On April 15, 2024, the Federal Court of Appeals for the Ninth Circuit affirmed the decision of the district court that gave Fresno, California officers and a paramedic qualified immunity in connection with the death of Joseph Perez.
According to the court, Fresno (FPD) police officers observed Perez “standing in the roadway, waving his arms, and yelling what sounded like ‘help’ in their direction. … [H]e was talking to himself, stating that people were chasing and hitting him. … [T]he officers believed that he was under the influence of a controlled substance. According to the officers, to prevent Perez from darting into traffic on the four-lane roadway or charging at the officers near the roadway, they seated Perez on the curb and placed him in handcuffs.”
Fresno County Sheriff’s officers (FCSO) responded and “found Perez seated, handcuffed, and surrounded by the FPD officers.” Perez stood up and refused commands to be seated. Officers forced him to the ground on his stomach. While on the ground, Perez continued to struggle and resist attempts to control him.
An FPD officer called for emergency medical services (EMS) to assist in executing a statutory involuntary psychiatric detention.
According to the court, “When EMS arrived, the paramedics retrieved a backboard. Paramedic Morgan Anderson stated that they were going to attach Perez to the board while he was prone so that he could be medically transported. The officers … assisted the paramedics in applying the backboard. … Perez yelled that he could not breathe. Anderson nevertheless told one of the officers to sit on the backboard.”
An officer sat on top of the board for over a minute. “[O]ther officers applied pressure and worked with Anderson to secure the backboard.” Once secured to the backboard, EMS discovered that Perez did not have a pulse. He was declared dead after transportation to the hospital. The coroner determined the cause of death to be compression asphyxia during restraint and methamphetamine toxicity.
An officer sat on top of the board for over a minute. “[O]ther officers applied pressure and worked with Anderson to secure the backboard.” Once secured to the backboard, EMS discovered that Perez did not have a pulse. He was declared dead after transportation to the hospital. The coroner determined the cause of death to be compression asphyxia during restraint and methamphetamine toxicity.
Perez’s family sued the involved officers and Paramedic Anderson pursuant to 42 U.S.C. § 1983 for alleged Fourth and Fourteenth Amendment violations. [4] The district court judge determined that a reasonable jury “could find that the officers violated the Fourth and Fourteenth Amendment by applying pressure to the backboard while Perez was prone.” However, he ruled that the officers were entitled to qualified immunity because they did not violate clearly established law at the time of the incident. The court also granted Anderson qualified immunity because he did not violate clearly established law.