2nd of Two New Force Decisions: Warning, Tasing, Shooting a Mentally Disturbed Person Holding a Knife

From the DA’s Desk 
By Robert Phillips, Deputy District Attorney (ret.) 

The Law of Summary Judgments: 

• Deadly Force Used on a Mentally Disturbed Person Armed with a Knife 

• Use of a Taser in an Attempt to Subdue a Violent Person Armed with a Knife 

• The Reasonableness of Pre-Shooting Conduct and the Fourth Amendment 

• Failing to Warn a Person That She is About to be Tased 

County of Nevada v. Superior Court (A.C., Real Party in Interest) (May 12, 2025) Cal.App.5th (2025 Cal.App. LEXIS 299) 

Rule: An officer’s shooting and killing a mentally disturbed person who is actively threatening officers with a knife is lawful as a matter of law. Closing the distance between a mentally disturbed person who is actively threatening officers with a knife for the purpose of tasing her is lawful. Warning a person that she is about to be tased is not necessary where the circumstances make it impractical to do so. 

Facts: In the early afternoon of February 4, 2021, the Nevada County Sheriff’s Department received several 911 calls from different people concerning a woman acting “really weird,” “really scared,” and appeared to be “not well,” as ....