Use of ForceQuestion 73 of 200

Use of force on a minor, an elderly person, or a person with apparent disability requires:

a.Exactly the same calibration as on any other adult, since treating some subjects more gently than others would itself be a form of unlawful discrimination
b.Force in proportion to the value of the property involved, so that a more valuable item justifies a firmer response whatever the subject's age or physical condition
c.Heightened reasonableness analysis — the totality-of-circumstances test under Graham v. Connor considers the subject's age, frailty, and capacity to comply, and the ADA imposes additional considerations for individuals with disabilities
d.No force at all, ever — a minor, an elderly person, or a person with an apparent disability may not lawfully be touched by a security guard under any circumstances

Explanation

Reasonableness under Graham v. Connor is fact-specific and considers all circumstances including the subject's physical condition, age, mental capacity, and apparent disability. The Americans with Disabilities Act (Title II, 42 U.S.C. §12132, and Title III places of public accommodation, §12182) also constrains how persons with disabilities are treated by entities receiving federal funds and is regularly applied in §1983 force litigation. Use of force may still be lawful in defense of self or others, but the calibration is more cautious. Options (a), (b), (d) misstate the analysis.

Law Reference: Cal. Penal Code §835a; Graham v. Connor; ADA Title II (42 U.S.C. §12132) and Title III (§12182)

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