Overuse of Force With Individuals With Disabilities

“Tom” (identifying features changed) is 40 years old, and 6’6″ tall. “He’s like a big teddy bear,” his mother says. He has an intellectual disability and has struggled with depression.He has never hurt anyone.

Tom is fortunate to have resources. He lives independently in an assisted living facility, a 15-minute drive from his parents. He is an avid Pokemon card collector and a frequent visitor to the neighborhood library. He also loves Snickers bars – which is a problem becuase he has borderline type II diabetes. His parents control his access to spending money and try to limit his sweet intake.

Occasionally, when he doesn’t have any spare cash, Tom steals a few Snickers bars from a neighborhood store. His caretakers have repeatedly counseled him to stop this behavior, but he sometimes gives in to the urge. the staff of the local establishments know Tom; they call his parents for payment if they catch him taking merchandise without paying.

This summer, Tom walked 4 miles to a new CVS. He grabbed a few Snickers, put them in his pocket, and walked out. The cashier followed Tom out of the store,and a newly-hired police officer happened to be in the parking lot. The officer yelled “Stop!” but Tom was frightened and overwhelmed and started to run; the officer pursued and tackled him. After Tom was cuffed and charged, he was brought to the nearest police station where his parents picked him up. The local police force knows Tom, but this connection didn’t protect him during a volatile moment with a new hire.

The story doesn’t end there. A court hearing was scheduled. His assisted living facility sent him home to live with his parents until the charges were eventually dropped. His parents are in their 70’s; the experience was highly stressful for the entire family.

Tom’s story is not unique. In September 2011, officers stopped Gilberto Powell, a 22-year-old man with Down’s Syndrome, concerned that a bulge under his shirt was a gun. Gilberto had difficulty answering questions and resisted the pat-down.In response, the officers pushed him to the ground and struck him on the face. Only after using extreme force did the officers realize that Gilberto’s bulge was a colostomy bag. They defended their actions,stating that they did not know Gilberto was disabled.

Police brutality in America is a notable issue;