and initlate an administrative
Investigation if there is a question of policy non-compliance or If for any reason further
Investigation may be appropriate,

Inthe event that a supervisor Is unable to respond to the scene of an Incident Involving the
reported use of force, the supervisor Is still expected to complete as many of the above items as
cloumstances permit.

30.7.1. WATCH COMMANDER RESPONSIBILITY
The Watch Commander shall review each use of force by any personnel within his/her command
toensure compllance with this policy and to address any training issues,

30.7.2 ADMINISTRATIVE LEAVE PENDING REVIEW

Inthe event the application of force or other employee action(s) result in serious bodily injury oF
death, the employee(s) diractly Involved may be glven pald administrative leave and it shall be
thoresponstbllity of the Watch Commander to make schedule adjustments to accommodate such
leave. The Chief of Police or Division Commander of the affected employee(s) will determine the
appropriateness and duration of mandatory administrative leave, based upon the findings of the
prilminary criminal/administrative investigation and the recommendation of the psychotherapist
regarding the officer's readiness for fleld assignment. Generally, the length of administrative leave
shall not exceed the time remaining in the employee's current scheduled work week. An employee
my request additional administrative leave time subject to approval of the Chief of Police or
affected Division Commander(s), based upan Information provided to establish the need to grant
the request.

The officer(s), upon being placed on administrative leave, will automatically be temporarily
assigned to the Personnel and Training Administrator for the duration of the administrative leave.

Duing this time, the officer(s) shall maintain regular contact with the Personnel and Training
Administrator. Regular contact will consist of once per week, unless other arangements are
approved or requested by the affected Division Commander(s). While the employee Is off, thelr
payroll hours will revert to Monday through Friday, 8:00 am to 4:00 pm. Each employee will also
beexpected to remain avallable to the Department by phone during those hours.

Use af Farce - 77

Adoption Date: 2016/08/03 Ri
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Response to Nelson's RFPDS1 - 000493


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Hayward Police Department
Policy Manuel

Useof Fore

304 DEADLY FORCE APPLICATIONS

Use of deadly force Is Justified In the following circumstances:

@) Anofticermay use deadly force to protect him/herself or others from whathelshe reasonably
belleves would be an imminent threat of death or serious bodlly Injury.

() An officer may use deadly force to stop a fleeing subject when the officer has probable
cause to belleve that the person has committed, or Intends to commit, a felony involving the
Infliction or threatened infliction of serious badily Injury or death, and the officer reasonably
believes that there Is an Imminent risk of serious bodily Injury or death to any other person
if the subject Is not Immediately apprehended. Under such circumstances, a verbal warning
should precede the use of deadly force, where feasible,

Inaminent does not mean Immediate or Instantaneous. An imminent danger may exist even
If the suspect Is not at that very moment pointing a weapon at someone. For example, an
Imminent danger may exist if an officer reasonably believes any of the following:

1, The person has a weapon or Is attempting to access one and It Is reasonable to
belleve the person intends to use it against the officer or another.

2. The person (s capable of causing serious bodily injury or death without a weapon
and it is reasonable to belleve the person Intends to do so,

300.41 SHOOTING AT OR FROM MOVING VEHICLES

Stotsfired at or from a moving vehicle are rarely effective. Officers should consider moving out of
the pathy of an approaching vehicle instead of discharging their firearm at the vehicle or any of Its
octupants. An officer should only discharge a firearm at a moving vehicle or its occupants when
the offcer reasonably believes there are no other reasonable means available to avert the threat
ofthe vehicle, or if deadly force other than the vehicle Is directed at the officer or others.

Oficers should not shoot at any part of a vehicle in an attempt to disable the vehicle.

300.42 WARNING AND OTHER SHOTS
Generally, waming shots or shots fired for the purpose of summoning aldare| discouraged and may
not be discharged unless the officer reasonably belleves that they appear necessary, effective

and reasonably safe.

