When Force Is Used
RCW 10.120.020 — force only to the extent necessary, deadly force only against an immediate threat
Washington sets its own rule for police force in RCW 10.120.020. A peace officer may use physical force against a person only to the extent necessary for one of the purposes the section lists: among them to effect an arrest, to prevent an escape, to execute a search warrant, to protect against a criminal offense when there is probable cause, and to protect against an imminent threat of bodily injury to the officer, another person, or the person force is used against.
Deadly force has a narrower rule. A peace officer may use deadly force only when necessary to protect against an immediate threat of serious physical injury or death to the officer or another person. The section defines that threat: based on the totality of the circumstances, it is objectively reasonable to believe the person has the present and apparent ability, opportunity, and intent to immediately cause death or serious bodily injury.
Over all of it sits a duty of reasonable care: a peace officer shall use reasonable care when deciding whether to use physical or deadly force and when using it. The section spells out what that care requires of the officer.
- When possible, the officer uses all de-escalation tactics that are available and appropriate before using physical force.
- The officer uses the least amount of physical force necessary to overcome resistance, considering the person's characteristics and conditions: for example whether the person is visibly pregnant, is or appears to be a minor, shows signs of a mental, behavioral or physical impairment, is suicidal, has limited English proficiency, or is in the presence of children.
- The officer stops using physical force as soon as the necessity for it ends.
- When possible, the officer uses less lethal alternatives that are available and appropriate before using deadly force.
The section also says that nothing in it permits force that would violate the United States Constitution or the state constitution, and that a department may adopt policies stricter than it.
Another officer who sees excessive force has a duty to step in. Under RCW 10.93.190, an identifiable on duty peace officer who witnesses another officer using or attempting excessive force shall intervene when in a position to do so, and shall render aid at the earliest safe opportunity to any person injured by the use of force. Excessive force there means force beyond what the law or the witnessing officer's agency policy permits. The officer must also report wrongdoing to a supervisor, and may not be disciplined or retaliated against for intervening or reporting in good faith.
A separate section, RCW 9A.16.040, decides when an officer is criminally liable for deadly force. It provides that a peace officer shall not be held criminally liable for using deadly force in good faith, and defines good faith as an objective standard: whether a similarly situated reasonable officer, knowing all the facts, circumstances and information known to the officer at the time, would have believed deadly force was necessary to prevent death or serious physical harm.
A claim against a city or county starts with a form, and the clock keeps running. A claim for damages against a local government or its officers acting as such is presented to the agent the government appoints, on the standard tort claim form, within the limitation period for the action. No lawsuit may be started until sixty calendar days after the claim is first presented; the limitation period is tolled during those sixty days. RCW 4.16.080 lists the actions that must be commenced within three years, including one for any other injury to the person or rights of another not listed elsewhere.
This is the statute, not an assessment. Whether any particular use of force was necessary or reasonable, which limit governs a claim, whether a federal claim exists beside the state one, and what defenses apply turn on facts and on case law these sections do not contain. A licensed Washington attorney, early rather than late, is who answers them.
Sources for this section (5)
- RCW 10.120.020 — Permissible uses of force
- RCW 9A.16.040 — Justifiable homicide or use of deadly force by public officer, peace officer, person aiding
- RCW 10.93.190 — Peace officers duty to intervene
- RCW 4.96.020 — Claims against local governmental entities; presentment and filing
- RCW 4.16.080 — Actions limited to three years
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Washington attorney.