Timpa v. Dillard

Submitted by Re'Neisha Stevenson on Wed, 10/26/2022 - 15:34

Officers applied bodyweight prone restraint which killed mentally ill man who had called police for assistance; department general orders required officers responding to a crisis intervention training situation or “excited delirium” to place the subject upright or on their side after bringing them under control; officer held decedent in prone restraint with his knee pressing on his back for fourteen minutes; court reverses district court’s summary judgment for officers, finding factual disputes about reasonableness of force and whether the force constituted deadly force, noting that taking facts in the light most favorable to plaintiff, the force was excessive; court concludes it was clearly established that force is objectively unreasonable if officer continues to kneel on back of an individual who has been subdued, with a good review of several cases.

Actionable Conduct Edition