30.4.3 DESTRUCTION OF ANIMALS
Oficers are authorized to use firearms to stop an animal in circumstances where the animal

reasonably appears to pose an Imminent threat to human safety and alternative methods are not
reasonably available or would likely be ineffective.

In clreumstances in which officers have sufficient advance notice that a potentially dangerous
arin almay be encountered, officers should develop reasonable contingency plans for dealing with
the animal (e.g., fire extinguisher, ECD, oleoresin capsicum (OC) spray, animal control officer).
Nothing in this policy shall prohibit any officer from shooting a dangerous animal if clrcumstances
reasonably dictate that a contingency plan has falled or becomes impractical.

Van afEnene - 7A

Adtption Date: 2016/08/03
© 186520 18 Lexpal, LLC Respoh

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Response to Nelson's RFPDS1 - 000490


Case 3:16-cv-07222-SK Document 82-12 Filed 01/14/19 Page 6 of 16

Hayward Police Department
Pollcy Manual

Use of Force

{t) Whether the person can comply with the direction or orders of the officer.

The application of any paln compliance technique shall be discontinued once the officer
datermines that compliance has been achleved.

300.34 CAROTID CONTROL HOLD
‘The proper application of the carotid control hold may be effective In restraining a violent or

combative individual. However, due to the potential for injury, the use of the carotid control hold

Issubject tothe following:

(2) The officer shall have successfully completed Depariment-approved tralning In the use and
application of the carotid control hold.

() The carotid contro! hold may only be used when circumstances perceived by the officer at
the time Indicate that such application reasonably appears necessary to control a person In
any ofthe following elrcumstancgs:

1. The subject Is violent or physically resisting.
2. The subject, by words or actlons, has demonstrated an Intention to be violent and
reasonably appears to have the potentlal to harm officers, him/herself or others,

() The application of a carotid control hold on the following Individuals should generally
be avolded unless the totality of the circumstances indicates that other avallable options

* easonably appear ineffective, or would present a greater danger tothe officer, the: ‘subjector
others, and the officer reasonably believes that the need to control the individual outweighs

the risk of applying a carotid control hold:
1, | Females who are known to be pregnant.
2. — Elderly Individuals.

3. Obvious juveniles. 7

(@ Any individual who has had the carotid control hold applied, regardless of whether he/
she was rendered unconscious, shall be promptly examined by paramedics or other
qualified medical personnel and should be monitored until examined by paramedics or other
appropriate medical personnel,

()  Theofficer shall inform any person receiving custody, or any person placed In a position of
providing care, that the Individual has been subjected to the carotid control hold and whether
the subject lost consclousness as a result.

(f)  Anyofficer attempting or applying the carotid control hold shall promptly notify a supervisor
of the use or attempted use of such hold.

(g}_ Theuse or attempted use of the carotid control hold shall be thoroughly documented by the
officer In any related reports.

Hom bE nen 74

Adoption Date: 2016/08/03 Respol
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Hayward Police Department
Polloy Manual

UseofFore

shalllbeln the form of a memorandum to the employee's Division Commander through thelr chain
d command. The employee's supervisor will Investigate the Incident In accordance with Polley
Marwal § 1020 and forward a written memorandum to the employee's Division Commander. A
Uses of Forcs Review may convene, as described in section § 300.8, This section shall only apply
todllscharges where no person Is injured,

00.6 MEDICAL CONSIDERATION
Porto booking or release, medical assistance shall be obtained for any personwho exhibits signs

ofp hysical distress, who has sustained visible Injury, expresses a complaint of Injury or continuing
pint, or who was rendered unconscious. Any Individual exhibiting signs of physical distress after
@n encounter should be continuously monitored until he/she canbe medically assessed.

