Pepper spray is commonly considered a “less lethal” means of subduing a resistant suspect. However, exposure to pepper spray and capsaicin, its active ingredient, can cause significant health issues for some, including difficulty breathing, loss of consciousness, or severe injuries to the eyes or skin. Because of these dangers, police officers are required to reasonably consider five factors when deciding to use pepper spray on a suspect. Known as the “Graham Factors,” these considerations were created from Graham v. Connor, a 1989 U.S. Supreme Court case in which the Court decided an objective reasonableness standard should be applied for excessive use of force claims.

A knowledgeable pepper spray injury attorney could explain in further detail the Graham Factors for police use of pepper spray.

The Five Factors that Justify the Use of Pepper Spray

Objective reasonableness suggests the decision to use pepper spray in a specific circumstance was one that any reasonable police officer would likely have made in the same situation. The acronym STARE lists the five Graham Factors that must be considered before police use pepper spray. Law enforcement must evaluate:

• S: The severity of the crime that the suspect is being investigated for
• T: Threat to the safety of the officer or others that is posed by the suspect
• A: Active behavior by the suspect
• R: Resistance to the officer’s instructions
• E: Evasion of arrest by the suspect

The immediacy of the threat posed by the suspect toward the officer and others at or near the scene is most commonly considered the most important of the five factors an officer must take into account. Officers are also required to decontaminate the suspect as soon as possible after the use of pepper spray to avoid ongoing exposure to the chemical.

The Significant Health Risks Involved with Pepper Spray

The most common effects of pepper spray exposure include swelling of the eyes, nose, and throat. Exposed individuals may experience coughing and difficulty breathing, as well as a burning sensation on the skin. Some people who have come in contact with the spray may also experience psychological effects such as hyperventilation and anxiety. Generally, these reactions last about half an hour.

However, for some people, the effects of pepper spray exposure cause more significant issues, particularly if they have underlying health conditions. For example, individuals with asthma or chronic obstructive pulmonary disease (COPD) may experience more severe breathing difficulty and could even lose consciousness. Likewise, those with pre-existing heart conditions may suffer arrhythmias or cardiac arrest after pepper spray has been deployed. The graham factors for pepper spray use by law enforcement were created in part to protect against the sometimes unnecessary and potentially dangerous effects of pepper spray.

Contact Us for More Info About the Graham Factors for Law Enforcement Use of Pepper Spray

An individual who suffered significant health problems after being exposed to pepper spray may wonder who is liable for the financial and psychological costs of the harm they experienced. While the first thought may be the police officer who used the pepper spray, it is often the manufacturer of the product who bears responsibility for pepper spray injuries. Many manufacturers of pepper spray fail to disclose the product’s risks on the packaging, as they are required to do with any type of product made available to consumers.

If you were injured by police use of pepper spray, an experienced pepper spray attorney from AW Smith Law could help you understand your legal options. To explore the steps available for compensation and to learn more about the Graham Factors for police use of pepper spray, contact our firm and schedule a free case evaluation.