Credit: zef art/Adobe Stock Police Use of Force Against the Mentally Ill: Circuit Court Developments, Part II
In this edition of his Section 1983 Litigation column, Martin A. Schwartz continues his analysis of circuit decisions evaluating police use of force against persons suffering from mental illness, focusing here on a recent Sixth Circuit decision in which the officer employed both Taser and deadly force.
May 03, 2022 at 09:00 AM
13 minute read
This column continues the analysis of circuit decisions evaluating police use of force against persons suffering from mental illness. We previously analyzed decisions of the First, Fourth, and Ninth circuits in which officers employed Taser force against an individual suffering from mental illness. We now focus on a recent Sixth Circuit decision in which the officer employed both Taser and deadly force.
In Palma v. Johns, 27 F. 3d 419 (6th Cir. 2022), the circuit court ruled that in evaluating the reasonableness of police use of force, consideration should be given to whether the officer knew that the individual was suffering from mental illness, and whether the officer used his or her training and experience to attempt to deescalate the situation before resorting to force.
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