Legal Block CIT Chief Sam Faulkner Mechanicsburg Police Department

Legal Block CIT

Chief Sam Faulkner Mechanicsburg Police

Department

www.responsetoresistance.com

Who or What Gives You The

Authority to Use Force?


4TH AMENDMENTThe right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

December 15, 1791

The Constitution of the

United States of America


THREE MAIN AMENDMENTS

8TH – Right prohibiting “Cruel and Unusual” punishment

14th – “Due Process” – Right to be tried on the charges on which you are arrested

4th – “ Search and Seizure” The right to be …………..


Use of ForceConstitutional Standard

Graham v. Connor 490 U.S. 386 (1989)

United States Supreme Court

Occurred: November 12, 1984

Submitted: February 21, 1989

Decided: May 15, 1989




Today we make explicit what was implicit in Garner's analysis, and hold that all claims that law enforcement officers have used excessive force -- deadly or not -- in the course of an arrest, investigatory stop, or other "seizure" of a free citizen should be analyzed under the Fourth Amendment and its "reasonableness" standard, rather than under a "substantive due process" approach.

Graham v. Connor 490 U.S. 386, 395 (1989)



[T]he question is whether the officers’ actions are “objectively reasonable” in light of the facts and circumstances confronting them, without regard to their underlying intent or motivation.

Graham v. Connor 490 U.S. 386, 397 (1989)


“Objectively Reasonable”

“Reasonable Officer”


vs.

The Legal Basis for CITCanton v. Harris (1989)

In 1989, the U.S. Supreme Court ruled in the inadequacy of

police training may serve as a basis for municipal liability

where the absence of training amounts to deliberate

indifference for the rights of persons whom the police come into contact with www.responsetoresistance.com

Legal Basis for CITOlsen v. Layton Hills (1980)

The U.S. Court of Appeals for the Tenth Circuit held

That a municipality could be sued for failing to train

Its officers to recognize signs of the psychological

Disorder, obsessive-compulsive disorder.


The two most common civil suits brought* Failure to properly supervise, and

* Failure to provide adequate training

These suits charge that a department’s failure to

properly supervise and train led to a violation of a

person’s civil rights under Title 42, Section 1983,

U.S. Code ( Under Color of Law)www.responsetoresistance.com

Walker v. City of New York (1992)

If you know to a moral certainty that officers will

confront a certain situation: and that the encounter will

force officers to make a choice between different

alternatives; and making a wrong choice will

expose persons to potential Constitutional

violations; then the agency must provide these

officers with reasonable training.



Hayek v. City of St. Paul, No. 06-3802,

488 F.3d 1049 (8th Cir. 2007)Police officers were found to have acted properly in shooting and killing an allegedly emotionally disturbed 19-year old, 300 pound man, 6’7’’ tall, who was attacking an officer with a sword. The decedent had allegedly continued to stab the officer despite being struck by initial shots, saying “ow” but otherwise continuing his assault.


Buchanan v. State of Maine, (2006)

Officers did not use excessive force in shooting and killing a mentally ill man when they only did so after he had repeatedly stabbed one of the two offices present.


Ali v. City of Louisville, No. 3:03CV-427,

395 F. Supp. 2d 527 (W.D. Ky. 2005)

The court ruled that police officers’ shooting and killing of a homeless mentally ill man sitting in a car was not excessive force when they acted after he raised a gun and did not know, until after the fact, that the weapon was a BB gun.

Under the circumstances it was reasonable for them to believe that their lives were at risk.

Fisher v. Harden, 398 F.3d 837, 841(6th Circuit 2005)

77 year old man took his rifle, a tripod and a folding chair to go and shoot groundhogs on a railroad grade about 250 yards from a country road.

A passer-by saw the man and thought it might be a suicide attempt.

Called sheriff’s office and reported a possible suicide – said that the man had his feet tied to the tracks.


Fisher v. Harden Cont.

“It is clearly established that an officer may not affect a

mental health seizure without probable cause.”

If you are responding to an unconfirmed report that a person is mentally ill and/or suicidal, you need to confirm the information in some manner.


Griffith v. Coburn, 473 F.3d 650Sixth Circuit (2007)

Mother approaches township police dept. in Michigan

Wanted son hospitalized because he was “acting strangely”

Police said son was not a danger to self or others

Son had outstanding traffic warrant

Officers offered to arrest son to get helpwww.responsetoresistance.com

Griffith v. Coburn Cont.

“It cannot be forgotten that the police were confronting an

individual whom they knew to be mentally ill or retarded,

even though the officers may not have known the full

extent of [his] autism and his unresponsiveness. The

diminished capacity of an unarmed detainee must be taken

into account when assessing the amount of force

exerted.” www.responsetoresistance.com

Griffith v. Coburn Cont.

Judges not saying that you have to take unreasonable risks with a person who had a mental illness.

Judges do say that if you go into a situation with an unarmed arrestee who is mentally ill or had a diminished capacity and you know you have to use force, you have to consider the person’s capacity in assessing the type and amount of force to be used.


Donald Webb III v. Adam Henderson, et al.Franklin Circuit Court, Indiana (March 16,

2001)

Brookville Officers used Officer Presence, Verbal Direction and Escort Position

Franklin Deputy used a Taser drive stuns

Plaintiff retained a social psychologist as their expert

He opined on Donny’s lack of ability to comprehend what the officers were saying



Cole v. Bone, 993 F.2d 1328 (8th Cir. 1993)

This Court of Appeals stated, “The Constitution…requires only that the seizure be objectively reasonable, not that the officer pursue the most prudent course of action as judged by 20/20 hindsight.”

In re Miller63 Ohio St. 3d 99 (1992)

Officers “pink slipped” individual into hospital for mental health evaluation

No written statement of patient’s condition was given to ensure at least a minimal level of PC

Other procedural issues were not followed Not informed of rightsAffidavit not prepared by property personPsychiatrist affidavit was conclusory only

THIS WAS FOUND TO VIOLATE HIS DUE PROCESS RIGHTS

CONTACT

Chief Sam Faulkner [email protected]

mailto:[email protected]

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Legal Block CIT Chief Sam Faulkner Mechanicsburg Police Department