21 фев 2001 г. - Cruz v. City of Laramie

Описание:

U.S. Court of Appeals, Tenth Circuit

Summary:
A call was made to the Laramie Police Department regarding Thomas Cruz, who was naked and behaving very erratically in a public space. Officers Bonnie Noel and Richard Michel arrived, and an ambulance was called. The officers tried to calm Cruz, but were unsuccessful. Cruz approached the officers and tried to pass them, and the officers wrestled Cruz to the ground and handcuffed him. Officer Ben Fritzen arrived and restrained Cruz’s ankles to prevent him from kicking, and connected the ankle restraints to the handcuffs. The distance between wrist and ankle restraints was disputed by the officers, but the evidence pointed towards a distance of 12 inches or less. This distance qualifies as a “hog-tie” in the Tenth Circuit. Cruz calmed down and became very pale, and later died at the hospital, where it was found he had a large amount of cocaine in his system. Cruz’s brother sued everyone he could in personal and professional capacities.

Decision:
The use of restraints that qualify as hog-ties on people with diminished capacity, including people who are intoxicated, is an unreasonable use of force, and less restrictive means are mandated.

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