Police Magazine Logo
MenuMENU
SearchSEARCH

Seattle PD Lawsuit: Calling Out Goliath

Late last month 126 officers of the Seattle Police Department decided it was time to stand up and challenge Goliath, in this case the federal government. Instead of a sling and a stone, they wielded a lawsuit.

June 21, 2014
4 min to read


The story is told in the Bible and in the Jewish scriptures of a teenager named David who volunteered to fight a great Philistine warrior. The Philistine was a giant, described in the holy books as 7 to 9 feet tall, with fearsome strength and an arsenal of deadly weapons. David was your average teen shepherd boy with no armor and just a sling and a stone. So everyone thought David had no chance, except David.

Well…You know what happened.

Ad Loading...

Today, it's common to refer to any engagement between an underdog and a powerful opponent as a David vs. Goliath match. This is the story of such a mismatch.

Late last month 126 officers of the Seattle Police Department decided it was time to stand up and challenge Goliath, in this case the federal government. Instead of a sling and a stone, they wielded a lawsuit.

Since the summer of 2012, the Seattle PD has been operating under a consent decree as settlement of a U.S. Department of Justice investigation. As part of that settlement, the SPD had to rewrite its use-of-force policy and have that new policy approved by the DOJ, the monitor, and a federal judge.

The officer plaintiffs in the lawsuit say the new policy is confusing and overly complicated, which makes their jobs more dangerous and violates their civil rights. They are suing a long list of federal and city officials and agencies, including Attorney General Eric Holder, the city, and the SPD.

Do they have a fighting chance? Probably not. They have no representation and are facing the endless ranks of DOJ attorneys. They don't even have the support of their union. So their claim will likely be dismissed before it is heard.

Ad Loading...

Even so, you have to admire their chutzpah.

And just maybe they have a case. Their primary argument is that the new policy does not conform to Graham v. Connor. Specifically, they argue the policy adds additional requirements to the "objective reasonableness standard."

The plaintiffs claim the policy implies that officers should use less force than reasonably necessary or at least attempt to use less than reasonably necessary when facing dangerous subjects. Which places officers at more risk.

That increased risk is one of the reasons why this is a civil rights suit. The plaintiffs say that by forcing them to assume more risk on the job, the new policy violates their Fourth Amendment right to protect themselves.

Another big concern voiced by the plaintiffs is their belief that an officer's use of force will be evaluated after an incident, using information that was not available to the officer at the time instead of the totality of circumstances then known by the officer. "What has become increasingly clear is that the new standard for police conduct under the UF policy is perfection, as determined by 20/20 hindsight by inexperienced, untrained civilians, and non-patrol officers from the safety of a desk or committee room," the suit says.

Ad Loading...

Perhaps the most explosive contention by the plaintiffs is contained in their statement for why Holder is named as a defendant. The suit argues he has presided over a Department of Justice that has the goal of rewriting law enforcement use-of-force policies "in a manner that conflicts with the Constitution."

There's much more to this suit, but I've hit the basics. You can view the entire document at PoliceMag.com/seattlesuit.

Reaction from the DOJ was swift and dismissive. The day after the suit was filed U.S. Attorney Jenny Durkan told the Seattle Times the case had no merit.

I'm not an attorney or a police use-of-force policy expert so I can't give you a definitive opinion on this case. What I can say, however, is that it's really cool to see officers fighting back against a consent decree. Sometimes, I think the lawyers for the DOJ's Civil Rights Division—many of whom have never worked as cops or even served in the military—hold this bizarre belief that officers delight in shooting and killing people. Maybe they wouldn't be so quick to crucify officers and agencies if they had actually ever faced a deadly threat.

So can a group of officers actually defeat a federal consent decree? Again the answer is maybe. In 2002, the Columbus, Ohio, Fraternal Order of Police worked with the city and forced the DOJ to back down. The Seattle plaintiffs have a tougher fight on their hands because they are standing alone. But you never know. Sometimes that lone shepherd boy knocks the giant on its ass.

Subscribe to our newsletter

More Patrol

POLICE Topics, Tactics & Tips video series graphic featuring a Garmont Tactical Contact Collection duty boot against a police vehicle with flashing lights. Includes “Watch Now” callout for the video series.
Patrolby Wayne ParhamJuly 9, 2026

Garmont Tactical Contact Collection: New Duty Boots for Law Enforcement

Choosing the right duty boot can make a significant difference during long shifts. In this video overview, Kyle Ferdyn, of Garmont Tactical, introduces the new Contact Collection, designed specifically for law enforcement professionals seeking comfort, traction, and durability.

