Police Use of Force Against the Mentally Ill: Circuit Court Developments, Part I
In this edition of his Section 1983 Litigation column, Martin A. Schwartz begins his analysis of circuit decisions evaluating police use of force against persons suffering from mental illness, focusing here on decisions from the First, Fourth and Ninth circuits in which officers employed Taser force against an individual suffering from mental illness.
May 03, 2022 at 08:56 AM
11 minute read
Constitutional LawIt is an all too familiar factual pattern. It starts with a plea for help. A 911 call is placed to the police department seeking assistance for an individual suffering from mental illness. The caller is typically a relative or friend of the mentally ill individual who may be threatening to harm himself, or someone else, or is acting erratically. The caller feels helpless with no place else to turn, so she reaches out to the police. At least at the outset everyone seems to mean well, trying to help; the 911 caller, the police dispatcher, and the officers dispatched to the scene.
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