feb 15, 1992 - Russo v. The City of Cinncinati

Description:

U.S. Court of Appeals, Sixth Circuit

Summary:
Thomas Bubenhofer was a patient on leave to visit his sister, Karen Russo, from Rollman Psychiatric Institute. Bubenhofer left Russo’s home after stating that he did not wish to return to the institute, and the police were contacted. Officers were informed that he was suicidal, homicidal, and dangerous to police, and they tracked him down at his apartment. Sgt. Richard Sizemore forced the apartment door open and immediately tazed Bubenhofer, who was holding a knife in each hand. He was shot three more times with the taser and 22 times by gunshot by Sgt. Sizemore and another officer. The family of Bubenhofer filed a complaint on the grounds of excessive use of force, unconstitutional warrant-less entry, and failure to train officers on the part of the City of Cincinnati.

Decision:
- The officers acted under the exigent circumstance of reasonable belief that Bubenhofer was in imminent danger of suicide.
- The use of non-lethal force was justified due to officer’s knowledge at the time, but lethal force was unjustified.
- Training for officers regarding mentally-ill people is woefully inadequate.

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