Reformulating Graham v. Connor’s Excessive Force Test to ADApt for Individuals with Disabilities

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I. INTRODUCTION

On February 7, 2020, Juston Root, a Black 1 man diagnosed with bipolar disorder and schizoaffective disorder, 2 was shot 31 times by Boston, Massachusetts police officers while he was on the ground, unarmed, seriously injured, and being attended to by EMS personnel. 3 “Riddled with bullets and covered in blood,” Mr. Root 4 died at the scene. 5 The police report did not mention that the responding officers knew from past encounters that Mr. Root likely carried only a paintball or BB gun. 6

On March 23, 2020, Daniel Prude, a Black man suffering from a psychotic episode, was suffocated by Rochester, New York police officers after running into the street naked yelling that he had COVID-19. 7 The responding officers handcuffed Mr. Prude who was “obviously in the throes of an acute, manic, psychotic episode,” and rather than calling for medical treatment, put a spit sock over his head and held Mr. Prude down for “over two minutes and 15 seconds” until he stopped breathing. 8 Left in a “vegetative state” at the scene, Mr. Prude died a week later. 9

On January 6, 2019, Andre Catrel Gladen, a legally blind Black man diagnosed with schizophrenia, was shot and killed by a Portland, Oregon police officer responding to a call that Mr. Gladen was sleeping on a stranger’s porch. 10 The officer’s knife, which a witness did not notice on Mr. Gladen during the altercation, was found in Mr. Gladen’s hand after his death. 11

Mr. Root, Mr. Prude, and Mr. Gladen are but a few of the countless of law enforcement violence with disabilities who died in 2019 and 2020 alone. 12 At least one third of the people shot and killed by law enforcement each year in the United States have a known disability. 13 Individuals diagnosed with a mental illness 14 are sixteen times more likely to be killed by law enforcement during a police encounter than other individuals. 15 An updated database of officer-involved shootings finds an astounding 1,529 people “showing signs of mental illness” were shot and killed by law enforcement in the last six years. 16 This tragic statistic only includes fatal shootings; chokeholds or other non-shooting uses of force, cases where the victim.