Many §1983 excessive force claims arise from police use of force against individuals suffering mental illnesses. In some cases the officers employed force in order to arrest the individual for a criminal offense. In other cases the police employed force after being called to render assistance to the individual. The police may have been called by a relative or social worker seeking assistance in attempting to calm a person who is agitated or acting irrationally, or to transport a resisting person to a mental health facility for evaluation and treatment.
Like other excessive force cases, the facts and circumstances confronting the officer vary greatly from case to case. Mental and emotional disturbances run a tremendously wide range, from mild to severe, and the individual’s conduct may range from non-threatening to very threatening. Police use of force in these cases may also vary greatly. In many cases, officers employed tasers, while in others so-called “beanbag rounds” (which are rubber bullets), four-point restraints, and even deadly force shootings.
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