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41. Gary Troutman, comments on draft, Apr. 28, 1982.

42. Rita Garcia, telephone interview, Nov. 11, 1981.

43. Mark A. Williams, memorandum to George Miller, Oct. 26, 1981.

44. Omaha World-Herald, June 30, 1981.

45. Omaha World-Herald, July 2, 1981.

46. Omaha World-Herald, Aug. 11, 1981.

47. Omaha World-Herald, Aug. 20, 1981.

48. Ibid.

49. Omaha World-Herald, Nov. 13, 1981; Gary Troutman, interview in Omaha,

Dec. 9, 1981.

50. Gary Troutman, comments on draft, Apr. 28, 1982.

51. Gary Troutman, interview in Omaha, Dec. 9, 1981.

52. Mark A. Williams, memorandum to George E. Miller, Oct. 26, 1981.

53. Ibid.

54. Ibid.

55. Ibid.

56. Gary Troutman, interview in Omaha, Dec. 9, 1981.

57. Omaha World-Herald, Aug. 9, 1981.

58. Gary Troutman, comments on draft, Apr. 28, 1982.

59. Clyde Christian, telephone interview, Nov. 12, 1981; Alvin Goodwin,

telephone interview, Nov. 5, 1981; Bernice Dodd, interview in Omaha, Sept. 9,

1981; Joseph Forbes, interview in Omaha, Sept. 23, 1981; George Garnett,

interview in Omaha, Aug. 8, 1981; Sonny Foster, interview in Omaha, Aug. 8,

1981; Luke Nichols, interview in Omaha, Aug. 27, 1981.

60. Omaha World-Herald, Aug. 6, 1981.

61. Clyde Christian, telephone interview, Mar. 18, 1982.

62. Omaha World-Herald, Sept. 30, 1981.

63. Ibid.

64. Omaha Star, Oct. 8, 1981.

65. Mike Boyle, interview in Omaha, Dec. 9, 1981.

66. Fred Conley, interview in Omaha, Dec. 10, 1981.

67. James E. Fellows, letter to Thomas E. Steven, Jan. 19, 1982.

68. Jack Swanson, interview in Omaha, Dec. 9, 1981.

69. Ibid.

70. James Patterson, Marvin McClarty and Robert Dacus, interview in Omaha,

Dec. 8, 1981.

71. Gary Troutman, interview in Omaha, Dec. 9, 1981.

72. Fred Conley, interview in Omaha, Dec. 10, 1981.

73. Mary Jane Harvey, telephone interview, Nov. 13, 1981.

74. Fred Conley, interview in Omaha, Dec. 10, 1981.

75. James Patterson, Marvin McClarty, James Dacus, interview in Omaha,

Dec. 8, 1981.

76. Gary Troutman, interview in Omaha, Dec. 9, 1981.

77. U.S. Commission on Civil Rights, Who Is Guarding the Guardians? (October 1981), pp. 23-29, 32-34.

78. Lt. Raymond Sorys, inter-office communication to Coordinator Alfred

Pattavina, Jr., Oct. 7, 1981.

79. Ruth Jackson, interview in Omaha, Dec. 10, 1981.

80. James Patterson, Robert Dacus, Marvin McClarty, interview in Omaha,

Dec. 8, 1981.

81. Omaha Police Manual, Vol. I, Con. 1-0, pp. 22-23, Sept. 1981.

82. Omaha Police Manual, Vol. I, Adm. 2-1, p. 1, March 1977.

.

83. Gary Troutman, interview in Omaha, Dec. 9, 1981.

84. James Patterson, Marvin McClarty, James Dacus, interview in Omaha,

Dec. 8, 1981.

85. Gary Troutman, comments on draft, Apr. 28, 1982.

86. Marvin McClarty, James Patterson and Robert Dacus, interview in Omaha,

Dec. 8, 1981.

