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Police settle excessive force suit with 71-year-old (blind) woman
KATU NEWS ^ | April 23, 2004 | The Associated Press

Posted on 05/03/2004 10:52:30 AM PDT by Veracious Poet

PORTLAND, Ore. - The city of Portland has agreed to pay $145,000 to an elderly blind woman after police pepper-sprayed and shocked her with a stun gun.

The altercation began as an attempt to remove shrubs and appliances from 71-year-old Eunice Crowder's yard, and ended with police citing her for harassment and disobeying an order.

This week, the city agreed to settle her excessive force lawsuit out of federal court, a month after a Multnomah County Circuit Court judge dismissed the violations against her.

"This case goes to show that police misconduct and excessive force can happen to anybody outside the mainstream," said Ernest Warren Jr., Crowder's lawyer. "It does not have to be an African American; it can be someone who is elderly and white."

The Portland City Council approved the settlement, based on a review by the city's risk management division that indicated "there is risk the City may be found liable."

The June 9, 2003, incident began when Ed Marihart, a city employee, showed up at Crowder's home. He served her with an administrative search warrant to remove an accumulation of trash and debris.

According to Crowder and her lawyer, the woman told him she was blind and hard of hearing, and asked him to read the entire warrant to her, but he refused. She said he placed it in her hands, walked outside and ordered others to start removing items from her yard.

The city denies that the woman asked Marihart to read the warrant and maintains that Marihart explained to her why he was there.

The woman followed the city employee outside. She was concerned that he and his co-workers had removed a family heirloom, a 90-year-old red toy wagon with rhododendrons in it. She asked to enter a trailer, where items from her yard were being placed, to feel around for the wagon.

Marihart told her she couldn't enter the trailer and said the wagon was not inside. He then called police.

When Portland Officers Robert Miller and Eric Zajac arrived at the house, Crowder acknowledged she had one foot on the curb and one foot on the bumper of the trailer. She felt someone step on her foot and asked, "Who are you?"

Moments later, she felt someone strike her in the head, which dislodged her prosthetic right eye from its socket, and was knocked to the ground, she claimed in her lawsuit.

Officers said Crowder ignored their commands not to climb into the trailer and tried to bite Miller's hand.

They acknowledged she was "pushed onto the dirt next to the sidewalk," according to the city's legal brief filed in court.

While on the ground, Crowder asked the officer what he thought he was doing and kicked Miller. She said the officer kicked her back, then pepper-sprayed her in her eyes.

"While she's still on the ground, on her stomach, they tased her in the back and in the breast," her lawyer said.

Police said they pepper-sprayed Crowder after she refused to stop kicking them. They admit that Crowder's prosthetic eye fell out at some point, and that Zajac stunned Crowder with a Taser, an electric stun gun, twice in the lower back and once in the upper back after ordering her to stop fighting and resisting.

Warren said the city's argument is bogus. He said, "To kick the crap out of old folks seems a little bit much to me in the name of law enforcement,"


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Government; Politics/Elections
KEYWORDS: badcops; donutwatch; policeabuse; policestate
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To: Onelifetogive
They apparently didn't answer her when she asked who they were. She was blind and partially deaf. What was she supposed to do when someone hit her in the head and knocked her to the ground?

I guess you can't understand the terror that a person might feel in such a situation.
21 posted on 05/03/2004 11:22:46 AM PDT by Politicalmom
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To: Veracious Poet
sheesh - what ever happened to plain old chivalry

I see over the weekend Palistanian gang members shot to death a Jewish pregnant woman and four children...wow, such Rambos - those guys are tough!
22 posted on 05/03/2004 11:23:39 AM PDT by Republicus2001
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To: Veracious Poet
The McDonald's case was drastically reduced on appeal. It barely paid for her lawyer in the end.
23 posted on 05/03/2004 11:23:39 AM PDT by DB (©)
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To: FourtySeven
It's worse than that.

She's completely blind.

She was no threat whatsoever to the police.

24 posted on 05/03/2004 11:25:19 AM PDT by DB (©)
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To: Nathaniel Fischer
The woman is completely blind.

She was not a threat to police at any time period.
25 posted on 05/03/2004 11:27:00 AM PDT by DB (©)
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To: thefactor
I work in a VERY public capacity around City, State and Federal LEOs...

I think what REALLY pisses me off about this story is that I'm hearing WAY too many stories like this and given the thugs drawn to the job nowadays I can only see it getting worse.

BTW, in the 42 years of my life, LEOs have not once helped me, saved me, or come to my aid once...the only encounters I've had with them outside my official capacity is when they've inflicted their enforcement of the nanny-state on me for my own good.

Fortunately they haven't deemed me a recipient of the special treatment they gave this elderly, disabled widow...not yet that is.
26 posted on 05/03/2004 11:27:41 AM PDT by Veracious Poet (Cash cows are sacred in America...GOT MILKED???)
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To: Nathaniel Fischer; Veracious Poet; GladesGuru
I agree; it's impossible to make a good judgment based on a news story. It makes the story seem more interesting if they make it sound one-sided.

Exactly my point, thank you.

There's no way that anyone can convince me that these police officers simply beat up on an elderly woman for no reason at all.

Does that make it right that they beat up on her? No. (Like I said in my original post, I'm sure they could've done a better job subduing her than tasering and pepper spraying).

Unless you think the police are staffed by psychos though, there must have been a REASON they used force on her.

Possible retort: Yeah, there was a reason, she dared to talk back to the Jackbooted thug.

