King Jurors Ask About Police Policy : Courts: Panel wants to know if allowing use of batons to break bones violates 4th Amendment.

In their 10th day of deliberations, jurors in Rodney G. King’s civil lawsuit passed a note to the judge that lawyers interpreted as indicating that jurors may be stuck over whether the force used by police officers was so excessive that it violated King’s constitutional rights.

The jury asked U.S. District Judge John G. Davies if a police policy that sanctioned the use of batons to break bones could be considered a violation of the U.S. Constitution’s 4th Amendment, which guarantees the right to be free from unreasonable searches and seizures.

After briefing attorneys on the question, Davies called the jury into the courtroom and gave his answer. “I think a legal answer to that question is ‘no,’ ” he said. “Policy is not a violation of the 4th Amendment.”

After the court session, King’s attorney, Milton Grimes, said the issue was not about policy. “The issue is that the force used was unreasonable and unnecessary.”

Grimes and other attorneys speculated that the jury was stalled over how to interpret the beating on March 3, 1991. King’s attorneys have argued that officers who beat and kicked King used excessive force and violated his constitutional rights. But attorneys for the officers--two of whom were convicted of civil rights violations in a criminal trial--said they were following orders.

Grimes said he believes the jury is also tiring.

“They appeared a lot more solemn and tense than I’ve seen them in the past,” he said.

Attorney Michael Stone, who represents former Officer Laurence M. Powell, said the jury did not seem to be near a decision.

“It sounds like they’re still debating the issue of a lawful use of force,” he said.

The jury is trying to decide whether to assess punitive damages against six current and former officers involved in the beating. It earlier awarded King $3.8 million in damages from the city.