Does a Previous Court Determination an Individual is Mentally Incompetent Permanently Prohibit Firearm Possession in Ohio?
According to Mr. Fligiel, the statute requires a past commitment to a mental in [...]
When is a Taser Deployment Objectively Reasonable?
Physical struggles with the police qualify. But so can conduct that is perhaps [...]
Is there a Constitutional Requirement to De-Escalate Before Using Deadly Force to Pink Slip an Armed Male in a Mental Health Crisis?
The officers’ conduct did not violate the law because of the obvious danger tha [...]
Can a Police Officer Punch a Mentally Ill Patient in the Head During a Medical Restraint, have the Court Determine the Force is Excessive AND Still Receive Qualified Immunity?
Is Your Agency’s Use-of-Force Policy Ready for the Sixth Circuit’s Latest Guida [...]
Sixth Circuit Denies Qualified Immunity to Nashville Police Who Shot and Killed a Mentally Ill Woman Brandishing a Bat and Pickaxe
[B]ased on the complaint’s allegations, Ms. Wooden’s actions do not “amount to [...]
Is It Lawful for Law Enforcement to Apply Force When a Delusional Person Resists Handcuffing for Mental Health Transport?
But Mr. Helms’s mental-health struggles did not bar the deputies from using the [...]
Should an Officer Call for a Timeout During a Deadly Force Encounter to Issue a Verbal Warning?
[A]n officer who has already been fired on (unsuccessfully) need not pause to g [...]
Is Mental Illness an Absolute Bar to a Homicide Suspect Waiving his Fifth Amendment Self-Incrimination Rights?
Mr. Lawson has not shown the police involuntarily induced his Miranda waiver or [...]
Must Law Enforcement Use a Taser on a Mentally Ill, Armed, Threatening Suspect because it is a ‘best technique’ or is Deadly Force Objectively Reasonable?
But “[T]he Fourth Amendment does not require officers to use the best technique [...]
The Sixth Circuit Dangerously Limits the way Officers Can Protect Themselves During Dangerous Encounters with a Convoluted Seven-Part Use of Force Test
(1) Why the officer was called to the scene. (2) Whether the officer knew or re [...]