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.  Finally, Gilbert was laid face down onto the cement floor with three officers holding his limbs down at the shoulders, biceps and legs.  At least one more officer placed pressure on his back and torso. Gilbert tried to raise his chest, telling the officers; “It hurts. Stop.”  Despite his complaints, he was held like this for some 15 minutes until he quit moving.  Noticing that Gilbert’s breathing had become “abnormal,” and that he had stopped moving, the officers rolled him onto his side, and then his back, to check for a pulse.  Finding none, CPR was performed.  He was transported to the hospital where he was pronounced dead. Gilbert’s parents (the Lombardos) sued in federal court pursuant to 42 U.S.C. § 1983, alleging that the officers had used excessive force against him.  The district (trial) court granted summary judgment in favor of the officers, concluding that they ....