Office of Citizen Complaints

Policy Recommendations

Reference: 861-96

SUBJECT: Revise Department General Order 5.01, Section I.3. to require medical treatment, including face and eye rinsing, for all individuals who have been exposed to oleoresin capsicum ("pepper spray") regardless of direct contact to their face.

RECOMMENDATION:
It is recommended that Department General Order 5.01 be revised to require members to rinse the faces of all individuals who have been exposed to pepper spray, except when individual clearly and coherently communicates that rinsing is not necessary.

BACKGROUND:
In this case, it is unclear whether the arrestee was sprayed in the face with pepper spray, although there is no doubt that he was exposed to pepper spray. The arrestee was under the influence of narcotics and not in a position to indicate if he was in distress from the exposure to pepper spray. Because no officer saw direct pepper spray contact with his face, his eyes and face were never washed or flushed based upon the current language of Department General Order 5.01.

Case Investigated by: MIKE KLOSS, Investigator
BLANCHE BLACHMAN, Senior Investigator
Reviewed by: ROBERT JANISSE, Chief Investigator
Approved by: MARY C. DUNLAP, Director
Date: June 23, 1998

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