2nd Circuit - Court of Appeals

Jonathan Mercedes v. City of New York et. al. involves a false arrest under NY State Mental Hygiene Law Section 9.41. Jonathan Mercedes was arrested by police despite officers observing no action by Mr. Mercedes that indicated that he was a danger to himself or others. The NY State Mental Hygiene Law has received heightened public attention recently, following NYC Mayor Eric Adams' announcement that he intends to use it to forcibly hospitalize unhoused people.

The majority panel’s decision enlarges the realm of police encounters where less lethal force can be applied for a long enough period to become deadly. In light of the number of deaths that result from prolonged police dog maulings, tasings, and restraint holds, immunizing these forms of force against a subdued individual could lead to more avoidable police killings in the Second Circuit. While the majority’s opinion seeks to justify its divergence from other circuits because the officers may have feared a subdued Mr.