Ninth Circuit Rules Deadly Force Justified in the Fatal Shooting of a Knife-Wielding, Mentally Ill Man

• Use of deadly force and the issue of reasonableness 
• The Graham factors 
• Handling of mentally ill, suicidal individuals 
• Qualified immunity from civil liability 

In determining the lawfulness of the use of deadly force, a court is to determine whether the officer’s actions were reasonable under the circumstances at the time. In determining reasonableness, the court is to consider the severity of the crime, whether the suspect posed an immediate threat and whether the suspect was actively resisting or evading arrest. An officer’s pre-shooting tactics are entitled to little weight, and, by themselves, do not establish that a resulting shooting was unreasonable.  

The fact that the person upon whom deadly force is used may be mentally ill is irrelevant to the issue of the reasonableness of the force used to subdue him. An officer is required to warn about the impending use of deadly force only when it is feasible to do so. In an excessive use of force civil case, an officer is entitled to qualified immunity absent prior legal precedent to the contrary, clearly established by preexisting case law.

On Dec. 10, 2018, city of Redwood officers responded to a call concerning a man attempting to ....