Nashville's police oversight board to recommend change to MNPD use of force policy

Nashville's community oversight board is preparing to recommend a serious change to the way police file use of force reports. 

In a draft report expected to be submitted to the Metro Nashville Police Department and Metro Council later this month, the board recommends officers file a use of force report anytime they use only their hands to grab or restrain a person.

Currently, the department only requires reports for hand tactics used to control a person when they lead to an injury or there is an allegation of an injury. 

Officers also must file force reports when they use other more brutal arrest tactics, like striking a person with their hands or feet, or using weapons like a taser, tear gas or gun. 

The hand tactics in question, called soft empty-hand control, can include when officers grab a person using pressure points or even a controlled takedown, according to the police department's manual. 

The oversight board's recommendation said 24 of the 50 largest police departments in the United States require the reporting of this technique no matter the outcome. 

The recommendation follows a similar one made last year by Nashville Mayor John Cooper's policing policy commission, which called for a use of force form anytime there is physical contact between an officer and civilian. 

How often do MNPD officers use soft empty-hand techniques?

Between January 2017 and October 2021, Nashville police officers filed 3,126 use of force reports. Of those filed, 451 were about soft empty-hand techniques leading to injuries, according to the department's dashboard. 

But the total number of soft empty-hand techniques used is likely much higher, according to the oversight board's recommendation. An analysis of other police departments, which require a report every time, shows Nashville police could be underreporting hand tactics used in arrests by between 15-30%. 

"A policy requiring the documentation of all uses of physical force allows the department to manage risk and liability while accurately communicating to the public the number and circumstances of incidents where officers use force," the report said. 

What are the recommendations?

The report recommends that MNPD require officers to report to their bosses every time they use soft empty-hand techniques to overcome a resisting suspect. The recommendation is to start tracking this on Jan. 1. 

The report then recommends MNPD create a new form about the use of the hand tactics when they doesn't reach the level of the traditional use of force report.

The board's third and final recommendation is for the Metro Council to pass an amendment to the city code for tracking and distributing information about the use of hand tactics in arrests. 

A sample amendment provided by the board for potential passage would require MNPD to post quarterly and annual use of force reports on its website and send them to the Metro Council and executive director of the oversight board. 

Adam Friedman is The Tennessean’s evening reporter covering breaking news, crime, cops and a little bit of everything else. If you have a news tip, he wants it. Email him at afriedman@tennessean.com or call him at 731-431-8517.