Fort Myers Police Department

Chief Derrick Diggs

239-321-7723

Memorandum

To: Saeed Kazemi, City Manager

From: Chief Derrick Diggs

Date: 6/5/20

RE: Campaign Zero

In response to Campaign Zero’s suggested policies, I would like to reassure you that
FMPD has these policies already in place and we train our officers continually on them
to ensure strict compliance. All FMPD policies have very recently been reviewed by the
Commission on Accreditation for Law Enforcement (CALEA) and have been deemed up
to date and examples of Law Enforcement’s Best Practices.

The Banning of Chokeholds:

G.O. 6.1 Prohibitions:
Due to the inherent risk of causing death or serious or permanent brain damage, any
maneuver or tactic that prevents blood flow to the brain or obstruction of the individual’s
airway is prohibited, except in cases where it is reasonably necessary to prevent death
or great bodily harm and all other reasonable means of defense have been exhausted.

De-escalation Techniques:
FMPD continually trains during shift briefings and at formal training sessions hosted by
other agencies; Train bi-annually during Weaponless Tactics Techniques Training, and
again during Use of Force Training; and Members of the Department go through Critical
Incident Training which also teaches the same techniques of de-escalation and peaceful
resolutions.

Warnings Before Shooting:

G.O. 6.1 Situational Response:
The U.S. Supreme Court set the standard for evaluating the reasonableness of force
used by law enforcement in Graham v. Connor, 490 U.S. 386, 396 109 S. Ct. 1865,
1872, (1989). The Court said: “The test of reasonableness under the Fourth

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Amendment is not capable of precise definition or mechanical application… However its
proper application requires careful attention to the facts and circumstances of each
particular case, including, the severity of the crime at issue, whether the suspect poses
an immediate threat to the safety of the officers or others, and whether he is actively
resisting arrest or attempting to evade arrest by flight.”

FMPD Officers are continually trained to give loud and clear verbal warnings, if possible.

Exhaust all Other Means Before Shooting:

G.O. 6.1 Situational Response:
F.S.S. 776.05: An officer need not retreat or desist from efforts to make a lawful arrest
because of active, threatened, or passive resistance. Officers must remain cognizant
that a primary law enforcement responsibility is to protect life and property. An officer
shall use only the force necessary that is objectively reasonable to effectively bring an
incident under control, while protecting the lives and property of the officer or another.

Duty to Intervene:
G.O. 6.1 Illegal Force: Duty to Intervene:
Any Officer witnessing another law enforcement officer using illegal force will intervene
to stop the illegal use of force. If necessary, the Officer witnessing the illegal use of
force will take custody of the prisoner or control of the scene. Officers witnessing the
use of illegal force by another officer will report the illegal force to their supervisor, as
soon as possible following the incident.

Ban Shooting at Motor Vehicles:

G.O. 6.1 Deadly Force Restrictions:
1. Discharging a firearm at or from a moving vehicle, except in self-defense when the
suspect is using deadly force, or in defense of another person when the suspect is
using deadly force and no other reasonable alternative was available.

2. Discharging weapons at or from a moving vehicle is generally discouraged and is

only permitted under extreme circumstances where the officer or another is under
immediate threat of deadly force, and all other reasonable alternatives have been
exhausted.

Require Comprehensive Reporting:

G.O. 6.1 Notification of Supervisor:
Officers will cause their immediate supervisor or, in the event their immediate supervisor
is not available, an on duty supervisor, to be advised immediately of any incident that
involves the use of force, injury or complaint of injury, the discharge of a firearm, or the
use of a less lethal weapon (Baton, CEW, OC, ERID). An on-duty supervisor shall
respond to the scene, unless circumstances prevent, and prepare the Supervisor’s
Report of Physical Contact Form (S.R.P.C.F.) in compliance with the S.R.P.C.F.
instruction sheet. This also applies to those officers assigned to a State/Federal or local
Task Force in any capacity.

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G.O. 6.1 Annual Review of Use of Force Reports:
Internal Affairs staff shall conduct an annual review of all S.R.P.C.F. reports to
determine if there are any patterns or trends indicating the need for training or policy
revision. The results of this review shall be provided to the Chief of Police, Deputy
Chiefs, and all Bureau Commanders in the form of an annual report.

Require Use of Force Continuum:

G.O. 6.1, Section VIII – Situational Response Model, sets forth the following Use of
Force Continuum:

Aggressive Active Passive

High Resistance Perceived Compliance
Resistance Resistance Resistance

Firm Grip
Expandable
Strikes w/ Grappling
Sidearm Baton
Hands, Fists, Escort Escort Position
Shotgun Extended Range
Knees, Feet Position Handcuffs
Rifle Impact Weapons
Aerosol Sprays Handcuffs Leg Restraints
Vehicle Specialty Impact
C.E.W. Leg
Weapons
Restraints
Strikes w/
Hands, Fists,
Lawful
Knees, Feet
Expandable Baton Strikes w/ Verbal
Pressure Point
Extended Range Hands, Fists, Orders Lawful Verbal Orders
Applications
Impact Weapons Knees, Feet Clear, Clear, Concise Verbal
Balance
Specialty Impact Aerosol Sprays Concise Commands
Displacement
Weapons C.E.W. Verbal
Takedowns
Commands
Joint
Manipulation
Strikes w/
Hands, Fists,
Knees, Feet
Firm Grip
Strikes w/ Hands, Pressure Point
Grappling
Fists, Knees, Feet Applications
Escort Position
Aerosol Sprays Balance
Handcuffs
C.E.W. Displacement
Leg Restraints
Takedowns
Joint
Manipulation
Strikes w/ Hands,
Fists, Knees, Feet
Firm Grip Lawful Verbal
Pressure Point
Grappling Orders
Applications
Escort Position Clear, Concise
Balance
Handcuffs Verbal
Displacement
Leg Restraints Commands
Takedowns
Joint Manipulation

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 Firm Grip Lawful Verbal
Grappling Orders
Escort Position Clear, Concise
Handcuffs Verbal
Leg Restraints Commands
Lawful Verbal
Orders
Clear, Concise
Verbal Commands