Police officers are agents of the state. As such, they are held to relatively high professional standards. However, they are also humans who can make bad decisions and let their emotions dictate their behavior.
People sometimes experience police misconduct. Unlawful arrest, excessive force and illegal searches are among the most common forms of police officer misconduct. Sometimes, the people who experience inappropriate conduct from police officers have disabling medical conditions.
Do those individuals have any protection and rights under the law?
Federal statutes protect those with medical conditions
There are several key federal laws that extend protections to people with disabling medical conditions. Under both the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973, people with special needs have the right to the same treatment and consideration as any other person when interacting with law enforcement.
Officers should not treat them more harshly or deny them their basic legal rights because of their medical conditions. They also have the right to request certain accommodations if necessary when taken into state custody. The failure to acknowledge a person’s medical needs can lead to serious complications due to lack of accommodations and health care support.
A review of who is most vulnerable to police officer misconduct makes it clear that those with disabling medical conditions, especially mental health disorders or temporary mental health crises, are at especially high risk. As many as one in five fatal police shootings may involve people in agitated and abnormal states.
Taking legal action in response to the misconduct of police officers can prompt changes at local police departments and can compensate those harmed by the bad behavior of police officers.