Based upon the officer's initlal assessment of the nature and extent of the subject's injuries,
medical assistance may consist of examination by fire personnel, paramedics, hospital staff or
medical staff at the Jall. If any such Individual refuses medical attention, such a refusal shall be
fuly documented in related reports and, whenever practicable, should be witnessed by another
oficer eand/or medical personnel. If a recording is made of the contact or an Interview with the
Indlvidual, any refusal should be Included In the recording, If possible,

Tie on-scene supervisor, or If not avaliable, the primary handling officer shall ensure that any
person providing medical care or recelving custody of a person following any usé of force Is
inormed that the person was subjected to force. This notification shall include a descriptton of the
fore used and any other circumstancas the officer reasonably believes would be potential safety
ormedical risks to the subject (e.g., prolonged struggle, extrame agitation, Impaired respiration).

Persons who exhibit extreme agitation, violent irrational behavior accompanied by profuse
sheaiing, extraordinary strength beyond thelr physical characteristics and Imperviousness to pain
(sorrvetimnes called “excited delirium"), or who require a protracted physical encounter with multiple
oficers to be brought under control, may be at an Increased risk of sudden death. Calls Involving
these persons should be considered medical emergencies, Officers who reasonably suspect a
medical emergency should request medical assistance as soon as practicable and have medical

personnel stage away if appropriate.

300.7 SUPERVISOR RESPONSIBILITY
Wena supervisor is able to respond to an incident in which there has been a reported application

oflorce, the supervisor |s expected to:

(@) Obtain the basic facts from the involved officers, Absent an allegation of misconduct or
excessive force, this will be considered a routine contact In the normal course of duties.

(b) Ensure that any Injured parties are examined and treated.

(©) In allcases of reportable use of force , supervisors shall ensure that photographs are taken
of both injured and uninjured areas. in cases where Initial medical assessment has been
completed or first ald has been rendered, ensure that photographs have been taken of any

+--+. Useol Force = 78.

RESPO. eae ere en Cue

‘Adption Date: 2016/08/03
© 9952015 Lexipol, LLC

NELSON v. CITY OF HAYWARD - COH's
Response to Nelson's RFPDS1 - 000492


Case 3:16-cv-07222-SK Document 82-12 Filed 01/14/19 Page 1 of 16

NELSON V. CITY OF HAYWARD
Case No. cv-07222-SK

Exhibit 12


Case 3:16-cv-07222-SK Document 82-12 Filed 01/14/19 Page 12 of 16

Hayward Police Department
Pollcy Manual

Useof Force

(t) The reviewing supervisor shall complete a Blue Team Use of Force ently based on the
Information contained In the police reports, including, but not IImited to, the names of the
employee(s) involved, the names of the Person(s) who force was used on, the resistance
offered or employed by the resisting person(s), the reason for the use of force, the type of
force used and whether or not the force used was effective in overcoming the resistance
Presented, Injurles sustained by any party, the location, date, time, and report number
assigned to the incident.

1. If, In the opinion of the reviewing supervisor the use of forca was reasonably
necessary given the facts and circumstances, the Blue Team entry will be forwarded
to thelr manager.

2. If, In the opinian of the reviewing supervisor the use of force was not reasonably
necessary given the facts and circumstances, the reviewing supervisor shall forward
the reports to the appropriate manager for review and any necessary action,

() The reviewing supervisor shall forward the Completed Blue Team entry to thelr manager
who shall compare the Blue Team entry with the police Feports to ensure that alll tems are
accurately reported.

1. If, Inthe opinion of the reviewing manager, the Blue Teamentry is complete and the
use of force was reasonably necessary given the facts and circumstances, the Blue
Team entry will be forwarded to the Intemal Affairs Unit,

2. If, In the opinion the reviewing manager, the force used was not reasonably
necessary given the facts and circumstances, the reviewing manager shall forward
the reports to the appropriate Division Commander for raview and any necessary
action.

(d) Once received by the internal Affairs Unit, the Blue Team entry and the police reports will
be reviewed and If the force was reasonably necessary given the facts and clrcumstances,
the Incident will be designated "within policy" and closed.

