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Started By
Message
re: Hospital nurse arrested after refusing illegal blood draw order
Posted on 9/1/17 at 5:21 pm to Tyga Woods
Posted on 9/1/17 at 5:21 pm to Tyga Woods
quote:
Also, cut the police force in half,
In order to do this, they would have to be able to turn down calls such as my neighbor threw a cigarette butt in my yard and other BS calls they deal with on a daily basis.
3
Posted on 9/1/17 at 5:45 pm to Aristo
The absolutely stupid part of all this is that hospitals write their policies on the advice of legal counsel so that they conform with the law. In this case, it appears that the police had even signed off on the policy.
And then they let one of their hot head goons pull this crap? The shite should flow uphill as far as possible.
On the other hand, if I were the CEO at the hospital, I'd definitely do an an internal investigation of how this was handled.
Where the hell was Administration when they got a call saying an ER nurse was being arrested? I'd have had the CEO and/or in-house legal counsel down in the ER the minute the call was made for help. Instead they spend 20 minutes on the phone? Sounds like someone isn't doing their job.
And then they let one of their hot head goons pull this crap? The shite should flow uphill as far as possible.
On the other hand, if I were the CEO at the hospital, I'd definitely do an an internal investigation of how this was handled.
Where the hell was Administration when they got a call saying an ER nurse was being arrested? I'd have had the CEO and/or in-house legal counsel down in the ER the minute the call was made for help. Instead they spend 20 minutes on the phone? Sounds like someone isn't doing their job.
Posted on 9/1/17 at 5:51 pm to NYNolaguy1
They released her and the police chief apologized.
Looks like she will get paid.
Looks like the officer will be terminated and possibly face criminal charges if she has a good lawyer and gives the police heck.
Bad officers like this officer make good ones
look bad. He needs to resign immediately and his supervisor demoted or allowed to resign.
Looks like she will get paid.
Looks like the officer will be terminated and possibly face criminal charges if she has a good lawyer and gives the police heck.
Bad officers like this officer make good ones
look bad. He needs to resign immediately and his supervisor demoted or allowed to resign.
Posted on 9/1/17 at 6:20 pm to Aristo
quote:
they would have to be able to turn down calls such as my neighbor threw a cigarette butt in my yard and other BS calls they deal with on a daily basis.
The horror.
Posted on 9/1/17 at 6:25 pm to eitek1
quote:
It's a 42:1983 violation. You lose your "qualified immunity" when you violate someone's civil rights. At that point officer Dumbass becomes personally liable.
"Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia"
I'd have told him he had 30 seconds to release the cuffs or he could kiss his pension goodbye. If he didn't, I wouldn't pursuing it until he was jobless. Men have fought and dies for the last 241 years over behavior just like this. I'll b damned if I'm letting it happen to me or mine.
And you would have been completely wrong. Qualified immunity is a defense to Section 1983 liability. It isn't eliminated just because you allege a violation of your constitutional rights.
Qualified immunity has two steps: 1) a violation of a constitutional right; 2) that was clearly established at the time. The latter part has to have a reasonably on point case that places the issue beyond doubt.
Qualified immunity will apply here. If you find me a case that says a cop clearly violated the law for arresting a nurse who refused to comply because of internal policy, I'll admit I'm wrong.
The cop fricked up, but my whole point was that he is protected from this frick up.
This post was edited on 9/1/17 at 6:29 pm
Posted on 9/1/17 at 6:25 pm to johnnyrocket
quote:
Looks like the officer will be terminated
I hope he looses his ambulance job also
Posted on 9/1/17 at 6:41 pm to NolaAg04
quote:
OP should change title, as far as I can tell it wasn't illegal it was just against Hospital policy. Hospital policy doesn't Trump the law,so while it's dumb to arrest the nurse I could totally see obstruction of justice.
