Use of ForceQuestion 73 of 200
Use of force on a minor, an elderly person, or a person with apparent disability requires:
a.The same calibration as on any other adult
b.Force in proportion to property value
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, ever
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)Practice all 200 questions free — no signup required.
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