1. If, upon review by the Internal Affairs Unit, there is a question as to the
teasonableness of the force used, the reports will be forwarded to the ‘appropriate
Division Commander for review and any necessary action,

300.00 ADMINISTRATIVE REVIEW
Allre ported applications of force shall be documented and reviewed according to the procedures

deteloped by the Intemal Affairs Unit undar the direction of the Chief of Pollce, The internal Affairs
UntLieutenant Is responsible to provide an annual report and analysis of use of force to the Chief _
of Police during the month of January for the preceding calendar year.

30011 REVISIONS
Enacted: December 17, 2007

Revised: August 19, 2008

Adgplion Date: 2016/08/03
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Response to Nelson's RFPDS1 - 000495


Case 3:16-cv-07222-SK Document 82-12 Filed 01/14/19 Page 11 of 16

Hayward Police Department
Policy Manual

Uses of Force

lari employee has been on administrative leave for six months or longer, that employee must
report to the Personnel and Training Office to ensure all policy and/or tralning mandates and
Weapons qualifications have been met prior to returning to full duty.

M0.8 TRAINING
Oficers will receive periodic training on this policy and demonstrate thelr knowledge and

understanding.

310.9 USE OF FORCE REVIEW
The Hayward Police Department objectively reviews and evaluates all reportable uses of force.

300.91 USE OF DEADLY FORCE REVIEW
The Hayward Police Department will convene an In-house panel to review all reportable uses of

deaclly force by an employee, whether on-duty or off-duty, that results in Injury ordeath toa person.
‘The panel also reviews the circumstances surrounding all fleld related accidental or Intentional
discharges of firearms whether the employes Is on-duty or off-duty.

The review shall be based upon those facts which were reasonably belleved by the officer at
the time of the incident, applying legal requirements, Department pollcy and procedures, and
approved tralning to those facts. Facts later discovered but unknown to the officer atthe time, can
neither Justify nor call into question an officer's decision regarding use of force.

The panel shall be comprised of the following members:

(2) Members of Command Staff.

(b) At feast one Heyward Pollce Department use of force Instructor.

(c) At the request of the involved employee, a representative of the employee's bargaining unit.
(o) Anyother persons deemed appropriate by the Chief of Police,

The Commander of the Division of the Involved employee shall serve as the chairperson of the
panel.

The pane''s findings shall be by consensus and Is limited to a determination of whether the use of
deaclly force was within Departmental policy and procedure or in violation of Deparimental policy

and procedure,
The panel chairperson shall forward the findings of the panel to the Chief of Police for review.

300.92 USE OF NON-DEADLY FORCE REVIEW
The Hayward Police Department reviews all reportable uses of non-deadly force by employees of

the Department. The review process Is as follows:

{a} Reviewing supervisors are to ensure that all reportable uses of non-deadly force are
described thoroughly, completely, and accurately In the police report and supplemental
teports that document the Incident.

t Force - 78,
‘Adoption Date: 2048/08/03 f MIE ARE. Ars ar travian BR FORA E_
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Response to Nelson's RFPDS1 - 000494


Case 3:16-cv-07222-SK Document 82-12 Filed 01/14/19 Page 8 of 16

Hayward Police Department
Policy Manual

Use of Force

3004.4 INJURED ANIMALS

§ 597. 1(b)). Injured dogs and cats found without their owners shall be taken to an appropriate
veterinarian for determination of whether they should be treated or humanely destroyed.

300.5 REPORTING THE USE OF FORCE

Any reportable use of forca by a member of this Department shall be documented Promptly,
completely and accurately In an appropriate report, depending on the nature of the ineldent. The
oficer should articulate the factors percelved and why he/she believed the usé of force was
feason able under the circumstances. To Collect data for purposes oftralning, resource allocation,
analysis and related purposes, the Department tay require the completion of additional report
forms, 28s pecified in Department policy, procedure or law, Alll reportable use of force byamember
ofthis Department shall be documented via Photographic evidence, regardless of complalnt of or
ville injury. Both Injured and uninjured areas shall be Photographed In all cases of reportable
use of fore,

300.51 REPORTABLE USE OF FORCE DEFINED
Reportable uses of force will be Properly documented and a ‘supervisor will make a Blue Team

entry in any of the following circumstances:
(@) Theapplication caused a visible Injury.

