Critical Incident Breakdown: Can The Use Of Body Weight Ever Be Considered Deadly Force?
This post is only offered as a discussion topic only and does not represent legal advice. Officers must refer to the laws in their own State as well as their agency's policies, which can be more restrictive on officers that the law requires.
Scenario: While working patrol, dispatch told an officer a mentally ill man called 911 and reported that there were people outside of his apartment with a saw. When the officer arrived, the man refused to answer the door and only made random statements through the door. After two minutes of back and forth discussion, he stepped out of his apartment with a metal pipe in his hand. Then, this happened:
Unfortunately, this man, named Roy Scott, became non-responsive and was pronounced deceased a short time later.
The officers and the agency were sued by Scott's surviving family, and five years later, on May 13, 2024, the 9th Circuit Court of Appeals heard arguments for this case. Here's an excerpt of the officer’s attorney speaking to the judge:
That leads us to ask: Can The Use Of Body Weight Ever Be Considered Deadly Force?
Answer: On July 30, 2024, the 9th Circuit Court of Appeals released their official opinion in Scott v. Smith. The court said, "(The officer) used bodyweight compression on Scott's back and neck during and shortly after handcuffing him. While (one officer) restrained Scott's lower body, (the other officer) kept his bodyweight on Scott's back and neck for about one to two minutes while Scott's pleas turned increasingly incoherent and breathless. Shortly after, Scott lost consciousness. He was declared dead after paramedics removed him from the scene. This was severe, deadly force."
They further explained, "Our precedent establishes that the use of bodyweight compression on a prone individual can cause compression asphyxia."
"We hold that (the officers) were not justified in using deadly force against Scott, a mentally ill person who was not suspected of committing a crime and presented little or no danger. Indeed, there are genuine issues of fact regarding whether any force was necessary." "...an officer pressed his weight against Scott's torso and neck, crushing him against the ground. And despite his pleas, and a lack of any apparent danger, they continued to detain him."
"...grievous injury does not serve the objective of taking an individual into custody to prevent injury to himself when he is not suspected of any crime."
"Defendants argue that Scott posed a threat because he had two weapons—a pipe and a knife. But at the scene, Scott immediately relinquished both objects when directed to do so, handing the knife to the officers with the handle out. He explained openly that he was mentally ill and paranoid and asked the officers to put him into their patrol car.
Taking the facts in the light most favorable to Scott, a jury could find he posed no threat to the officers."
"Scott was not suspected of a crime. Instead, he was taken into custody because of his mental health. Though they were presented with an individual experiencing a mental health crisis and presenting no obvious danger to others, (the officers) crushed Scott's back and neck to subdue him while handcuffing him. Scott also cried out with increasing distress and incoherence as the officers' force escalated. Reasonable officers would have known that their force was not reasonable and that it created a serious risk of asphyxiating Scott."
The officers were denied qualified immunity on the family's Fourth Amendment violation claims.
Now, as a shift, officers and sergeants should discuss methods for handling a similar call for service in their area. Some things to discuss are how ones response might change depending on whether or not mental illness is suspected and what crime, threat, and resistance the person is presenting.
Also, what are your agency's expectations for contacting people in a mental health crisis and when is an officer allowed to walk away? Finally, discuss when placing body weight on a subject is and is not appropriate.
If you are a subscriber to The Briefing Room and a California officer search The Briefing Room's video titled, “Positional Asphyxia under California Law”, which you can find in the Use of Force Category.
As always, this entire case opinion is available in the additional resources in The Briefing Room Learning Platform and be sure to refer to your agency policy which can be more restrictive on officers than the law requires.
This blog topic serves as a summary of our video lesson on this crucial topic. If you're interested in accessing the full video lesson and additional resources, click the link to register for your free 30-day trial.
The Briefing Room has a short training video available on this exact scenario so agency supervisors can easily train every officer in your agency on this essential topic.
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