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Rob Pincus

Director of operations at the Valhalla Training Center in Montrose, Colo., Rob Pincus has been a trainer and consultant in various combative fields for many years and is the developer of the Combat Focus Shooting Program.

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Keep Your Officers' Firearms Scores

Throwing away shooting scores to prevent them from falling into the hands of plaintiffs' attorneys makes no sense legally, and it deprives you of a valuable training tool.

May 31, 2007

Most departments do not keep firearms "qualification" scores, opting instead for a pass/fail system. They reason that it's better if plaintiffs don't have access to the written history of marginal performers for possible use in a lawsuit.

This sounds like good risk management advice, but it's not. Here's why.

Trainers have an obligation to help manage the risk faced by officers in their department, as well as the risk faced by the department itself. The two primary types of risk faced by officers and departments are risk to officer safety and risk of litigation. Decisions made regarding what type of training to do and what records to keep are often geared toward the negative motivator of liability avoidance, when they should be focused on the positive motivator of enhanced officer safety.

However, assuming for a moment that we want to reduce liability, does failing to keep scores really do this? Probably not.

When we shoot someone, it's either intentional or its not. If it is intentional, we could be looking at a federal lawsuit for excessive force under the Fourth Amendment to the U.S. Constitution. If it's not, then we're probably looking at a claim in state court for something akin to gross negligence. Gross negligence is a very high standard for a plaintiff to reach; they have to essentially show that you were so reckless that you took virtually no care in trying to avoid the inadvertent injury.

Your officers' scores on the firing range are all about whether they can hit what they aim at. If we shoot at a bad guy, and miss—hitting an uninvolved person—that wasn't intentional.

Most liability stemming from a use-of-force incident will arise from the decision making that goes into the use of force, i.e. when to shoot and who to shoot, not how to shoot. How we scored on a paper target has little relevance to that.

So the scores that we keep in order to measure an officer's mechanical ability to function a weapon will have little relevance in a plaintiff's case regarding an officer's decision to shoot. If you ask attorneys that you know if they've ever heard of a case where officers' scores were really relevant to their proofs, they will tell you that they have not. Again, it sounds like good risk management advice when someone says that you should throw away the scores, but it's not.

And this misguided policy might be creating problems for ourselves in our effort to reduce liability. Departments have an obligation to properly manage activities that could give rise to constitutional violations and part of that management obligation is to train and then supervise the use of force. This probably means that there should be an effort in place to improve the performance of those officers who struggle to meet a standard. So when we have officers who barely meet the pass/fail standard, and we either do not have a program in place to assist them with the improvement of their skills, or we don't have good documentation of that improvement effort, we could easily face a federal claim of deliberate indifference under the 14th Amendment's Due Process clause.

In this discussion of liability reduction efforts, we have not talked about officer safety very much. Improving officers' skills with weapons goes directly to the obligation we have as trainers to enhance our officers' abilities to manage conflict in a safe manner. We need to provide performance improvement plans for them; otherwise we're not fulfilling our obligations as trainers. In order to do that, we probably need to keep scores so that we can track performance.

The whole idea that we will be able to, somehow, keep information from plaintiff's regarding how poorly an officer did in training is unlikely anyway. Although it may rarely happen, if a plaintiff's attorney wants the information, he or she will get it.

And consider how few incidents we're talking about. First, we're only talking about a few of your officers. Then, only a miniscule percentage of them will actually shoot someone. Now, consider that only a few of those incidents will be of the type where the officer hits an innocent party. And even more goes into this equation. The injured party has to decide to sue (which is likely), and then his or her suit has to survive a Motion for Summary Judgment, which is difficult. Finally, the case has to make its way through a lengthy pre-trial process. Eventually, a very small number of these cases will end up in court, and that's where—maybe—the data on shooting scores could be used.

Why would we pass up the much-needed opportunity to help our officers who have performance problems and to enhance the overall safety of our departments in order to defend against something that is so unlikely to happen?

As a former risk manager, I strongly believe that we should be tracking scores and developing sound performance improvement programs for our officers. That will keep them safer. And the safer they work, the less liability our departments will face.

Isn't that what being a trainer is all about?

author: Steve Ashley | posted @ Thursday, May 31, 2007 9:31 AM

Comments

 
     

LPD5404 @ 6/3/2007 2:43 PM

I admit that on the "official" copy of my departments firearms qualifications, everything is listed as pass/fail. I also have a second copy, which is usually done at the range or when different segements of the raining are completed (handgun, shotgun, rifle, dim light, etc). On this copy is the actual numerical value.

