Washington State Considers Ban on Hog-Tying Suspects After Death of Manuel Ellis

In a move towards police reform, Washington state lawmakers are set to consider a proposal on Monday to ban the use of hog-tying as a restraint technique by law enforcement officers. This comes nearly four years after the death of Manuel Ellis, a 33-year-old Black man, who died while in police custody in Tacoma, Washington. Ellis was found face down with his hands and feet cuffed together behind him, a case that became a rallying point for racial justice activists in the Pacific Northwest.

Hog-tying, a restraint technique that involves binding a suspect's hands and feet together, has long been a cause for concern due to the risk of suffocation. While many cities and counties have already banned the practice, it remains in use in some areas. Democratic Senator Yasmin Trudeau, who sponsored the bill, emphasized the need to treat individuals with dignity and respect, stating, "How do we move through the need for folks to enforce the laws, but do it in a way where they're treating people the way we expect, which is as human beings?"

The proposed ban on hog-tying is part of a larger wave of policing reforms that have been enacted across the United States in recent years. Prompted by widespread protests against racial injustice and the deaths of individuals like George Floyd at the hands of law enforcement, states have been taking action to address systemic issues within the criminal justice system. However, few states have specifically banned the use of prone restraint, according to the National Conference of State Legislatures.

California, for example, passed a law in 2021 that prohibits law enforcement from using techniques that pose a substantial risk of positional asphyxia. Minnesota also banned the use of prone restraint by correctional officers unless deadly force is justified. The Department of Justice has recommended against the use of hog-tying since 1995 to prevent deaths in custody, and many local jurisdictions have already prohibited the practice.

In Washington state, the attorney general's office released a model use-of-force policy in 2022 that recommended against using hog-tying. However, at least four local agencies still permit the technique, according to their submitted policies. The Pierce County Sheriff's Department, for instance, continues to allow hog-tying but declined to comment on the proposed ban. It is worth noting that one of the department's deputies was involved in restraining Manuel Ellis, who died while in custody.

Ellis' case gained national attention after he was shockingly restrained and beaten by Tacoma police officers Matthew Collins and Christopher Burbank, both of whom are white. Witnesses reported that the officers knocked Ellis to the ground as he was walking home, and then applied the hobble restraint device, linking his handcuffs to his legs behind his back. Ellis subsequently stopped moving, and a medical examiner ruled his death a homicide caused by lack of oxygen.

Following a trial that lasted over two months, Collins, Burbank, and a third officer, Timothy Rankine, were charged with murder or manslaughter. However, they were acquitted by a jury in December. The acquittal sparked outrage and raised questions about the accountability of law enforcement officers. Ellis' sister, Monet Carter-Mixon, has expressed her support for the proposed ban on hog-tying, ensuring that her brother's tragic experience does not happen to anyone else.

The recent announcement that the three officers involved in Ellis' death will receive $500,000 each to leave the Tacoma Police Department has further fueled public outrage. Critics argue that this decision effectively rewards the officers for their involvement in Ellis' death. The U.S. Attorney's office has also opened an independent review of the case, potentially paving the way for further investigations into possible civil rights violations.

As Washington state lawmakers consider the ban on hog-tying, the focus remains on promoting accountability and addressing systemic issues within law enforcement. The proposed legislation comes on the heels of previous police reform measures enacted in the state, which included stricter guidelines on the use of force and the requirement of de-escalation tactics. The ultimate goal is to ensure the safety of both officers and individuals in custody while upholding the principles of justice and equality.