• Click here to read “Suicide by Cop,” an article in the Aug. 1998 issue of the FBI Law Enforcement Bulletin.
Monthly Law Journal Article: Suicide By Cop, 2007 (8) AELE Mo. L.J. 101.

     A motorist led police on a high speed chase for approximately 45 minutes before his vehicle could be disabled. When he then exited his truck, in a period of four minutes he attempted to seriously hurt himself, tried to provoke the officers to shoot him, threw rocks at the officers, and ignored orders to stop, moving forward to the officers while threatening them with a rock that was football size held over his head. Under these circumstances, the officers were entitled to qualified immunity for shooting and killing him, as it was objectively reasonable for them to fear immediate serious physical harm. The fact that he might have intended to commit "suicide by cop" did not alter the fact that the officers acted reasonably. Lal v. California, #2-15266, 2014 U.S. App. Lexis 5890 (9th Cir.).
     A teenager was discovered at home by his mother. holding a knife to his abdomen. He had made a suicide attempt approximately a month before. Police respond to a 911 call. The youth challenged officers to "fucking shoot me." An officer shot and killed him as he ignored orders to drop the knife, instead advancing on the officer while raising the knife in a threatening manner. The use of deadly force was justified. Elizondo v. Green, #10–11177, 2012 U.S. App. Lexis 2917 (5th Cir.).
     Officers who shot and killed a man who demanded they kill him were not entitled to summary judgment on his estate's federal civil rights claim for excessive force when there was a factual dispute over whether he was armed with a knife at the time of the shooting, and whether he posed an immediate threat to them. Murphy v. Bitsoih, 320 F.Supp.2d 1174 (D.N.M. 2004). [2004 LR Nov]
     Family of mentally disturbed man who allegedly committed "suicide by cop" could not pursue California state law negligence lawsuit for wrongful death against city and officers following summary judgment for the defendants in their prior federal civil rights lawsuit. Appeals court also finds no violation of California state constitutional rights. City of Simi Valley v. Superior Court (Bayer), No. B166917, 4 Cal. Rptr. 3d 468 (Cal App. 2003). [2003 LR Dec]
     Town and police supervisory personnel were not liable for failing to prevent a police officer's suicide with his service revolver; even if a due process obligation existed to take additional steps to prevent the suicide, it was not clearly established in 1998 when officer took his life, entitling individual defendants to qualified immunity. Estate of Smith v. Town of West Hartford, 186 F. Supp. 2d 146 (D. Conn. 2002). [2002 LR Jun]
     Family of man shot dead after he threw a knife at officers and screamed "Suicide by cop!" receives $1.25 million settlement in lawsuit against city in which plastic gun was allegedly "planted" at the scene of the shooting to justify it. Runnels v. City of Miami, U.S. Dist. Ct. No. 00-2930 (S.D. Fla. 2002). [2002 LR Jun]
     Shooting and killing of suicidal individual armed with a shotgun who had only pointed his weapon at himself would have been unreasonable if he stopped advancing on officers at the time he was shot, but trial court must still determine whether the law on that subject was clearly established at the time of the incident in order to rule on officer's defense of qualified immunity. Bennett v. Murphy, #00-2667, 274 F.3d 133 (3rd Cir. 2001).
     Genuine issue of fact as to whether intoxicated suicidal person armed with a knife was "lunging" at officers when they shot and killed him or merely "leaning forward" barred summary judgment for officers in wrongful death lawsuit. Prior v. Pruett, No. COA00-415, 550 S.E.2d 166 (N.C. App. 2001).  [N/R]
     340:51 Police supervisor who dispatched officers to a field where a youth was threatening to kill himself had no liability for the youth's subsequent death based on his failure to issue detailed commands via radio to those on the scene; no "coverup" was shown simply based on his instructions to two officers to prepare a joint report rather than writing individual accounts, when he had no reason to think any crime had occurred. Ford v. Moore, No. 99- 9303L, 99-9305, 99-9315, 237 F.3d 156 (2nd Cir. 2001).
     338:19 Officer acted reasonably in shooting and killing a man who, having stated that he would kill officers if he was not killed himself, charged at the officer with a metal object held in a threatening position. Campbell v. City of Leavenworth, No. 83,833, 13 P.3d 917 (Kan. App. 2000).
     332:119 Police officer acted reasonably in shooting and killing man, armed with a knife, who had threatened suicide and had already injured himself; officer reasonably could have believed that man, who refused several orders to drop the knife, was coming towards officers and might injure or kill one of them. Wood v. City of Lakeland, FL, #98-3171, 203 F.3d 1288 (11th Cir. 2000).
     327:39 Officer was legally justified in shooting and killing a man advancing towards two officers with a knife held to his own throat who had previously stabbing his brother; the fact that he posed a threat to the officers rendered irrelevant any evidence of possible alternate strategies officers might have used prior to that point, or evidence concerning the officer's past disciplinary records or city use of force policy. Yellowback v. City of Sioux Falls, #20719, 600 N.W.2d 554 (S.D. 1999).