87. Ibid.

88. Gary Troutman, interview in Omaha, Dec. 9, 1981.

89. Marvin McClarty, James Patterson, Robert Dacus, interview in Omaha, Dec. 8, 1981. In commenting on the draft, Mr. Troutman said that the

personnel department had offered to review the tests but had no response.

However, the department believes it could be of some assistance and is ready to give assistance, Gary Troutman, comments on draft, Apr. 28, 1982.

90. Gary Troutman, interview in Omaha, Dec. 9, 1981.

91. Gary Troutman, interview in Omaha, Dec. 9, 1981 and Omaha World-Herald,

Nov. 11, 1981.

92. Gary Troutman, interview in Omaha, Dec. 9, 1981.

93. Marvin McClarty, James Patterson and Robert Dacus, interview in Omaha,

Dec. 8, 1981.

94. Gary Troutman, interview in Omaha, Dec. 9, 1981.

95. Gary Troutman, interview in Omaha, Dec. 9, 1981.

96. Marvin McClarty, James Patterson, Robert Dacus, interview in Omaha,

Dec. 8, 1981.

97. James Patterson, Robert Dacus and Marvin McClarty, interview in Omaha,

Dec. 8, 1981 and Omaha Police Manual, Vol. I, Trng 4-1, p. 1, November 1977.

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98. Omaha Police Manual, Vol. I, Trng 4-1, p. 1, November 1977.

99. National Advisory Commission on Criminal Justice Standards and Goals,

Police (1973), p. 392.

100. U.S. Commission on Civil Rights, Who Is Guarding the Guardians? (October

1981), p. 25.

101. James Patterson, Marvin McClarty and Robert Dacus, interview in Omaha,

Dec. 8, 1981.

102. Ibid.

103. Erven McSwain, interview in Omaha, Dec. 9, 1981.

104. Gary Troutman, interview in Omaha, Dec. 9, 1981.

105. Lt. Raymond P. Sorys, inter-office communication to Coordinator Alfred P.

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109. Bernice Dodd, interview in Omaha, Sept. 24, 1981.

110. Francis Smith and others, interview in Omaha, Aug. 27, 1981.

111. Alvin M. Goodwin, Jr., telephone interview, Nov. 5, 1981 and Luke

Nichols, interview in Omaha, Aug. 27, 1981.

112. Mary Larsen, interview in Omaha, Aug. 26, 1981.

113. Ibid.

CHAPTER 4

USE OF FORCE

The National Advisory Commission on Criminal Justice Standards and Goals

has stated that:

Every police agency should define situations in which force is permitted, establish a range of alternatives to its use, and restrict it to the minimum amount necessary to achieve lawful police objectives.1

Deadly Force

The importance of policies on use of force, especially deadly force, was stressed by the U.S. Commission on Civil Rights in its report on police

practices:

Clearly-defined policies and guidelines are vital in the sensitive area of police use of deadly force because an officer may not have even a few seconds in which to assess the situation and decide whether to fire. There is little opportunity to determine the nature of the offense committed, the identity and age of the suspect, the reason for his flight, or whether he is carrying a weapon. Snap judgments on these factors often lead to tragic, unnecessary shootings and loss of life. Moreover, since this is a fleeing suspect, authorizing the officer to shoot essentially makes a police officer the prosecutor, jury, sentencing judge, and executioner, all in one moment. 2

Use of firearms, deadly force, by police officers has always been a matter

of concern for minorities.

Paul Takagi, commenting in Crime and Social

Justice on the disproportionate number of black persons killed by police officers nationwide, stated that "police have one trigger finger for whites and another for blacks.113

Nebraska is one of the States which has adopted the Model Penal Code on use of force. This means that the decision to use deadly force is based on the danger presented by the actions of the suspect, not the crime committed.

This contrasts with the common law rule which allows deadly force to be used

against any person suspected of committing a felony. The problem with the

common law rule which has been codified by many States, is that today there

are many more crimes than in the past, some not dangerous, that are classified

as felonies.

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