Lombardo v. ST. Louis

U.S. Supreme Court · decided June 28, 2021 · Supreme Court Database (Spaeth)

Decided
June 28, 2021
Term
October Term 2020
Vote
6–3
Issue area
Due Process
Disposition
Vacated and remanded
Outcome
Petitioning party won
Ideological direction
Liberal

Opinion excerpt

Cite as: 594 U. S. ____ (2021) 1 Per Curiam SUPREME COURT OF THE UNITED STATES JODY LOMBARDO, ET AL. v. CITY OF ST. LOUIS, MISSOURI, ET AL. ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT No. 20–391. Decided June 28, 2021 PER CURIAM. On the afternoon of December 8, 2015, St. Louis police officers arrested Nicholas Gilbert for trespassing in a con- demned building and failing to appear in court for a traffic ticket.1 Officers brought him to the St. Louis Metropolitan Police Department’s central station and placed him in a holding cell. At some point, an officer saw Gilbert tie a piece of clothing around the bars of his cell and put it around his neck, in an apparent attempt to hang himself. Three offic- ers responded and entered Gilbert’s cell. One grabbed Gil- bert’s wrist to handcuff him, but Gilbert evaded the officer and began to struggle. The three officers brought Gilbert, who was 5’3” and 160 pounds, down to a kneeling position over a concrete bench in the cell and handcuffed his arms behind his back. Gilbert reared back, kicking the officers and hitting his head on the bench. After Gilbert kicked one of the officers in the groin, they called for more help and leg shackles. While Gilbert continued to struggle, two officers shackled his legs together. Emergency medical services personnel were phoned for assistance. Several…

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