When all shooting is done and every officer is qualified I will then do up the final sheet which has he pass/fail. So, in a way I'm covering both ends......pass/fail and having a numerical score.


     

sr2612 @ 6/9/2007 9:12 PM

I am all for the tracking of scores and building them up through training. I can not believe how many out there are so close to the min or below. Takes them many many times to qualifly and get that pass and I see that most of them are done shooting until next year. I think these cops should be out there shooting all the time and if not the fire arms instructor should be forcing them to.

Not only is there lives depending on shooting well but mine as well when they are needed to back me up, plus what the article says the uninvolved persons that could be hit.


     

van.bayless @ 7/11/2007 8:47 AM

I actually have to compile a list of our Deputy's score over the past few quals (which is every 6 months) and put down their average to show to senior management. It works well for my arguments to get weaker shooters out there more often for training, but it is also counterproductive for my fight. I battle with management that a qualification score is not a measure of weapon profienciency but rather an assinged vaule to measure bmi (basic marksmanship instruction) skills. I have many shooters that can accurately place rounds in a desired area in the generous but alotted time limit, but that is not the goal. As a trainer I constantly remind my bosses that a score does not matter to me, it clears that person to carry the weapon by policy, but misses the mark. I truly believe it is our job to train people in life saving skills (ie: stress drills, reloads, weapon handling, movement, cover, room entries, etc) not to shoot 6 rounds in 15 seconds. I'm working with my firearms team to develop a system to assign a category or coded section on each qualification and other training we do to identify and exploit any short comings we/they may have. I couldn't agree more that as a trainer, this is our job.


     

CPD169 @ 9/1/2007 7:31 AM

I have a copy of all of my qualification scores since I was hired full-time in 1995 along with copies (or originals) of all training certificates. I have twice had to provide copies to agencies for them to proivide them to POST as my former agency had somehow neglected to turn them in.

There's a difference between traing and qualification though. Qualification, in Alabama, must be scored on a point system, while training need only be documented as to what was covered and for what length of time.


     

Layle56 @ 11/27/2007 12:32 PM

As our dept's range master I keep the scores posted and they will be presented in court if it arises. I do this as a motivation technique and it allows the officers to see where they stand within the department. In Oklahoma our CLEET advisory board decided to change our State Qual course to fit the needs of incompetent shooters that are employed by useless Sheriffs and incompetent Police Chiefs. I am one of the lucky one's because our chief is a Firearms Instructor and he allows me to arrange our training as I see fit. I match this to current court case's and shooting schools that I attend.
Everyone needs to understand that keeping the scores just helps the range masters and allows us to show through training that with the standards set in place they have met them but also qualing in low light, night, no light, stressful, advancing and retreating targets, lateral movements, shooting behind cover/conealment, etc. This list could go on for a while. As the one's in charge of training, be good trainers and put it back on the officer to become better shooters. If they choose not to and that is documented then it can be used in evaluations and up to pre-termination hearings. Carrying a firearm is not a privilege it is a necessity with a ton of liability tied to it.
I have a firearms instructor at the range once a week, with three quals a year so it is the officers responsiblity to maintain the standard that is set by your department. I have raised our standards where it is more stringent than what is required at the basic academy.
Remember, front sight, breath and let the shot be a suprise.


     

David Davis @ 12/10/2007 3:17 PM

I do not like our state's (Texas) required qualify score system. As is most case with most departments the qualify requires that an officer stands still, shooting at a paper target that does not move, till he/she has shot a box of ammo once a year. If your number of holes equal 70 % you qualify. Add in some time and reload requirements and that is the way it has been for the 33 years I have been in LE. And yes some departments even call that training. I am fortunate that the Chief supports training, up to how much money is budgeted for bullets. We have more realistic qualifies, combat, and night fire training. We demand that officers shoot 80 % ( yes they should be shooting better and most do). They know that if they do not shoot 80 % they go back to the classroom and more training to fix the problem. Then back to the range. If they fail to qualify they are fired. Since our requirements exceed the state's limits we do not keep scores but only use a pass/fail score.


     

jamesgroody @ 1/25/2008 4:28 PM

pass / fail is the way to go. quit counting at the passing score.
the plaintiffs attorney will only know that the cop passed or failed.


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