California Police Brutality Lawyer Blog

A mentally ill man died Tuesday morning outside of a board-and-care facility in San Bernardino after police allegedly used a taser on him for resisting arrest. 29-year-old Jonathan White died while in police custody after officers responded to a call from the man's mother who told dispatchers White removed his clothes and began yelling uncontrollably. She purportedly warned law enforcement it would take multiple officers to control him.

After an unsuccessful attempt to take White into custody, police reportedly used pepper spray and a taser on the man in a failed effort to subdue him. Police then seemingly continued to struggle with White until more officers arrived. White, who according to his mother suffered from both schizophrenia and bipolar disorder, stopped breathing while in police custody as paramedics evaluated him on the street. He was pronounced dead at St. Benardine Hospital and his death is currently under investigation by the coroner.

According to reports, White was allegedly yelling, throwing items and threatening residents but failed to actually harm anyone. Although his mother told reporters police never struck White, law enforcement officers purportedly used multiple forms of so called non-lethal weaponry on the man instead of waiting for back-up.

Police officers are expected to use force in some circumstances. Police officers are granted qualified immunity from liability so long as they act in good faith while engaging in their duties. Plaintiffs can overcome this presumption, however, by showing an officer's conduct was excessive and out of bounds. In Tennessee v. Garner, the United States Supreme Court restricted police use of deadly force to a limited set of circumstances. Although few restrictions exist with regard to the use of non-deadly force such as tasers, rubber bullets and pepper spray, their use may still be excessive.

Here, White's family may have a civil tort claim against police responding to the call or the city of San Bernardino. A civil tort claim allows victims of police brutality to seek monetary damages for a wrong that is not criminal in nature such as assault, battery, wrongful death, false arrest or negligence. Additionally, White's family may be able to bring a claim against police for violations of his constitutional rights. Section 42 U.S.C. 1983 provides citizens with the ability to sue police officers and other individuals acting under color of law for violating the Fourth Amendment constitutional protection from the use of excessive force. A successful constitutional claim can result in money damages as well.

A police officer who unnecessarily beats or assaults an individual may also subject to state criminal charges. An officer who violates California Penal Code Section 149 may be fined, imprisoned or both.