City of San Francisco v. Sheehan, Amicus Brief, U.S. Supreme Court, The American Psychiatric Association, et al, (2015)

This is one of two amicus briefs submitted to the U.S. Supreme Court on behalf of several disability rights and mental health advocacy organizations in the case San Francisco v. Sheehan. The central issue in San Francisco v. Sheehan is how the Americans with Disabilities Act (ADA), which requires government agencies to make reasonable accommodations for disabled individuals, applies to police conduct toward a mentally ill person who may be violent.

In 2008, police were summoned to carry out an involuntary psychiatric commitment when Sheehan, who is schizophrenic, threatened her social worker with a knife in a group home. Two police officers arrived and called for backup when Sheehan also threatened them with the knife. Before backup arrived, the officers broke down the door to Sheehan’s room, pepper-sprayed her, and shot her several times. Sheehan was seriously injured, but survived the shooting and sued for damages under the ADA.

A district court judge granted the City of San Francisco’s request for summary judgment and dismissed the case. The ruling was overturned by the U.S. Court of Appeals for the Ninth Circuit. The City of San Francisco has appealed the circuit court ruling to the U.S. Supreme Court.

The American Psychiatric Association amicus brief argues that the ADA does require reasonable accommodations for mental illness during an arrest, and that, in the context of involuntary civil commitment, the question of reasonable accommodation applies to the entire encounter between law enforcement and an individual with mental illness, and that such accommodation can be achieved with already existing protocols and procedures.

An additional amicus brief in this case was filed by the American Civil Liberties Union.

Oral arguments before the U.S. Supreme Court are scheduled for March 23, 2015.