Liability of Security Guards Who Use Force at the Direction of Police

This post is only offered as a discussion topic only and does not represent legal advice. Officers must refer to the laws in their own State as well as their agency's policies, which can be more restrictive on officers that the law requires.

Scenario: A uniformed police officer is making an arrest at a store when the suspect begins to fight. The officer asks one of the security guards to help you force the man into custody.

If that security guard helps the officer, is he subject to all the same rules surrounding use of force that a police officer must follow?

Answer: In the case of Bunton v. City of Fresno from 2023, the United States District Court in California addressed this issue. They cited a case from 1987 called Carr v. City of Chicago and said, "Private security guards are engaged in "State action" when they enter into agreements with police pursuant to which the security guards carry out the policemen's directions. Security guards who carry out such directions are exercising the state's function and are treated as if they were state officials. But if a security guard is acting independently, his conduct is judged under state tort law principles rather than being judged under the Fourth Amendment principles."

So, in our original scenario, if you were to ask the security guard for assistance, he would be subject to all the rules of use of force under the Fourth Amendment from cases such as Graham v. Connor, Tennessee v. Garner and the like. And, he can also be sued for excessive force under Federal Section 1983, the same as any other State actor.

This blog topic serves as a summary of our video lesson on this crucial topic. If you're interested in accessing the full video lesson and additional resources, click the link to register for your free 30-day trial.