'Back to the George Floyd era': New IMPD deadly force policy raises concerns

INDIANAPOLIS — Starting July 1, Indianapolis Metropolitan Police and every law enforcement agency in the state will move to a new set of policies outlining when, and how, officers can use deadly force.

The reason behind the change stems from a state law passed two years ago requiring Indiana’s Law Enforcement Training Board to come up with a uniform use-of-force protocol for police agencies.

The requirement sparked much concern and debate among the board members and particularly Indianapolis’ top brass, who argued the law would undermine the agency’s revamped use-of-force rules that passed in 2020 in response to calls for police reform.

We've seen it before: New law could allow police chokeholds, undermine changes to Indy's deadly force policy

Late last year, the board passed the final policy. Police agencies cannot alter the protocol.

Here’s what will change:

Chokeholds

In 2020, the Indianapolis police department explicitly prohibited chokeholds or any other neck restraint that restricts breathing or circulation.

The new statewide policy loosens the department’s outright ban.

Under the new rules, officers cannot use a chokehold “except in situations where deadly force is allowed by law.”

Deadly force in the new rules is defined as force that creates a substantial risk of serious bodily injury.

Indianapolis police raised the most concern about this move while the policy was being created.

When officers can use deadly force

Both policies allow deadly force when an officer believes an arrestee has posed an imminent threat of death or serious bodily injury to the officer or another person.

They also articulate that deadly force is allowed when a person is under suspicion for causing serious bodily injury, though Indianapolis' previous rules more clearly outlined the circumstances.

The city's previous rules stated an "officer is justified in using deadly force ... to apprehend a fleeing person for any felony that threatened or resulted in death or serious bodily injury, if the officer reasonably believes that the person will cause death or serious bodily injury to another unless immediately apprehended.”

The new guidelines simply state officers can use deadly force to "prevent the commission of a forcible felony,” or a crime involving threats, or use, of serious injury against a person.

Both policies encourage officers to attempt de-escalation techniques before using force.

Warning shots, shooting at moving vehicles

The new state protocol is less restrictive about officers shooting at, or from, a moving vehicle.

Indianapolis police were previously prohibited from shooting in such circumstances, but any deviation would be examined “on a case-by-case basis.” The officer was also required to articulate their reasoning.

The new rules state officers should not discharge their firearm at, or from, a vehicle “except in situations where deadly force is allowed by law.”

Warning shots remain prohibited.

Duty to intervene

Officers who witness another officer using excessive force are required to intervene and report their findings to a supervisor or commanding officer.

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What police, the community think about these changes

This topic was recently discussed at the Indianapolis Metropolitan Police General Orders Board meeting on June 18, 2024. Previously closed to the public and composed solely of law enforcement officials, the board now includes civilians after the 2020 murder of George Floyd by former Minneapolis police officer Derek Chauvin.

The board passed the action item on their agenda to accept the statewide policy because according to Elaine Carter with the department, "There's really not much we can discuss on this. It is what it is."

Carter also said with the new law going into effect July 1, "Folks are changing and training to accommodate those changes because we saw them coming."

"That makes me extremely uncomfortable," said Clyde Posley, civilian leader for the board. "That takes us back to the George Floyd era. What our state has done is gone right back to Minnesota. As a public servant and a Black man it makes me very uncomfortable. This is archaic."

Although the state law would now allow law enforcement across every department to implement chokeholds, Indianapolis police officials said they were steadfast on their officers not using the restraint.

Bryan Roach, retired Indianapolis police chief, recommended matching the policy with state's wording. He emphasized the need to avoid confusion since distinguishing between "use of force" and "use of deadly force" can be challenging.

Lt. Clayton Portell explained state law says that a chokehold cuts off an airway is considered deadly force. Cutting off blood flow is not considered deadly.

"In essence, this shouldn’t change the way we operate. One is deadly force and one is not. One is pinching an artery and another is stopping airflow that cuts off oxygen to the brain versus restricting someone’s ability to breathe," Portell said.

The board is tabled discussion on the policy for its next meeting in August.

Contact IndyStar reporter Sarah Nelson at sarah.nelson@indystar.com

Contact Jade Jackson at Jade.Jackson@IndyStar.com. Follow her on Twitter @IAMJADEJACKSON

This article originally appeared on Indianapolis Star: 'Back to the George Floyd era': New IMPD deadly force policy raises concerns