() The individual subjected to the force complained of injury or continuing pain,

(ct) Anyaccidental or intentlonal discharge of a firearm, as described in section §300.5.2,

(@ Any application or display of a CEW or contro! device,

(9) Anyapplication of a carotid restraint.

() Anyapplication of e restraint davice other than handcuffs, shackles or belly chains,

(9) The individual subjected to the force was rendered unconscious,

(h) An Individual wes taken down, struck or kicked,

() An individual alleges any of the above has occurred,

Swernisory notification shall be made &8 soon as practical following the application of any

reportable force. _

3015.2 REPORT OF ACCIDENTAL OR UNINTENATIONAL WEAPON DISCHARGE

Any member who discharges thelr weapon accidentally or unintentionally on or off-duty, shall
make a verbal report to the on-duty Watch Commander or supervisor as soon as circumstances
pemit and shall file a written report with thelr Division Commander prior to the end of shift if
Onduty and If off-duty, as directed by the Watch Commander or Supervisor, This written report

Vow af Enon 7e

Adoption Date: 2015/08/03
© 1805-2015 Lexipol, LLC Respo

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Response to Nelson's RFPDS1 - 000491


Case 3:16-cv-07222-SK Document 82-12 Filed 01/14/19 Page 4 of 16

Hayward Police Department
Polley Manual

Use of Force

be knowledgeable of and Issued coples of all relevant Departmental Use of Force policias before
being authorlzed to carry lethal and less lethal weapons.

0.2.1 DUTY TO INTERCEDE

Any officer presentand observing another officer using force that they believe |s beyond that which
'sobjectively reasonable under the circumstances shall, whan In a position todo so, Intercede to
prevernt the use of unreasonable force. An officer who observes another employes use force that
thay believe exceeds the degree of force permitted by law shall promptly reportthese observations

(0 supervisor.

$0.3 USEOF FORCE
Officarss shall use only that amount of force that reasonably appears necessary given the facts

and crcunrstances percelved by the officer at the time of the event to accomplish a legitimate law
enforcement purpose.

The massonableness of force will be Judged from the perspective of a reasonable officer on the
sceine extthe time of the incident. Any evaluation of reasonableness must allow for the fact that,
oflcers ate often forced to make split-second decisions about the amount of force that: reasonably
‘app ©ar's necessary In a particular situation, with limited information andin circumstances that are
tse, Uncerain and rapldly evolving.

Gven that no policy can realistically predict every possible situation an officer might encounter,
oficers are entrusted to use well-reasoned discretion In determining the appropriate use of force
inezach Incident,

t's dso recognized that circumstances may arise In which officers reasonably belleve that It
would bse impractical or Ineffective to use any of the tools, weapons or methods provided by the
Diparinnent. Officers may find It more effective or reasonable to improvise thelr response to rapidly
nfo diag conditions that they are confronting. in such circumstances, the use of any Improvised
devics Ormelhod must nonetheless be reasonable and utllized only to the degree that reasonably
appears necessary to accomplish a legitimate law enforcement purpose.

Vite the ullmate objective of every law enforcament encaunter Is to avoid or minimize Injury,
nothing inthis policy requires an officer to retreat or be exposed to possible physical Injury before

applying reasonable force.

300.31 USE OF FORCE TO EFFECT AN ARREST

Any peace officer may use reasonable force to effect an arrest, to prevent escape or to overcome
resistance. A peace officer who makes or attempts to make an arrest need not retreat or desist
from his/her efforts by reason of resistance or threatened resistance on the part of the person
bengarrested; nor shall an officer be deemed the aggressor or lose his/her right to self-defense
bythe use of reasonable force to effect the arrest, prevent escape or to overcome resistance

