{"id":8615,"date":"2013-04-13T22:05:43","date_gmt":"2013-04-14T03:00:03","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-04-13T22:03:48","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=8615","title":{"rendered":"CA6: It is clearly established that gratuitous violence can’t be used on arrestees; this one died"},"content":{"rendered":"

It was clearly established law that officers could not use gratuitous violence against a mentally unstable unarmed arrestee. Martin v. City of Broadview Heights<\/a>, 2013 U.S. App. LEXIS 7094, 2013 FED App. 0101P (6th Cir. April 9, 2013):<\/p>\n

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In examining the second Graham factor\u2014which focuses on the officers’ conduct in light of any “immediate threat” Martin posed to their safety and that of others\u2014we “must take into account” that the officers “had reason to believe that [Martin] was either on drugs or mentally unstable and they knew that he was unarmed.” Landis v. Baker, 297 F. App’x 453, 465 (6th Cir. 2008) (citing Deorle v. Rutherford, 272 F.3d 1272, 1282-83 (9th Cir. 2001)). Martin was completely naked when he approached Tieber. If Tieber was not sure that Martin was unarmed as he drew near, this became apparent when Martin turned away from Tieber and put his hands behind his back to allow Tieber to handcuff him. From the first, Martin exhibited clear signs that he was distraught: he was unclothed, acting erratically, making incoherent statements, yelling for help, and asking to be taken to jail.<\/p>\n

Tieber’s response to this situation\u2014tackling Martin and falling on top of him\u2014was unreasonable. Dr. McCauley, the estate’s police-practices expert, testified that instead of taking Martin down to the pavement when he did, Tieber should have initiated “verbal intervention” to calm Martin and allow time for back-up officers to arrive. Dr. McCauley concluded that a reasonable officer in this situation\u2014faced with an unarmed and distraught individual like Martin\u2014would try to de-escalate the situation and reduce the level of force needed to gain control.<\/p>\n

Instead, Tieber and his colleagues used severe force that did not match the threat Martin presented. After Tieber laid on Martin, belly to back, Semanco dropped his knee into Martin’s side, fell on top of him, and delivered one or two “compliance body shots” to Martin’s frame. Tieber then punched Martin twice in the face, and Semanco struck his face, back, and ribs at least five times. Tieber wrapped his legs around Martin’s upper thighs, hips, and pelvis, and gripped Martin’s chin or neck with his right arm. Zimmerman kneeled on Martin’s calves, helped cuff him, and used force to keep him down. Even after Martin was handcuffed and subdued, Zimmerman and Tieber used their arms to keep Martin in a face-down position, and did not roll Martin onto his side until he made a “gurgling” noise. In sum, the officers’ response to the threat Martin posed to them or others was unreasonable.<\/p><\/blockquote>\n

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