Importance of a Living Will (And acting in a non-threatening way when around police)

So this case is a little old now (I meant to make a note of it when it was first authored, but as you can tell that didn't happen). The 6th Circuit Court of Appeals affirmed the denial of motion for summary judgment made by a police officer and EMT’s. The Plaintiff, Mr. Kent, was hosting his mother and father who traveled from out of state to visit him. His father was in poor health but had previously executed a living will or durable power of attorney indicating he did not wish to have life sustaining measures and a do not resuscitate order in it.

Unfortunately Mr. Kent’s father passed away and he called a non-emergency number to report a natural death. The EMT’s arrived and when they attempted to place an electronic defibrillator on him. Mr. Kent objected to this but the EMT’s insisted upon it unless they were shown the power of attorney. While Mr. Kent’s mother was on the phone trying to get a copy sent to them, police arrived. While dealing with the officer’s the Plaintiff refused to leave the home and because of that he was subsequently tasered. He filed a lawsuit against the county, the county attempted to get the case dismissed before it went to a jury but the judge denied that motion and that decision was recently upheld by the 6th Circuit Court of Appeals. 

I also know this isn't exactly a criminal defense case - but I think it shows a couple important points. First it is important to have a living will or end of life measure in place and to make sure that your close family members are aware of and in this electronic world - have a copy of it on a smart phone. 

Secondly, one of the reasons the Court of Appeals affirmed the decision was because Mr. Kent did nothing with his hands that was suspicious - it did not appear he was armed or pretended to be reaching for a weapon. He was standing, put his hands in the air, and said “Go ahead and taze` me.” So there has been a lot of new headlines about police shootings, but it is important to remember that you can disagree with police, it happens, but to do it in a non threatening manner. 

The full case can be found here: