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

flashlight turn un and submerged in puddle with rain falling.
PatrolApril 30, 2026

Olight Releases 2 New Baton Variants & the ArkPro Ultra Onyx Black

Olight has added two new lights to the Baton Series, the Baton 4 and the Baton Ultra. One new Baton features up to 1,600 lumens on turbo, and the other 1,800.

Read More →
Black tactical helmet with bright explosion behind it to the left, Team Wendy logo top right, and headline Recon Tactical Bump Helmet
PatrolApril 30, 2026

Team Wendy Reveals New RECON Tactical Bump Helmet

Team Wendy’s new RECON Tactical bump helmet is configurable by color, retention, and accessories for rescue, tactical, and military mission needs. It features Zorbium foam pads, shell vents, and lattice cooling pads that balance impact absorption, airflow, and long-wear support.

Read More →
Black military style leather boot against a blue cobblestone background with a white Garmont Tactical logo.
PatrolApril 30, 2026

Garmont Tactical Introduces the T8 Specter LE Zip for LE Professionals

Garmont Tactical has a new 8-inch duty boot with a side zipper, the T8 Specter LE Zip. The boot is available now and features ankle support in a standard duty profile with polishable leather.

Read More →
Ad Loading...
Streamlight searchlight and a scene light on a tripod set against a darkened street scene and Streamlight logo across the top.
PatrolApril 30, 2026

Streamlight Launches LiteBox 1Million & Portable Scene Light III

Streamlight has launched the Portable Scene Light III (PSL III), which delivers up to 10,000 lumens, and the LiteBox 1Million, a one-million-candela long-range search light.

Read More →
Two camo magazine puches against a blue tinted police background and a logo for Tasmanian Tiger.
PatrolApril 22, 2026

Tasmanian Tiger Introduces the TT SGL Mag Pouch Clamp M4

Tasmanian Tiger has launched the TT SGL Mag Pouch Clamp M4, an open magazine pouch engineered for M4/AR-15 platforms that integrates a plastic clamping device for secure retention and fast magazine deployment.

Read More →
Police officer in a darkened hallway holding a flashlight and headline 5 Things to Know When Buying Patrol Lights, and POLICE logo.
PatrolApril 16, 2026

5 Things to Know When Buying Patrol Lights

Whether it’s time to buy a personal patrol light or make the decision for the next department-issued patrol light, what do you need to know? How do you weigh the different variables and make the best choice?

Read More →
Ad Loading...
Group of men and women seated in a circle around a room as one woman stands and leads discussion.
PatrolApril 9, 2026

Warriors Heart’s Mission to Serve America’s Veterans and First Responders

Warriors Heart works closely with federal and community partners to expand treatment options for veterans and first responders. By combining specialized clinical care with a peer-driven recovery environment, the program helps warriors rebuild strength, restore relationships, and rediscover purpose.

Read More →
Black background with police card lights and logo for POLICE, with headline in yellow: How are LE Boots Different for Women
Patrolby Wayne ParhamApril 9, 2026

How are LE Boots Different for Women?

Boots fit differently for men and women, so how are law enforcement boots for women designed differently from those worn by men? In this video, Kyle Ferdyn, of Garmont Tactical, shares all the details.

Read More →
Man standing in desert talking on radio.
PatrolApril 9, 2026

Motorola Solutions Extends Resilient, Mission-Critical Communications and AI with T-Satellite from T-Mobile

A collaboration between Motorola Solutions and T-Mobile helps deliver uninterrupted situational awareness and access to AI wherever the mission leads, enabled by satellite connectivity for Motorola Solutions' APX NEXT smart radios.

Read More →
Ad Loading...
Las Vegas skyline at dusk with headline 2026 Vision FirstNet Users Summit, dates for the event, and diagonally at bottom right words Registration Open.
PatrolApril 9, 2026

Registration Now Open for 2026 Vision FirstNet Users Summit

Registration is now open for the 2026 Vision FirstNet Users Summit. The Summit is an opportunity to connect with local and federal leaders, specifically the FirstNet Authority, which is hosting a track at the event this year.

Read More →