(Porral Code § 835),

. Use.of Force - 71

Attptlon Deto: 2015/08/03
© 18952015 Lexlpdl, LLC Respol

NELSON v. CITY OF HAYWARD - COH's

Response to Nelson's RFPDS1

- 000487


o PND HW BF WN TK

BP NYP YP YPN NN Ye Bee Be ewe ee Be LL
ey DH RB NS = SO we AA ARE AH AS

Case 3:16-cv-07222-SK Document 82-12 Filed 01/14/19 Page 15 of 16

MICHAEL S. LAWSON (SBN 048172)
City Attorney

RAYMOND R. ROLLAN (SBN 304548)
Deputy City Attorney

CITY OF HAYWARD

777 B Street, 4th Floor

Hayward, CA 94541-5007

Tel: (510) 583-4458

Fax: (510) 583-3660

Attorneys for Defendants
The City of Hayward,

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

ROY NELSON III, successor-in-Interest to
Decedent ROY NELSON; ORENELL
STEVENS, individually,

Plaintiffs,
v.

CITY OF HAYWARD, a municipal
corporation; and DOES 1-50, inclusive,
individually and in their official capacity as
police officers for the City of Hayward

Defendants.

Case No: CV-07222-SK
PROOF OF SERVICE

Proof of Service



Case 3:16-cv-07222-SK Document 82-12 Filed 01/14/19 Page 3 of 16

Policy : Hayward Police Department
3 0 1) Policy Manual 7

Use of Force

300.1 PURPOSE AND SCOPE

This policy provides guldelines on the reasonable use of force. While there Is no way to specify
the exact amount or type of reasonable force to be applied In any situation, every member of
this Department is expected to use these guidelines to make such dacisions ina professional,

impartial and reasonable manner.

90.1.4 ACCREDITATION STANDARDS
This section pertains to the following CALEA Standards: 1.2.2, 1.3.1, 1.3.2, 1.3.4, 1.3.5, 1.3.6,

13.7, 1.3.8, 1.3.13, 52.2.7 .

00.12 DEFINITIONS
Definitions related to this policy Include:

Deady Force - Force reasonably anticipated and likely to cause serious Injury or death,

Sorfous Bodily Injury - means a serlous Impairment of physica! condition, including, but not
Imtted to, the following: loss of consclousness; concussion; bone fracture; protracted loss or
Inpaaiment of function of any bodily member or organ; a wound requiring extensive suturing; and
sttlous disfigurement. (Penal Code § 243(f)(4))

Foree- The application of physical tachniques or tactics, chemical agents or weapons to another
person. It is not a use of force when a person allows him/herself to be ‘searched, escorted,
hancouffed or restrained.

Rea sorvable Belief - The facts or circumstances the officar knows, or should know, are such as to
calssean ordinary and prudent person to act or think in a similar way under similar circumstances.

300.2 POLICY
‘The use of force by law enforcement personnel Is a matter of critical concer, both to the public

and tothe law enforcement community. Officers are invalved on a dally basis In numerous and
vaied Interactions and, when warranted, may use reasonable force In carrying out thelr duties.

Oficeis must have an understanding of, and true appreciation for, their authority and limitations.
Ttis 's especially true with respect fo overcoming resistance while engaged in the performance

oflawenforcement dutles,

The Department recognizes and respects the value of all human life and dignity without prejudice

toanyone. Vesting officers with the authority fo use reasonable force and to protect the public

weffeare requites monitoring, evaluation and a careful balancing of all interests. _

As granted in Penal Code § 830.1, Officers are given the legal authorlty to carry and use
weapons by this agency In the performance of their duties. In carrying and using weapons, officers
must abide by Departmental pollcy as It relates to guidelines and parameters, Officers will be
Instructed and show proficiency in the use of all authorized lethal and less letlial Weapons and

