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70 Vand. L. Rev. 1393 (2017)
Police Violence against People with Mental Disabilities: The Immutable Duty under the ADA to Reasonable Accommodate during Arrest

handle is hein.journals/vanlr70 and id is 1433 raw text is: Police Violence Against People with Mental Disabilities: The Immutable Duty Under the ADA to Reasonably Accommodate During Arrest INTRODUCTION.. ........................................... 1394 I. THE ADA: A REVOLUTIONARY PROMISE TO PEOPLE WITH MENTAL DISABILITIES......... ........ 1397 A. The ADA's Sweeping Nondiscrimination Protections... ............ 1398 B. Title II: Discrimination by a Public Entity........... 1399 II. THE CONTEXT OF ARREST: MULTIPLE INTERPRETATIONS OF TITLE II OF THE ADA.... 1402 A. Does Title IIApply to the Context of Arrest?..... 1403 1. The Fifth Circuit Approach ... .......... 1403 2. The Majority Approach .................. 1405 B. If Title II Applies to Arrest, What Is the Proper Standard for Evaluating Police Conduct?............ 1408 1. Wrongful Arrest Theory ................ 1408 2. Reasonable Accommodation Theory .......... 1410 3. The Role of Exigent Circumstances........... 1413 4. The Direct Threat Exception ............ 1415 III. THE LOGICAL AND ETHICAL SOLUTION: TITLE II REQUIRES REASONABLE ACCOMMODATION DURING ARREST-WITHOUT EXCEPTION................ 1416 A. Title II Applies to the Context of Arrest ................ 1416 B. The Reasonable Accommodation Theory Is a Logical Application of Title II and Mandates Modifications to Police Conduct and Training ..... 1420 C. Exigent Circumstances Should Never Exempt Police from a Duty to Reasonably Accommodate and Should Have a Limited Role in the Reasonableness Analysis ............. 1422 D. The Direct Threat Exception Should Not Apply to the Reasonable Accommodation Theory............ 1424 CONCLUSION ......................................... ....... 1425 1393

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