On behalf of the California State Association of Counties, The League of California Cities, and the International Municipal Lawyer’s Association, Daley & Heft partner Lee H. Roistacher prepared a brief in support of the City of Newport Beach’s petition for certiorari to the United States Supreme Court in 892 F.3d 1024 (9th Cir. 2018.) [18-672 tsac CSAC et al]
The primary issue raised for review in the petition for certiorari is whether Title II of the American’s with Disabilities Act requires individual law enforcement officers to provide accommodations to the disabled (e.g., those suffering from mental illness) during dangerous or potentially dangerous encounters.
Other issues raised include whether mental illness and a law enforcement officer’s perforce tactics should be factors considered in the Fourth Amendment’s objective reasonableness analysis when evaluating whether force used was excessive under the Fourth Amendment.
Lee H. Roistacher, Esq., Email: lroistacher@daleyheft.com