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Officer Terminated For Violating Response To Resistance Policies


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Posted

TAMPA, FL (November 5, 2024) – On Tuesday, November 5, 2024, the Tampa Police Department terminated the employment of an officer for violations of the department’s Policies and Procedures, and Manual of Regulations, regarding Response to Resistance.

An internal investigation conducted by the TPD Professional Standards Bureau determined Michael Scaglione, employed since August 2016, applied an unauthorized use of deadly force by making contact with an adult male defendant’s neck while attempting to make an arrest.

On April 12th, 2024, Scaglione and another officer responded to a home in the 8000 block of North 10th St. for the report of a domestic battery. As the officers attempted to take the defendant into custody, the defendant resisted arrest. Officers attempted to gain control of the defendant’s arm; however, he responded by refusing to place his hands behind his back and pulling away.

As they fell to the ground during the resist, body-worn camera video shows Scaglione placed the victim in a chokehold, causing the defendant to briefly lose consciousness. Tampa Police Standard Operating Procedure 538.III.H clearly states: Chokeholds and/or vascular neck restraints are prohibited unless deadly force is justified. In this situation, the use of deadly force would not be authorized.

The investigation also showed that Scaglione failed to document his use of 3-4 strikes to the head during the response to resistance while attempting to make the arrest.

"Domestic violence investigations are one of the most dangerous and volatile situations an officer can respond to, and the dynamics can quickly change,” said Chief Lee Bercaw. “It is imperative that, even in the heat of the moment, officers must be able to respond according to established policies and training procedures which were developed to ensure the safety of the officers as well as the public. In this case, these standard expectations were not met, and his employment was terminated.”

Scaglione was found to be in violation of policies related to: Standard of Conduct, Response to Resistance, Philosophy of Enforcement, Attentiveness to Duty.