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