It wasn't just hospital policy, it was a signed agreement between the police department and the hospital
Posted on 9/1/17 at 6:44 pm to Barneyrb
This officer made some very poor decisions. Even if the law was on his side he was putting the nurse in a tough spot. She is doing her job and she, like most of us, needs her job to take care of her family. Her boss gave her clear instructions. There was no hurry and this could have been handled a lot more professionals. Instead he made a poor choice and he is now a internet villian.
Posted on 9/1/17 at 6:47 pm to NYNolaguy1
quote:
The horror.
Waste of time and tax payer's money.
Posted on 9/1/17 at 6:55 pm to Salmon
Nope. If she had been black, would prob be dead.
Posted on 9/1/17 at 6:59 pm to Gulf Coast Tiger
quote:
d he is now a internet villian.
No, he's just a villain.
And after watching the longer bodycam footage, his boss is an even bigger piece of shite.
My law trumps your policies? Their policies follow the law. They could have tried to get a warrant. Course, no judge would have granted them one probably.
And then he says he's got to think about what to charge her with because he's pretty sure the arrest won't stick?
He needs to be fired immediately. No retirement, forfeit pension.
Posted on 9/1/17 at 7:02 pm to Salmon
i don't know what you do for a living, but can a cop come to my law office and order me to perform some legal task? Sure, people acquiesce to get along, but that leads to shite like this, where cops think they have power over everyone.
oh wait, you were trolling.
oh wait, you were trolling.
Posted on 9/1/17 at 7:05 pm to bakersman
It's not just their policy it's the freaking law. Jesus.
Posted on 9/1/17 at 7:17 pm to madmaxvol
quote:
Most states have mandatory blood draws in those types of crashes.
It's unconstitutional.
Posted on 9/1/17 at 8:29 pm to NYNolaguy1
The first thing I noticed is the lack of hospital administration, supervision, etc on the scene to defend the hospital policy and the nurse. Just some voice on a phone telling the police they're making a big mistake. I wouldn't want those pussies in the trenches with me.
Posted on 9/1/17 at 8:33 pm to 62Tigerfan
quote:
The first thing I noticed is the lack of hospital administration, supervision, etc on the scene to defend the hospital policy and the nurse. Just some voice on a phone telling the police they're making a big mistake. I wouldn't want those pussies in the trenches with me.
To be fair, nobody there, including the other cops, expected him to assault and arrest her.
Hospital administration got down there pretty quick after.
Posted on 9/1/17 at 8:39 pm to magildachunks
quote:
To be fair, nobody there, including the other cops, expected him to assault and arrest her.
And none of those cops stopped him to say, "Hey man, chill out. She's just doing her job."
Posted on 9/1/17 at 8:42 pm to BamaChemE
quote:
And none of those cops stopped him to say, "Hey man, chill out. She's just doing her job."
In the longer video, the one wearing the body cam starts to, then stops. But he keeps it running, and he records everything.
Posted on 9/1/17 at 8:43 pm to NYNolaguy1
I've watched this video in its entirety from every different angle and everytime I watch it I get more infuriated. As someone who has numerous friends and family members in the medical field it hits even more close to home.
If this guy isn't fired and/or charged with something, (I don't know what but it seems he abused his power) you better believe his arse will be sued civilly as well as the police department. frick this dude. If that was my wife or sister I would beat his fricking arse.
If this guy isn't fired and/or charged with something, (I don't know what but it seems he abused his power) you better believe his arse will be sued civilly as well as the police department. frick this dude. If that was my wife or sister I would beat his fricking arse.
Posted on 9/1/17 at 8:55 pm to SamuelClemens
quote:
quote:
If he didn't, I wouldn't pursuing it until he was jobless. Men have fought and dies for the last 241 years over behavior just like this. I'll b damned if I'm letting it happen to me or mine.
quote:
I guess that is close enough to English
It was written on an IPad. It was "autocorrected" like a bastard. I hate autocorrect and I believe that Steve Jobs put a team on staff just to screw with me.
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