Good documentation may be the one thing that saves you in the event of a lawsuit . With the number of incidents and interactions you have each day, years down the road it may be virtually impossible to recall the details of a particular event. Whether it is a medical event, use of force, unusual circumstance or simply just an effort made to reasonably accommodate an inmate request, proper documentation is key. As a mandatory reporter, documentation is also an essential part of your job duties and responsibilities . It not only represents who you are as a professional, but also reflects your agency and the profession. It is critical to know your facility’s documentation policies, and make quality documentation a priority. It provides a detailed account of the decisions and actions you made, and helps justify and articulate those decisions and actions. Remember, if you did not document it, it did not happen! Here are some documentation best practices: 1. Paint the picture. Tell the whole story – who, what, when, where, why and how. As you paint the picture in your documentation, remember your audience of judges, jury members, attorneys and the public. 2. Stay objective. Only document the facts, and don’t allow emotion to come out in your reports. Avoid opinions and, if you use them, label them as such.
5. In the beginning of your report, identify the date, the approximate time, the location and the person talking. The opening of the report should include a brief synopsis of who is talking, and what the report is about. Your timeframes should be in approximate time only, as your watch may have said something different than someone else’s.
6. Write your report in first person, using an active voice and past tense. For example, write “I applied handcuffs on inmate Anderson and he began to turn toward me,” not “Anderson then turns toward me as I’m applying cuffs.”
7. Write your report in chronological order, identifying all persons involved, all actions taken and include all follow-up actions. Don’t leave your audience guessing. For example, “I applied handcuffs on inmate Anderson and he began to turn toward me. I told inmate Anderson to turn and face the wall in front of him until instructed to move, and he complied,” or “I conducted a pat search on inmate Smith, and nothing was found.”
8. After you finish writing your report, proofread it, then have someone else proofread it. Another set of eyes may find spelling or grammatical errors you missed, or give suggestions for how something may be re-worded. Your report is your report, an accurate record of your actions; however, how it reads may be interpreted differently by someone else.
9. Make documentation a habit, and document everything. Document:
When necessary, force is used to safely and effectively control certain situations. How we document and articulate the lawful force we used is critical.
Hudson v. McMillian is a case that speaks to excessive force constituting cruel and unusual punishment under the 8th Amendment. The five-pronged Hudson test the courts use (also known as PANAM) to evaluate these cases is still critical to include in any use of force, regardless if convicted or pre-trial. The test helps the courts determine whether or not your actions were reasonable, necessary and out of good faith; or malicious, unreasonable and unnecessary:
P – Perceived threat by correctional officers
A – Any and all efforts to deescalate
N – Need for the application of force
A – Amount of force that was used
M – Medical issues, and extent of any injuries.
The supervisor who reviews your report is responsible for ensuring all five elements are clearly identified in your report:
In order for your force to be lawful, it must be objectively reasonable under the totality of circumstances.
The more you capture the totality of the circumstance, the less likely you are to be challenged in a court of law. Your report should convince practically any jury that your actions were objectively reasonable under the totality of circumstances. Again, if you didn’t document it, it did not happen.
Brandon Anderson is a police officer for the Sumner Police Department in Washington State. He has spent the last few years as a sergeant/frontline supervisor with a large regional jail in Washington. He joined the Marine Corps in 2007 and started working in corrections in 2012 at a small county jail. He has worked both indirect and direct supervision as a frontline officer and frontline supervisor. He spent two years as the training coordinator and primary TAC officer for the Corrections Officers Academy in Washington State from 2015-2017. As a Master Defensive Tactics instructor, Blue Courage instructor, Emergency Response Team instructor and Use of Force instructor, he is passionate about training and optimizing the best out of those in our profession. Brandon also provides tactical, wellness and consulting services for his business On Mission Services-LLC. Follow his blog online at onmissionservices.com.
