maybe this is their justification:
RCW 9A.36.031
Assault in the third degree.
(1) A person is guilty of assault in the third degree if he or she, under circumstances not amounting to assault in the first or second degree:
(a) With intent to prevent or
resist the execution of any lawful process or mandate of
any court officer or the lawful apprehension or detention of himself or another person, assaults another; or
(b) Assaults a person employed as a transit operator or driver, the immediate supervisor of a transit operator or driver, a mechanic, or a security officer, by a public or private transit company or a contracted transit service provider, while that person is performing his or her official duties at the time of the assault; or
(g) Assaults a law enforcement officer or other employee of a law enforcement agency who was performing his or her official duties at the time of the assault;
but then there is this:
http://www.thenewstribune.com/2011/01/18/1507217/infected-spitter-charged-with.html
and this:
http://www.courts.wa.gov/content/Briefs/A01/636685 appellants.pdf
In State v. Humphries, the defendant
was convicted of assault for spitting on a police officer, and over
defense objection, the prosecutor argued spitting constituted an
assault. 21 Wn.App. 405,586 P.2d 130 (1978). While this Court
concluded spitting
may constitute a battery and the prosecutor's
argument was not improper, this Court did not conclude that as a
matter of law spitting is an assault. 21 Wn.App. at 408
Maybe the Victim here can claim assault against the SPD....and they can hold an internal investigation to determine that!
No hitting of handcuffed and subdued detainee's....but maybe the officer needs to add yet another tool of the job on his belt....
Duct Tape!