Read More →
Benchmade Bailout folding knife with a bronze tanto blade, taiga green handle, and orange accents displayed open against a textured black background, highlighting its lightweight tactical design.
PatrolJuly 9, 2026

Benchmade Launches Taiga Green Bailout

Benchmade has launched its Taiga Green Bailout, which features an anodized aluminum handle, S90V stainless steel, and Burnt Copper hardware accents.

Read More →
Composite image of ADEPT's Nova Titanium tactical helmet, showing front and side views alongside a soldier wearing the helmet in the field, highlighting lightweight ballistic protection for military and tactical applications.
PatrolJuly 9, 2026

Adept Armor Launches the Nova Titanium Combat Helmet: A Metal Ballistic Helmet at Composite-Helmet Weight

Adept Armor said its new Nova Titanium combat helmet delivers rated 9mm protection at 920 grams all-in, low backface deformation, edge-to-edge coverage, and an indefinite shelf life at roughly a quarter the price of premium polyethylene helmets.

Read More →
Ad Loading...
Two healthcare professionals model 5.11 medical scrubs—one in gray and one in blue—against a blurred hospital background, highlighting the brand’s professional apparel for medical workers.
PatrolJuly 2, 2026

5.11 Expands Professional Services Line with Premium, Performance-Driven Scrubs Designed for Healthcare Professionals

The launch of high-performance medical scrubs marks another major expansion of 5.11’s growing Professional Services category, enabling hospitals and healthcare systems to outfit a wide range of roles.

Read More →
Close-up of a black SOG Seal FX knife featuring a commemorative 250th anniversary engraving on the blade, displayed on an American flag to honor the United States' semiquincentennial.
PatrolJuly 2, 2026

SOG Knives Unveils 250th Anniversary Limited Edition Fixed Blade

SOG Knives has debuted its 250th Anniversary Limited Edition SEAL FX Fixed Blade, and only 250 are available. It features an advanced 4.3-inch S35VN steel blade and a tough glass-reinforced nylon handle.

Read More →
Close-up of a slim black Streamlight Wedge SL flashlight resting on an olive tactical vest with a black-and-gray American flag patch, its LED illuminated to showcase the compact everyday carry design.
Patrolby Wayne ParhamJune 25, 2026

POLICE Product Test: Streamlight Wedge SL

The Streamlight Wedge SL is a high-performance light for inspection or administrative tasks that features USB-C charging and an output up to 500 lumens in a compact package.

Read More →
Ad Loading...
Graphic recognizing Officer Michael Jaycox of the San Jose (CA) Police Department as Officer of the Month for May 2026, featuring his uniformed portrait beside a badge-and-rose emblem.
PatrolJune 25, 2026

NLEOMF Officer of the Month Saved Child from Burning Vehicle

The National Law Enforcement Officers Memorial Fund named Officer Michael Jaycox of the San Jose Police Department (California) as the Officer of the Month for May 2026. Read more about Jaycox’s heroic actions.

Read More →
Promotional image for Garmont Tactical’s Contact Collection featuring black tactical boots displayed in front of a police vehicle with flashing red and blue emergency lights. Text announces the new collection and notes it is now available.
PatrolJune 24, 2026

Garmont Tactical Introduces the Contact Collection for LE

Garmont Tactical has launched its Contact Collection, a new lineup of law-enforcement duty boots featuring 4-inch and 6-inch options, including waterproof models.

Read More →
Graphic celebrating 1,613 Folds of Honor graduates, featuring graduation books, a diploma, a mortarboard cap, the Folds of Honor logo, and an inset photo of a graduate standing in front of a campus building.
PatrolJune 11, 2026

Folds of Honor Celebrates Graduation Season as 1,613 Military and First Responder Family Scholars Earn Their Degrees

Every Folds of Honor scholar graduating in the Class of 2026 carries a story starting with sacrifice. Folds of Honor ensures it doesn’t end there. Since 2007, Folds of Honor has awarded nearly 73,000 educational scholarships to military and first responder families.

Read More →
Ad Loading...
Graphic for a POLICE Magazine article on Tennessee’s new deadly force law, featuring Lady Justice, handcuffs, a Tennessee map with Nashville highlighted, and the headline “Impact of New Deadly Force Law.”
Patrolby David StephensJune 4, 2026

Why Tennessee’s New Deadly Force Law Matters Beyond Tennessee

Tennessee’s new deadly force law is more limited than many may realize. Effective July 1, 2026, the law applies to a person who is not engaged in conduct that would constitute a felony or a Class A misdemeanor and who is in a place where the person lawfully resides. But it could have far-reaching influence.

Read More →