     321:138 City could not be liable for alleged failure to adequately train, supervise, and discipline an officer who shot an arrestee when officer's actions in shooting arrestee, who had come towards him brandishing a screwdriver, were objectively reasonable; municipal liability must be based on policy causing a violation of plaintiff's rights. Henderson v. Munic. of Cool Valley, 17 F.Supp. 2d 1044 (E.D. Mo. 1998).
     317:74 Police officers who shot and killed suicidal man were improperly granted qualified immunity when factual issues concerning whether man had threatened to get a gun or was coming at the officers holding knives were unresolved. Sova v. City of Mt. Pleasant, #96-2480, 142 F.3d 898 (6th Cir. 1998).
     316:56 Officer acted reasonably in shooting and killing a man armed with a knife who ignored commands to drop it and advanced towards him. Sigman v. Town of Chapel Hill, #97-1652, 161 F.3d 782 (4th Cir. 1998).
     310:147 Officers' alleged verbal harassment of youth they issued traffic citation to and then drove to a location near his home and released could not be the basis for federal civil rights claim for youth's subsequent suicide. Brouhard v. Village of Oxford, 990 F.Supp. 839 (E.D. Mich. 1997).
     301:3 Village was not liable for inadequate training of officers in dealing with abnormally acting individuals when there was no evidence of knowledge of a need for further training in this area; officer who shot and killed disturbed individual who asked police to kill him found to have used excessive force and jury awards $165,000 in damages. Palmquist v. Selvik, 111 F.3d 1332 (7th Cir. 1997).
     302:21 Deputy's shooting and killing of mentally disturbed man was not disability discrimination in absence of showing that decedent was a "qualified individual with a disability" or that he was somehow "denied public services" because of such a disability. Thompson v. Williamson County, 965 F.Supp. 1026 (M.D. Tenn. 1997).
     299:169 Sheriff's deputies acted reasonably in shooting and killing man intoxicated on PCP and armed with a knife who slowly advanced towards them and announced his intention of killing them if they did not shoot him. Martinez v. Co. of Los Angeles, 47 Cal.App.4th 334, 54 Cal.Rptr.2d 772 (1996).
     279:42 Homeless man's status as "emotionally disturbed" person was relevant to issue of whether officers acted objectively reasonably in shooting him without warning after he displayed a knife and ran away from them. Ludwig v. Anderson, 54 F.3d 465 (8th Cir. 1995).
     Officer was entitled to qualified immunity for use of deadly force; court rules that:
     ·  Officers are not compelled to adopt alternative approaches to avoid creating a situation where deadly force must be used;
     ·  Officers do not have to first attempt to use nondeadly alternatives when the use of deadly force has become necessary;
     ·  Police departments and other law enforcement agencies are not required to provide officers with equipment which might be a substitute for the use of deadly force, such as dogs, tasers, capture nets, CS gas, rubber bullets, sticky foam, or beanbag projectiles;
     ·  Officers have no obligation to simply "walk away" from a situation where the use of deadly force is justified; and
     ·  Officers have no obligation to keep themselves a particular distance or to maintain a barrier between the suspect and themselves. Plakas v. Drinski, 19 F.3d 1143 (7th Cir. 1994), cert denied, 115 S.Ct. 81 (1994). {N/R}
     Deputies were not liable for suicide of mentally ill woman who shot herself in the bathroom of her house as they attempted to serve her with an arrest warrant for failing to show up for court on a speeding ticket Wilson v. Northcutt, 987 F.2d 719 (11th Cir. 1993).
     Police officers' shooting of paranoid schizophrenic man twenty-two times presented a jury question on excessive use of force; while decedent was armed with knives, he may not have posed a serious threat of harm following a first or second round of shots; plaintiffs also stated a claim against city for inadequate training on use of force on disturbed persons. Russo v. City of Cincinnati, 953 F.2d 1036 (6th Cir. 1992).
     Court overturns $1.24 million award against deputy in shooting death of suicidal woman; trial court failed to assess possible objective reasonableness of deputy's action in firing when he believed that woman may have been pointing her weapon at him; county's liability under state law for negligent failure to train or supervise deputies on how to deal with potential suicides upheld, however. Quezada v. Co. of Bernalillo, 944 F.2d 710 (10th Cir. 1991).
     Bureau of Indian Affairs officer properly shot intoxicated man running at officers with rifle pointed at them; fact that rifle was later found to be unloaded was irrelevant to officer's decision to use deadly force at the time. Waybenais v. U.S., 769 F.Supp. 306 (D. Minn. 1991).
     Use of deadly force against hospital patient brandishing knife did not violate the Fourth Amendment. O'Neal v. DeKalb County, Ga., 85O F.2d 653 (11th Cir. 1988).
     See also: Firearms: Intentional Use