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.”
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