Week of May 15, 2024

In a case that demonstrates how difficult a jail suicide claim can be, court finds that detainee’s bizarre behavior at time of arrest did not put arresting officers on notice that he was at substantial risk of suicide; medical intake form which detailed detainee’s prescription medications, diagnoses including depression and history of suicide attempts did not show actual knowledge by jail officers and nurses that detainee was at substantial risk of suicide; existence of records from detainee’s prior detentions, showing he was checked by jail staff every 15 minutes for eight hours during eac

Court affords officers qualified immunity for takedown of plaintiff; holds summary judgment inappropriate for excessive force claim based on officers kneeling on plaintiff’s back after takedown due to factual dispute about circumstances, but holds crediting plaintiffs account of event, officers not entitled to qualified immunity because “applying pressure to the back of a prone suspect who no longer resists arrest and poses no flight risk is an objectively unreasonable use of force”.

Officer’s use of deadly force against suicidal man was reasonable, even though man had already harmed himself when officers arrived, officers did not attempt to reposition themselves when he approached them, man was not suspected of having committed crime, but he was holding knife, was non-communicative, and failed to respond or comply with officer’s command to “drop the knife,” but instead quickly approached officers, holding knife out towards them.

Arresting plaintiff for moving a barricade to exit a private parking lot violated her rights—no probable cause because law did not prohibit her from removing barricade and no signs prohibited its removal; court folds excessive forest claim into illegal seizure of the person claim, because if an officer does not have the right to make an arrest, he does not have the right to use any degree of force in making that arrest.