Use of Force in Subduing an Unruly Arrestee/ The Use of Force and Civil Liability:

• Use of Force in Subduing an Unruly Arrestee
• The Use of Force and Civil Liability

A police officer’s use of force against a resisting arrestee must be “objectively reasonable” under the circumstances to be lawful, taking into account the surrounding circumstances.

St. Louis police officers arrested Nicholas Gilbert—all 5’3” and 160 pounds of him—on  December 8, 2015, for trespassing and failing to appear in court for a traffic ticket.  He was transported to the St. Louis P.D. central station and put into a holding cell.  At some point it was noticed that Gilbert was trying to hang himself with a piece of clothing that he had tied to the bars of his cell and strung around his neck.  Officers immediately grabbed him and tried to handcuff him, but Gilbert started to resist.  And so the fight was on.  Once the continually resisting Gilbert was handcuffed, he started to kick, catching one officer in the groin.  So leg shackles were used to secure his feet.  Up to six officers attempted to hold defendant down as he continued to struggle.  ....