Assembly Bill 490: How It Bans Dangerous Restraint Tactics in California

Dangerous police interactions have brought to light hazards of certain police restraint tactics. However, legislation has been slow to act in areas—but not California. California, known for being progressive in the area of civil rights, has taken steps to protect residents from aggressive and unnecessary police tactics. Learn more about Assembly Bill 490 and when you may need the assistance of an asphyxia and restraint attorney in California.

If you’ve been the target of police abuse and mistreatment, it’s time to talk to the team at the Law Offices of Dale K. Galipo. Founder Dale K. Galipo has spent decades building his career in civil rights law, serving as an advocate for those who have suffered mistreatment at the hands of police. Let’s discuss your case and find a path forward—call our police force restraint law firm at 818-347-3333 now.

Understanding Dangerous Restraints

Prior to passing AB 490 in 2021—which is also known as the Justice for Angelo Quinto Act of 2021—California had already passed a bill banning carotid artery restraints and chokeholds. While this bill was a clear step in the right direction, it didn’t go far enough. The prohibitions didn’t prohibit police from using other restraint positions that could limit a person’s breathing, such as having someone face-down while placing pressure on their neck, back, or torso.

This type of restraint can cause positional asphyxia, which occurs when someone’s position restricts their breathing. For example, it can happen when babies have their chin tilted down to their neck for too long or when someone sleeps face-down. In most cases, when a person is unable to breathe, they naturally move out of that position to protect themselves. However, when a police officer has their knee or foot on your back to keep you from moving out of that position, you can’t save yourself. Staying in these positions for even a short period of time can lead to unconsciousness or death.

This is a common cause of death or serious injury reported by asphyxia and restraint lawyers throughout Southern California, and AB 490 has been crucial in clarifying the standard of care that law enforcement must uphold.

What Assembly Bill 490 Does

Legislators introduced AB 490, which later became California Government Code 7286.5, to make it illegal for peace officers to use any restraint or transport method that puts people at substantial risk of positional asphyxia.

What limitations does this place on officers? It means that they cannot kneel, sit, or stand on a person’s neck, torso, or back in any way that limits their ability to breathe. All law enforcement agencies must update their training and policy manuals to reflect this limitation.

This law aims to protect suspects and detainees from suffering catastrophic or fatal injuries at the hands of police officers. If these injuries do still occur, the fact that such restraints are now illegal may help victims and surviving family members hold rogue police officers accountable with the help of an asphyxia and restraint attorney.

Why This Bill Was Needed

These types of injuries are tragically common in wrongful death cases across the United States. While the death of George Floyd is perhaps the most well-known example of a death caused by positional asphyxia, this law was introduced in California after the death of Angelo Quinto. He was a Navy veteran from Antioch who was restrained by police when they were responding to a mental health call. They placed a knee to his neck until he lost consciousness. At that point, the police removed his handcuffs, attempted to resuscitate him, and transported him to the hospital via ambulance. He passed away three days later.

The family ultimately received a $7.5-million wrongful death settlement for the city’s role in Quinto’s death. Naming AB 490 after him is a sign of California’s commitment to civil rights and progress.

Challenges and Criticism

Any steps to limit police overreach are met with criticism, and this is no different. Some claim that the law is too broad and may make officers hesitate in dangerous situations. Others believe that this type of restraint can be safe when used properly, a claim dispelled by the deaths it’s caused over the years.

Discuss Your Case With Our Asphyxia and Restraint Law Firm

At the Law Offices of Dale K. Galipo, we understand the fear and trauma caused by police mistreatment. Let’s talk about your next steps—give us a call at 818-347-3333 or contact us online.