Fine, again, I didn't say the force the used on her was appropriate. But even if she "copped an attitude" with them, after they served a LEGITIMATE WARRANT on her, I think that merits SOME kind of response. Or are they simply to say at that point, "Old lady with an attitude here fellas! Put away that warrant we had signed by a judge! Send all these people we had come out here on the city's dime to move her crap away! Can't mess with an old lady with an attitude dontcha know!" Please.

Or is total anarchy simply the way to go, at any time, when facing the police?

Please don't flame me for "supporting the abuse of an elderly woman". I have not, and do not. I'm simply saying there's probably more than one idiotic party in this altercation here, and this article smacks of bias, imo.

27 posted on 05/03/2004 11:29:54 AM PDT by FourtySeven (47)
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To: camle
They certainly did get off easy. Isn't there some organization with volunteer lawyers that would got after all of these people and make sure they all serve jail time for this abuse? I hope we have not yet heard the last of this.
28 posted on 05/03/2004 11:31:24 AM PDT by henderson field
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To: henderson field
SOMEBOIDY needs to protect us from the protectors!
29 posted on 05/03/2004 11:32:25 AM PDT by camle (keep your mind open and somebody will fill it with something for you))
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To: FourtySeven
there must have been a REASON they used force on her.

Maybe. But you have to wonder about the judgment and suitability of temper of cops who use this much force to subdue an old lady.

30 posted on 05/03/2004 11:34:13 AM PDT by Modernman (Work is the curse of the drinking classes. -Oscar Wilde)
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To: FourtySeven
Wow...you're a good little statist, aren't you? ;-)

I have a brainflash for you, how about locating a relative or friend to assist in the situation??

I know, that would have deprived the overlords in their daily dose of fun - knocking an elderly, blind, partially deaf women to the ground for a little kicking, macing and tasering.

But hey, that's the way an "Officer of the Peace" use to handle situations like this, or are you to young to remember?
31 posted on 05/03/2004 11:36:09 AM PDT by Veracious Poet (Cash cows are sacred in America...GOT MILKED???)
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To: Modernman
But you have to wonder about the judgment and suitability of temper of cops who use this much force to subdue an old lady.

100% Agreed. And btw, for the record, I do believe she deserved some compensation for the way she was treated. However, I think a simple compensation for her (any) medical bills would've been fair enough.

32 posted on 05/03/2004 11:37:38 AM PDT by FourtySeven (47)
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To: camle
Has anyone here ever been protected or served by LEOs?

I do recall a $150 no seat belt ticket and other nanny state BS harrassment.

A very few may be heroes imo, all of them arent. Respect is earned not given.

33 posted on 05/03/2004 11:37:46 AM PDT by No Blue States
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To: Veracious Poet
I have a brainflash for you, how about locating a relative or friend to assist in the situation??

I have no idea what you're suggesting here. Are you suggesting that the police force a civilian to help her move?

Wow, ok.

34 posted on 05/03/2004 11:39:16 AM PDT by FourtySeven (47)
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To: Veracious Poet
i love when people say things like the cops have never helped them. as if arresting criminals and even mere police presence aren't enough to thank them for. or at least earn them the right to be given the benefit of the doubt in cases like this until you read more than one article on the subject. whenever people are rude to cops or say we would be better off without them i ask them who else they would like to call if their child was missing, their house was broken into, their car stolen, or g-d forbid someone in their family was seriously harmed due to criminal actions. the fact that you have never needed a cop doesn't minimize the fact that they are needed or may have helped you in some indirect way you will never know.
35 posted on 05/03/2004 11:39:35 AM PDT by thefactor
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To: FourtySeven
"I have no idea what you're suggesting here. Are you suggesting that the police force a civilian to help her move?"

"Wow, ok."

I'm sorry, I thought I was communicating with an astute, intelligent person...not just another bot.

Were done...
36 posted on 05/03/2004 11:42:34 AM PDT by Veracious Poet (Cash cows are sacred in America...GOT MILKED???)
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To: Modernman
there must have been a REASON they used force on her. Maybe.

But you have to wonder about the judgment and suitability of temper of cops who use this much force to subdue an old lady.

True - but I do want to make it known that she is not what one usually pictures a "little old lady" - this is a large mouthy old lady from what I saw of her on the news. The visual that comes to my mind when someone writes "old lady" is not what this woman, in reality, looks like.

Again, judgement by all was skewed in this incident, but please don't picture her as some frail grandma from a Norman Rockwell painting.

37 posted on 05/03/2004 11:44:01 AM PDT by momfirst
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To: momfirst
Police chief wants noncitizens as cops{"people who have not sworn allegiance to the U.S}
http://www.freerepublic.com/forum/a3b591b067786.htm
38 posted on 05/03/2004 11:45:17 AM PDT by truth4
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To: thefactor
The only times I've been in dangerous, criminal situations I handled it myself.

Usually theres no time to call LEOs, and if I did I'm afraid they'd shoot first and ask questions later.

Having GREAT experience with LEOs has taught me they no longer "Keep The Peace", but are primarily interested in "The Welfare of the State".

I have no use for such empowered thugs...
39 posted on 05/03/2004 11:46:12 AM PDT by Veracious Poet (Cash cows are sacred in America...GOT MILKED???)
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To: Veracious Poet
even though the Gestapo through the first blows

Assuming that you mean "threw the first blows"...

Anyone who believes that police officers "threw the first blows" against an elderly woman is delusional...

If they did thow the first blows, I would gladly have them tried, convicted and jailed for the assault.

40 posted on 05/03/2004 11:47:38 AM PDT by Onelifetogive
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