Case v. Montana · ¶30

In these kinds of circumstances, the presence of law enforcement at times can escalate the situation rather that ameliorate it, putting both the occupant and the officers in danger. See, e. g., Chamberlain v. White Plains, 960 F. 3d 100, 101–104, 108 (CA2 2020) (officers repeatedly attempted entry of the home of a person with a known “history of mental illness,” eventually shooting and killing the occupant after he repeatedly said he was “ `okay' ” and officers saw he did not need medical attention); Bailey v. Kennedy, 349 F. 3d 731, 734–736, 744 (CA4 2003) (officers attempted to enter house based on a neighbor's report of suicide, eventually kicking and striking occupant to arrest him, despite occupant telling the officers that he was not suicidal and that they should leave). The risk of escalation is also heightened by the prevalence of frearms in nearly half of American…

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