Keywords
Police, Use-of-force, Policy, Rubber bullets, Legal analysis
Document Type
Article
Abstract
The use of less-lethal weapons such as bean bag rounds and rubber bullets has become a prominent and controversial mark of contemporary policing. Although these munitions are designed to incapacitate without resorting to deadly force, their deployment has resulted in serious injuries, fatalities, and a growing body of litigation. This article examines how federal appellate courts have addressed such cases through a systematic legal content analysis of 16 decisions issued between 1999 and 2025. Each case involved a claim under 42 U.S.C. § 1983 alleging excessive force in violation of the Fourth Amendment. The analysis considers judicial reasoning, liability outcomes, and the influence of key precedents, including Tennessee v. Garner (1985) and Graham v. Connor (1989). Results show that courts are particularly discerning when less-lethal force is used against peaceful protesters or vulnerable individuals, that liability often turns on whether the level of force was proportionate to the threat, and that the application of qualified immunity remains inconsistent across jurisdictions. These findings highlight the persistent tension between protecting officer safety, maintaining public order, and safeguarding constitutional rights. The article concludes with policy recommendations aimed at strengthening deployment standards, a call for further deescalation training, and improving accountability for the use of less-lethal weapons.
Recommended Citation
Lomenzo, Kenneth; Rosenbaum, Joshua; Cronin, Nathan; Meyers, Mason; and Hasan, Akramul
(2025)
"The Use of Less-Lethal Force by Law Enforcement: A Legal Analysis of Civil Liability Cases in the Use of Bean Bags and Rubber Bullets in Policing,"
Journal of Criminal Justice and Law: Vol. 9:
Iss.
1, Article 1.
Available at:
https://research.library.kutztown.edu/jcjl/vol9/iss1/1