Charles P. Bauer, Esquire
Gallagher, Callahan & Gartrell, P.C.
214 North Main Street
Concord, NH 03301
bauer@gcglaw.com
Geaux Tigers!
1
2
COMMON PROBLEMS TO LAW ENFORCEMENT
Persons with disabilities (PWD)
Emotionally disturbed individuals (EDI)
 Primary goals
1.
Serve & provide equal & impartial police
services to PWD/EDI
2.
Protect PWD/EDI from inequitable
treatment based on disability
3.
Accommodate PWD/EDI without
jeopardizing safety
3
AMERICANS WITH DISABILITIES ACT & NH LAW
 ADA – Title II – 1990 federal law protects
PWD
 RSA 354-A – NH state law protects PWD
 Equal opportunity to gov’t services
(i.e. police services), employment, public
accommodations, transportation,
telecommunications
4
DEFINITIONS
 Disability – physical or mental
impairment
 Substantially limits
 1 or more major life activities
 OR is regarded / perceived as
having a disability
5
POLICIES & TRAINING – PWD/EDI
Written policies
Training – with experts
Sensitivity & awareness
Communication & assistance with
supervisors
 Report writing
 Failure to train / supervise




6
PROTECTIVE CUSTODY
RSA 135-C:28, III
Probable cause
Demonstrated immediate danger of injury to
self or others
Medical referral, mental health referral, or
arrest
Official & Qualified Immunity
7
ARREST & DETENTION - EDI/PWD
 Totality of the Circumstances –
mental state is 1 factor
 Probable Cause / reasonable
suspicion – articulate & report
facts
 Official & Qualified Immunity
8
ARREST & DETENTION - EDI/PWD cont’d
Visually impaired
Mobility impaired
Hearing & Speech impaired
“Undue financial burden”
9
USE OF FORCE – EDI/PWD
 Graham factors:
1. Severity of crime at issue
2. Poses an immediate threat to safety
3. Actively resisting
4. Attempting to evade arrest by flight
10
USE OF FORCE – EDI/PWD cont’d
When dealing with PWD, consider
whether particular control/restraint
tactic is more dangerous/unreasonable
in light of disability
Can steps be taken to accommodate the
disability w/o jeopardizing safety?
11
USE OF FORCE – EDI/PWD cont’d
 PWD/EDI - Demonstrates Threatening Conduct
 Police officers may/must respond appropriately to
real & immediate threats to safety, even if the
result of disability or emotional disturbance
 Important - trained to distinguish between
conduct that creates real and immediate threat to
safety
 Important – conduct resulting from a disability not
be criminalized where no crime committed
12
BEST PRACTICES
 Take time to asses situation
 De-escalate
 Calming attitude-speech & actions – sirens, lights,
crowd
 Stay non-judgmental & non-threatening
 Do not threaten arrest, weapons, conviction
 Open 2-way communication
 Avoid certain topics
13
BEST PRACTICES cont’d
 Allow person to vent
 Do not approach too quickly or too soon – move slowly
– do not excite
 Provide assurance of support & assistance
 Try to be truthful
 Consider options
 Request back up
 Communicate with Supervisor
14
15