81-1414.16. Law enforcement officer; chokehold prohibited; carotid restraint control hold prohibited; exceptions; report required.

230 words·~1 min read·/ne/chapter-81/81-1414-16

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Except when the use of deadly force is authorized, a law enforcement officer shall not intentionally use a chokehold on any person.

(2)A law enforcement officer shall not intentionally use a carotid restraint control hold on any person unless:

(a)Either:

(i)The officer reasonably believes that the person will otherwise cause death or serious bodily injury to any person, including a law enforcement officer or noncertified conditional officer;

(ii)The person is actively resisting arrest in a manner that poses a risk of bodily injury to the officer or any other person; or

(iii)Deadly force is otherwise authorized; and

(b)The officer has been trained on the use of such hold.

(3)Following use of a carotid restraint control hold, a law enforcement officer shall create a report of the incident that articulates in detail the events leading to and following the use of such hold.

(4)For purposes of this section:

(a)Bodily injury has the same meaning as in section 28-109 ;

(b)Carotid restraint control hold means utilizing bilateral pressure to the sides of a person's neck, restricting the flow of oxygenated blood to the brain;

(c)Chokehold means intentionally applying pressure to the front of the throat and cutting off air flow for a sustained amount of time; and

(d)Serious bodily injury has the same meaning as in section 28-109 .