Hart et. al. v. City of Redwood City, et.al

Current Revsion Submitted: Tue, 06/18/2024 - 09:13
Submitted by Jane Clayton on Tue, 06/18/2024 - 09:01

In this brief we argue that the court should grant rehearing because the Panel opinion conflicts with and would undermine this Court’s decisions in prior cases that make clear that “[w]hen “mental illness” is present and apparent in a police encounter, it “must be reflected in any [Fourth Amendment] assessment of the government’s interest in the use of force.” In other words, this Court has clearly established that when police officers perceive signs of a person’s mental disability, they “should make a greater effort to take control of the situation through less intrusive means.”

Date Filed
Docket Number / Citation
Amicus Brief PDF