It is happening again, the liberalization of the United States Constitution by our Federal Appeals Courts. The United States Court of Appeals for the 4th Circuit includes the State of Ohio. Just this month the Appeals Court ruled on police use of the Taser and Force Analysis when dealing with persons of diminished capacity. Translating the gobbledygook into American speak, the Appeals Court restricted the use of the TASER by police and corrections officers when dealing with criminals, inmates or persons who may be psychologically impaired.

For years some of the public has cried out about police violence. The old court rulings said a LEO could use enough force to effectively make an arrest. Police have the right to go home at the end of their shift and were allowed to use a level of force necessary to effect the arrest.

For a long period police used night sticks, truncheons, slappers and so on to encourage the resisting person to comply with police orders. There was a Use of Force Continuum which allowed police to escalate their use of force as the subjects use of resistance increased. With the recent court decision, the police must now reduce the use of force when dealing with people of a diminished capacity or who are not going to be charged with a crime.

In the case at hand, a man with schizophrenia was taken to a hospital by his sister to be treated. The hospital doctor agreed the man could be a danger to himself and ordered an involuntary commitment for mental evaluation. The man became afraid and left the hospital. The local police, hospital security and the man’s sister tried to convince the man to return to the hospital. The man tried to go into the street to escape but was convinced by the police to return to the curb.

The man then sat next to a pole and wrapped his legs and arms around the pole and would not let go. The man was not going to be arrested and charged with a crime, just be admitted to the hospital like any patient for evaluation.

Did the police shoot the man? No they did not. They did not use their night sticks to beat the man into submission either. What they did do was remove the cartridge of barbs from a TASER and drive stun the man. The drive stun is a pain compliance electronic device, intended to inflict enough shock to convince the person to submit.

So we have police being concerned for the man’s safety and wanting to follow the doctor’s commitment order which is required in Ohio. In this case, the man being of diminished capacity did not submit and was drive stunned five times. The man finally let go of the pole and was handcuffed and as he was kicking, he had his ankles shackled.

For some reason not detailed in the case file, the man died. I do not know if he died of a heart attack, fear, shock or what. But sadly the police officers good intentions came back to bite them and the man was not helped.

So what did the Appeals Court rule? They used the opportunity of one sad incident that was not at all malicious to limit the use of a self-defense weapon that has proved over and over again to be less harm than shooting or beating the guy.

So what was the suggestion, with three police and two security they had more than enough to subdue the man. The court claimed de-escalation was called for. Fine, let’s all stand around and talk and give the man the opportunity to again run out into traffic or get up and start fighting. Once again we are getting into using physical force which results in kicking, punching and spitting and criminal charges of resisting arrest with officers themselves sustaining injuries to their backs, appendages and all that go along with resisting. And the poor guy did not need criminal charges filed to exacerbate his problems.

I am not making light of the fact that a man lost his life, to unstated reasons. His family has to live with the loss; the sister has to live with having seen her brother die and the police will live with the guilt of having tried to help a person only to have him die.

But the Appeals Court did not miss a chance to liberalize our Constitution. Common sense would indicate perhaps a little more training on the use of the drive stun mode when it is obvious it is not working. But no, now all police and corrections must not use the drive stun mode. At least until a higher court of jurisdiction believes the court overstepped their limits.

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