Spit mask contributed to Manuel Ellis’ death. TPD had no rules for their use at the time
When Manuel Ellis died, Tacoma police did not have a policy or procedure for when and how officers could use spit hoods.
Spit hoods, also known as spit masks or transport hoods, are made of breathable material and used by law enforcement to keep people from spitting and potentially exposing them to disease.
In Ellis’ case, the Pierce County Medical Examiner found a spit hood to be “a significant factor, and possibly the most important factor” in his death, according to the autopsy report.
Ellis, a 33-year-old Black man, died March 3, 2020, of oxygen deprivation while being restrained by police after a minutes-long struggle that occurred as he walked home from a convenience store. Video of the incident shows him telling officers, “I can’t breathe, sir, I can’t breathe,” shortly before he lost consciousness.
Three officers who restrained him have been criminally charged.
That Tacoma police did not have a procedure offering guidance on spit hoods is one of the facts revealed in records released to The News Tribune from an internal investigation into whether five involved officers violated policies while restraining Ellis.
It also appears Tacoma was the only large law enforcement agency in Pierce County that did not have such a policy. The Sheriff’s Department, as well as Puyallup and Lakewood police, implemented policies on spit hoods many years ago and continue to update them as needed.
Subsequent to Ellis’ death, Tacoma police developed a detailed procedure for which situations officers might use the masks, what monitoring or medical treatment must be offered if a mask is used and what information pertaining to the spit hoods must be included in their written reports.
The procedure was added in January 2021. A police spokeswoman said it was created for “standardization.”
James Bible, an attorney representing Ellis’ family, said creating a procedure for spit hoods is a step forward but it doesn’t change what happened to Ellis.
“It shocked the conscious that the Tacoma Police Department would use an item that would be deadly to human beings without creating a policy and training related to its use,” Bible said.
In the last seven years, Tacoma officers have used spit hoods on 114 people, according to department statistics. Ellis was one of 14 the year he died. Last year, police used them far less frequently — records document five instances.
Other local agencies said they do not keep track of how often spit hoods are used because they are not considered a use of force.
Are spit hoods safe?
The danger of spit hoods is debated among experts.
The American Journal of Emergency Medicine published a study in 2019 that found spit hoods produce “no clinically significant changes” to someone’s ability to breathe as long as the person is healthy.
Yet spit hoods have been involved in at least 10 police-custody deaths since 2001, according to a New York Times article.
Spit hoods have been used for decades in prisons but became more common in the 1980s during the AIDS epidemic.
There are no national best practices telling law enforcement how to use them. Any agencies that have a policy or procedure regarding spit hoods wrote their own or used language from Lexipol, a private company that provides policies to police.
Law enforcement in Washington does not receive much formal training on how and when to use spit hoods.
The Washington State Criminal Justice Training Commission, which runs the academy, does not provide instruction on spit hoods.
“Due to time restraints (720 hours mandated) in basic training, we cannot cover every tool that an agency may or may not use,” WSCJTC spokeswoman Megan Saunders said. “Therefore, the spit hood is a specific agency training item.”
Tacoma police said they train new officers on how to use a spit hood through reality-based training scenarios before they hit the streets with a training officer. Sheriff’s deputies can learn about spit hoods from their field training officer, but it’s not required.
There’s also no specific rule regulating who receives a spit hood. In most cases, officers or deputies who want to carry one in their patrol car can request them.
“We don’t issue them because they’re not required, and they’re not often used in day-to-day stuff,” sheriff’s Sgt. Darren Moss said. “There’s a valid reason to have this item, but it’s not so important that we all carry them.”
The Pierce County Sheriff’s Department and Tacoma police buy them as needed.
The Sheriff’s Department typically orders a pack of five for $55 and keeps about 20 on hand in a supply closet. Tacoma’s last purchase came in July, $457 for 150 masks.
Rules for using spit hoods vary
Policies and procedures involving spit hoods vary from department to department.
Tacoma’s says transport hoods “shall not be used to punish, display authority or as a show of force.” Officers may use them if they believe somebody is going to bite or spit but must immediately notify their supervisor one is being used.
The procedure says police have to inspect the person after placing on a spit mask to ensure they can breathe, cannot use them if the person is bleeding from the nose or mouth and should request medical aid if the person cannot breathe, is vomiting, agitated, has increased body temperature or is exhibiting bizarre behavior.
Those are symptoms police said Ellis exhibited during his struggle with officers, which they attributed to excited delirium. Critics say excited delirium, which can cause violent behavior, unexpected strength and very high body temperature, is often used as an excuse to justify excessive police force. Law enforcement groups and some experts say it’s a legitimate condition.
The Pierce County Sheriff’s Department last updated its spit mask policy in 2018 but could not immediately say when it was put into place. Puyallup police last updated their policy in December 2019. Both agencies pulled wording from Lexipol.
Much of the policy language is similar to Tacoma’s, though the one for Puyallup and the Sheriff’s Department specifies that spit hoods are generally used while physically restraining someone or while transporting them to the jail or precinct. It also says deputies or officers should assist the person wearing a spit hood while moving them since their vision is impaired, and should avoid allowing someone in a spit hood to be near other detainees.
“Those who have been placed in a spit hood should be continually monitored and shall not be left unattended until the spit hood is removed,” according to the policy.
Some agencies keep the policy brief and don’t provide detail on when and how they can be used.
Lakewood’s simply says: “The use of spit hoods and protective helmets are authorized when reasonable to do so.”
Tacoma Mayor Victoria Woodards said having a procedure in place is important so “there are clear expectations and clear directions. As policing evolves and more tools come into play, this says we need to look at every tool that we use and make sure it’s clearly educating our officers on how to use those tools.”
This story was originally published February 17, 2022 at 5:00 AM.
