Tonight we filed an amicus brief with the National Association of Criminal Defense Lawyers, urging the Supreme Court to review and reverse an appeals court decision ruling that the Constitution permits police officers to suffocate and kill a shackled and handcuffed arrestee.
This is what happened to George Floyd — except the victim here — Nicholas Gilbert, was locked in a jail cell, shackled and handcuffed when officers applied asphyxiating pressure to his back until he died.
We urge the Court to adopt a clear rule that police and guards cannot use asphyxiation against fully restrained individuals who pose no threat to the officers or others.
Nicholas Gilbert was being held in a Missouri jail on a simple trespassing charge when three officers rushed into his cell with handcuffs and leg restraints. stltoday.com/news/local/cri…
As many as six to eight officers joined the struggle which ultimately led to Gilbert hitting his head on the concrete bench in the 7-by-9 foot cell.
The officials continued to apply pressure to Gilbert after he was in handcuffs, leg shackles, and in a prone position — suffocating and bleeding from his head on the concrete floor.
Months after millions of people took to the streets to protest the brutal killing of George Floyd, it is crucial that the Court makes it clear that police and jailers cannot use lethal force against those detained in police custody.
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