Vol. 40 No. 2 NO QUALIFIED IMMUNITY ON EXCESSIVE FORCE CLAIM WHERE POLICE USED BODYWEIGHT FORCE ON THE BACK OF A PRONE INDIVIDUAL WHO WAS MENTALLY ILL, NOT SUSPECTED OF A CRIME, AND DID NOT PRESENT A RISK TO OFFICERS OR OTHERS
In its July 2024 decision in Scott v. Smith,[1] a Ninth Circuit Court of Appeals panel denied qualified immunity to police officers on an excessive force claim in which an officer temporarily used bodyweight compression on a prone individual’s back and neck. In reaching its conclusion, the Court noted the individual was mentally ill, was […]