S.F. woman shot by police has suit reinstated

A federal appeals court revived a lawsuit Friday by a mentally ill, knife-wielding San Francisco woman who was shot and wounded by police who broke into her room to take her for treatment.

In a 2-1 ruling, the Ninth U.S. Circuit Court of Appeals said a jury should decide whether two officers should have waited for backup help to arrive rather than charging into Teresa Sheehan's room and shooting her when she lunged at them.

Sheehan, then 56, suffered from schizophrenia and had threatened her social worker with a knife when he summoned police to her room on the second floor of a Mission District group home in August 2008, the court said.

Sgt. Kimberly Reynolds and Officer Katherine Holder called for backup after Sheehan came at them with a knife and threatened to kill them, the court said.

Shortly before help arrived, however, the officers re-entered the room, breaking down the door when Sheehan tried to block it. They tried to subdue her with pepper spray, but she continued to wield a knife, and they shot her five or six times, the court said.

Sheehan survived but needed two hip-replacement operations, a lawyer said.

Her suit accused the police of using excessive force and violating her rights as a disabled person. The officers argued that they re-entered the room, without a warrant, because they feared she might have access to other weapons or escape from the room. U.S. District Judge Charles Breyer dismissed the suit but was overruled by the appeals court, which said a jury could find the officers' second entry unjustified.

"A reasonable jury could find that Sheehan was in a confined area and not a threat to others," Judge Raymond Fisher said in the majority opinion. He said the officers entered with guns drawn, knowing that a deadly confrontation was likely.

Judge Susan Graber dissented, saying the officers faced an "ongoing emergency" and reasonably decided to re-enter the room.

Deputy City Attorney Peter Keith said the city is considering an appeal. He said the officers had made every effort to "take her into custody without having to use deadly force."

Read the ruling: http://1.usa.gov/NiPuS4.