18 oct. 2007 - Hastings v. Barnes

Description:

U.S. Court of Appeals, Tenth Circuit

Summary:
Todd Hastings had contacted emergency services about his suicidal ideation, and police were dispatched for a well-being visit. Deputy Christopher Yerton spoke with Hastings through the open front door, but Hastings retreated to his bedroom. When Deputy Yerton followed, Hastings was holding a samurai sword like a baseball bat. Officer Michael Barnes sprayed Hastings with pepper-spray in an effort to get him to drop the sword, but Hastings advanced. The officers could not retreat due to the size of the doorway, and Officer Barnes and Officer Shane Davis both shot Hastings, who died at the scene. Hastings' brother, Clint, filed an action against the officers on the basis of a civil rights violation.

Decision:
A constitutional violation occurred because Hastings’ mental state and status as a non-criminal was known, and the officers behaved in a way that was aggressive, provocative, and escalated the situation to the point of lethal force.

Ajouté au bande de temps:

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