eo af area» 70

Adiption Date: 2015/08/03 =
© 18952016 Lexipol, LLC

NELSON v. CITY OF HAYWARD - COH's
Response to Nelson's RFPDS1 - 000486


Co Om IY DH BR WwW DH HY

Nw NNN NY NNN DN He Ye we Boe ee eB
eYIAGO FON X FS FCerRAAaADREBOaARAS

Case 3:16-cv-07222-SK Document 82-12 Filed 01/14/19 Page 2 of 16

MICHAEL S. LAWSON (SBN 048172)
City Attorney

RAYMOND R. ROLLAN (SBN 304548)
Deputy City Attorney

CITY OF HAYWARD

777B Street, 4th Floor

Hayward, CA 94541-5007

Tel: (510) 583-4458

Fax: (510) 583-3660

Attorneys for Defendants
The City of Hayward,

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

ROY NELSON III, successor-in-Interest to
Decedent ROY NELSON; ORENELL
STEVENS, individually,

Plaintiffs,
v.

CITY OF HAYWARD, a municipal
corporation; and DOES 1-50, inclusive,
individually and in their official capacity as
police officers for the City of Hayward

Defendants.

Case No: CV-07222-Sk

DEFENDANT’S RESPONSE TO
PLAINTIFFS’ REQUEST FOR
PRODUCTION OF DOCUMENTS

PROPOUNDING PARTY: _ Plaintiff, ORENELL STEVENS

RESPONDING PARTY: Defendant, CITY OF HAYWARD

SET NUMBER: ONE

Defendant, CITY OF HAYWARD, responds to the Requests for Production, propounded

herein by Plaintiff, ORENELL STEVENS. It should be noted that this Responding Party has not

fully completed investigation of the facts related to this case, has not fully completed discovery in this

action and has not completed preparation for trial. All of the answers contained herein are based only

Nelson v. the City of Hayward.
USDC Case No. CV-07222-SK

Defendant’s Response to Plaintiff's Request For
Production of Documents.



Case 3:16-cv-07222-SK Document 82-12 Filed 01/14/19 Page 13 of 16

Hayward Police Department
Polley Manual

Use of Force

Revised: February 18, 2009
Revised: May 9, 2009
Revised: July 34, 2009
Revked: February 7, 2010
Ravisezd: April 27, 2010
Reviied: August 13, 2010
Revised: March 16, 2011
Revisecd: April 25, 2012
Revised: Apiil 9, 2013
Roviseed: July 9, 2013
Revisect: April 22, 2014
Revisecd: August 1, 2014

Adoplion Dats: 2016/08/03
© 1995-2015 Lexipol, LLC

NELSON v. CITY OF HAYWARD - COH's
Response to Nelson's RFPDS1 - 000496


Case 3:16-cv-07222-SK Document 82-12 Filed 01/14/19 Page 16 of 16

PROOF OF SERVICE

I am employed in the County of Alameda, State of California. I am over the age of 18
years and not a party to the within action. My business address is 777 B Street, 4th Floor,

Hayward, California 94541-5007.

On July 18, 2017, I served the document(s) described as:

e DEFENDANT’S RESPONSE TO PRODUCTION OF DOCUMENTS
PROPOUNDED BY PLAINTIFF ORENELL STEVENS

on the interested parties in this action by placing a true copy thereof enclosed in a sealed
envelope, addressed as follows:

JOHN L. BURRIS, Esq.

ADANTE D. POINTER Esq.
MELISSA C. NOLD, Esq.

LAW OFFICES OF JOHN L. BURRIS
Airport Corporate Centre

7677 Oakport Street, Suite 1120
Oakland, CA 94621

[X] (BY US. MAIL) I am readily familiar with this business’ practice for collection and
processing of correspondence for mailing, and that correspondence will be enclosed in a sealed
envelope with postage fully prepaid and deposited with the U.S. Postal Service on the date herein
above in the ordinary course of business at Hayward, California.

0 (STATE) Under the laws of the State of California.

[X] (FEDERAL) I declare that I am employed in the office of a member of the bars of this
Court at whose direction the service was made

I declare under penalty of perjury, under the laws of the State of California, that the
foregoing is true and correct. Executed on July 18, 2017, atHaywafd, California.

Vita

Morgan Cahee

Proof of Service