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Disability Law Commons

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Criminal Procedure

Brooklyn Law School

Constitutional Law; Criminal Law; Criminal Reform; Criminal Justice; Criminal Justice Reform; Mental Health; Police Accountability; Community Investment; Qualified Immunity; Policing; Police Reform; Defund Police; Mental Health Crisis; State-Created Danger; Disability Rights; Black Lives Matter; Law and Society; Law and Policy

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Full-Text Articles in Disability Law

Slaying The Serpents: Why Alternative Intervention Is Necessary To Protect Those In Mental Health Crisis From The State-Created Danger “Snake Pit”, Kathleen Giunta Jun 2022

Slaying The Serpents: Why Alternative Intervention Is Necessary To Protect Those In Mental Health Crisis From The State-Created Danger “Snake Pit”, Kathleen Giunta

Journal of Law and Policy

The Black Lives Matter protests in 2020 and ongoing reports of police brutality around the United States sparked extensive debate over qualified immunity and the legal protections that prevent police accountability. Individuals experiencing mental health crises are especially vulnerable to police violence, since police officers lack the requisite skills and knowledge to provide effective crisis support during mental health emergencies. Although the state-created danger doctrine was created by the courts as an exception to qualified immunity, it is so rarely applied that individuals harmed or even killed by police are left without legal remedy. This Note explores qualified immunity and …