(Jan. 19, 2016) Three North Carolina police officers who Tased a mentally ill man to death while attempting to take him into custody are immune from prosecution, a three-judge panel ruled last week (”Cops Tased a mentally ill non-criminal to death, and they can't be prosecuted,” Courthouse News, Jan. 14).
In 2011, Ronald Armstrong, who had been diagnosed with bipolar disorder and paranoid schizophrenia, was off his medication and poking holes in his leg "to let the air out," his sister, Jinia Armstrong Lopez, said in a 2013 complaint.
Lopez took her brother to the emergency room, but he became frightened as he was being evaluated by hospital staff and ran away.
Responding to his uneven behavior, the Pinehurst police department was called. The officers arrived to find Armstrong acting erratically, eating grass and dandelions and putting cigarettes out on his tongue.
According to reports, officers surrounded Armstrong. They tried to pry his arms and legs free from a post he had wrapped himself around, but he was holding on too tightly. Two police officers joined them, and Armstrong's sister was standing nearby.
According to the complaint, one of the officers proceeded to draw his Taser and warn Armstrong that if he didn't let go of the post, the device would be used on him. Armstrong refused, and the officer Tased him five separate times over a two-minute period.
The officers applied handcuffs and shackled his legs, the ruling said. He was no longer moving and was unresponsive. They administered CPR, and he was transported to the emergency room where he was pronounced dead shortly after.
Lopez sued the police officers for use of excessive force in violation of Armstrong's rights, but qualified immunity protects officers who commit constitutional violations but who, in light of clearly established law, could reasonably believe that their actions were lawful.
The court determined that Armstrong's constitutional rights were violated and that excessive force was not warranted.
The enduring takeaway ought to be the recognition that the criminal justice system is inevitably flawed. A 2015 Treatment Advocacy Center report on police involved homicides found that the risk of being killed during a police incident is 16 times greater for individuals with untreated mental illness than for other civilians approached or stopped by officers.
While the officers in this case were granted immunity, this country is certainly not immune to the many far-reaching consequences of not treating its most severely ill. It’s time to say “enough is enough” and do what is necessary to provide treatment before tragedy.
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