When Police Incompetence KILLS!

Alivia Schwab, a 40-year-old mother of three, was under the care of mental health counselors for serious mental issues, and had only recently been returned to her apartment from institutionalization. On September 29, Schwab had her counselor on the phone, and was threatening to kill herself with a knife. The counselor notified the police so they could intervene.

Morris IL police officers Nick Pampinella and Casie Price responded to the call, encountering Swab as she stood in the open door of her apartment. Schwab had a cell phone in her right hand, held to her ear. In her left hand she held a knife. As Officer Pampinella ordered her to drop the knife while holding her at gunpoint, Schwab advanced relentlessly towards him, culminating in a sudden rush that led Pampinella to shoot her. Schwab died instantly.

Throughout this encounter Officer Price demonstrated what can only be described as utter competence. In particular, even as the officers initially approached Schwab's apartment, Pampinella had instructed Price to be prepared to use non-lethal force (this would be in the form of her Taser).

In fact, Price made absolutely no preparation to do so, under circumstances where Price's effective use of her Taser would likely have made it unnecessary for Pampinella to use deadly force upon Schwab.

In other words, but for Price's apparent incompetence, Schwab could well still be alive.

Schwab's three children--all under 18 at the time of her death--have now filed a §1983 Federal lawsuit against Officers Pampinella and Price, as well as their department.

Today we examine both the video of this tragic shooting, the legal justification of Pampinella's use of force, and whether there actually exists legal liability in civil court for Price's apparent incompetence as a police officer.

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