an investigation or performed a flawed death investigation into the incident .
For example , in Roell v . Hamilton County et . al ., 21 the Sixth Circuit Federal Appellate Court affirmed summary judgment for three LEOs who controlled a subject exhibiting diminished capacity behaviors consistent with a mental illness and ExDS . Roell fought with the LEOs by using a hose , a basket , and punched and kicked at them . The LEOs used a Conducted Energy Weapon ( CEW ) in the probe and drive stun modes but it was ineffective . After muscling and grounding Roell , the LEOs controlled and restrained him with handcuffs and leg restraints , Roell became unresponsive , and LEOs initiated resuscitation efforts until relieved by paramedics . Roell was transported to the hospital where he was pronounced dead . The autopsy showed that the cause of death was from ExDS due to schizoaffective disorder and the death was classified as natural .
There was no evidence that the CEW contributed to Roell ’ s death and there was no evidence of asphyxia . The court ruled that the LEOs force measures applied were reasonable and necessary based on the totality of circumstances . The court also held that the county ’ s policies were adequate , that the LEOs were provided with adequate training , and that the sheriff conducted an adequate investigation . The court also rejected an ADA violation claim .
As the lawsuit proceeds through the civil litigation stages , many claims may be dismissed by the court , but the agency administrator and their defense counsel must be prepared to defend against each claim . Occasionally , courts have denied qualified immunity in these cases . 22-23 However , courts are more likely to award qualified immunity , as the Roell decision shows , when LEOs respond with reasonable force options based on the subject ’ s behaviors , and based on the totality of circumstances . Further , when administrators implement Constitutional policies and provide ongoing training to keep LEOs competent in all authorized use of force measures , and training on responding to subjects demonstrating diminished capacity , and provide proactive supervision of LEOs , liability can be averted .
Based on the review of the common claims filed in an ARD , administrators are encouraged to keep appraised of the court decisions on the use of force , as it continues to be a high liability area . Integrating these strategies , administrators can place their agency in the best position to defend against claims of excessive force and against administrative claims for failure to direct , train , and supervise LEOs .
REFERENCES 1 . Brave , M ( 2020 , June ). Law enforcement use of force standards , degrees of certainty , and scientific probabilities . Government Liability , 24-30 . 2 . Ross , DL ( 2018 ). Civil liability in criminal justice ( 7th Ed .). Routledge Publisher , NY . 3 . Graham v . Connor , 490 U . S . 386 ( 1989 ). 4 . Scott v . Harris , 550 U . S . 372 ( 2007 ). 5 . Kady v . City of Sandy , WL 5111101 ( D . Oregon , 2008 ). 6 . Ross , DL & Brave , M ( 2020 ). Assessing use of force liability and law enforcement response to the naked subject . Law Enforcement Executive Forum , 20 : 1-21 . 7 . Pratt v . Harris County , TX , 822 F . 3d 174 ( 5th Cir . 2016 ). 8 . Zubrod v . Hoch , No . 15-CV-02065-CJW ( D . C . N . D . Iowa , 2017 ). 9 . DeBoise v . Taser Int ’ l . Inc ., 760 F . 3d 892 ( CA8 , Missouri , 2014 ), cert . denied . 10 . Callwood v . Phenix City , WL 1122681156115 ( M . D . Alabama , 2016 ). 11 . Estate of Corey Hill v . Miracle , 853 F . 3d 306 ( 6th Cir . 2017 ). 12 . Thompson v . City of Indianapolis , WL 4365967 ( S . D . Indiana , 2018 ). 13 . Nelson v . Lott , 330 F . Supp . 3d 1314 ( D . Alabama , 2018 ). 14 . Cardall et al . v . Thompson et . al ., 845 F . Supp . 2d 1182 ( D . Utah , 2012 ). 15 . Estate of Mathis v . v . Kingston et al ., WL 1033771 ( D . Colorado , 2009 ). 16 . City and County of San Francisco v . Sheehan , 575 U . S . 600 ( 2015 ). 17 . Kisela v . Hughes , 584 U . S . ___ ( 2018 ). 18 . Monell v . NY City Dept . of Social Services , 436 U . S . 658 ( 1978 ). 19 . City of Canton v . Harris , 489 U . S . 378 ( 1989 ). 20 . Lewis v . City of West Palm Beach , FL , No . 08-12348 ( 11th Cir . 2009 ). 21 . Roell v . Hamilton County , Ohio / Hamilton County Brd . of City Commissioners , 870 F . 3d 471 ( 6th Cir . 2017 ). 22 . Martin v . City of Broadview Heights , 712 F . 3d 951 , 963 ( 6th Cir . 2013 ). 23 . Wroth v . City of Rohnert Park , WL 1766163 ( N . D . California , 2019 ).
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