Posted on 05/07/2006 12:43:59 PM PDT by seowulf
REDMOND - The Redmond Police Department is facing a $1 million lawsuit after a woman says an officer used his Taser on her during a medical emergency.
Video from the police car camera shows that something was wrong with Leila Fuchs last July when police pulled her out of her car. For nearly 10 minutes when officers first pulled up, they say she remained unresponsive.
"She's just gotten into this collision at Redmond Way and 145th -- small accident," said defense attorney James Egan.
But he says it's the decisions an officer made when Fuchs wouldn't unlock her door that has them suing the department.
Egan says his client was suffering from a diabetic episode when medics tried to get her attention.
"So the medic brings a window hammer here," Egan says, pointing to the video.
Then, Egan says an officer took matters into his own hands.
"He bashed in the passenger side window, opened the door, and immediately ordered her to open her driver side door," Egan said. "Even according to (the officer), she was dazed, catatonic, and non-responsive. At that point, he pulls his Taser out, and says if she doesn't open it, he will shoot her."
Egan says the officer used his gun and hit Fuchs with 50,000 volts of electricity.
"He didn't shoot her for one second," Egan said. "He shot her for the full five seconds… and caused her to stiffen and scream, according to his police report as this happened, and here she was suffering a medical emergency."
Police reports claim officers could initially smell the odor of alcohol in the car, but after they got Fuchs out and did a breath test, they determined there was no trace of alcohol found.
"He jumped the gun... literally," Egan said. "And that's when he tried to electrocute someone he apparently thought was intoxicated."
Calls to the Redmond Police about the video and the lawsuit were not immediately returned Saturday evening. Police records, though, back up the fact that the Taser was used and that Fuchs did not have any traces of alcohol in her system.
If you don't taser them for not doing what you say, what do you do?
What if your department tells you: "you will taser them if they don't do what you tell them to do."
Police departments are always looking for the new 'majic gadget.'
I think all cops should be like "Hampster & Big Dummy"... two of the SF cops who made the infamous video about a year or two ago, find a secluded spot, read the newspaper and...... 'Forget about it'
Draw my breath and draw my pay.
Get this jerk off the force too, that'll save some real money.
I would guess that the gal did not have her problem until after she was on the road, and did not attempt to drive after her problems occurred. I would give her the benefit of doubt. You would assume she took the wheel in her coma, to justify her treatment.
Those who have access to his personnel records and his union brothers, should pay the judgment, not the taxpayers. Since the public has no access to the personal files, the public is not the employer.
I agree. But was HER diabetes under control? Shouldn't SHE have been excluded from driving in her condition?
"Still no excuse to taser an accident victim.
I agree that police shouldn't go around tasering accident victims. I'll go on record to say I'm against that.
But is unresponsiveness and non-cooperation with a police officer's order a valid "excuse" to taser?
You betcha!
"Well yeah, there's that. Let's all focus on the cop rather than the fact that she shouldn't have been driving to begin with."
Not true. She could have been fine when she started driving, her blood sugar could have dropped precipitously while she was driving, and it would have been like she was drunk.
If you have any diabetic friends, be on the lookout for them seeming like they're drunk or not focusing well or not driving well, etc. and get some carbs or sugar in them. Give them peanuts, carbs, candy or soda with sugar in it, have them test their blood sugar levels right away or take them to a clinic or hospital right away.
Let's use the words that appear in the actual article: "dazed, catatonic and nonresponsive". So the real question is, should you taser someone who's verging on unconsciousness?
Are you talking about Patrick Kennedy? Oh, wait, never mind -- you said "gal".
Well then, I guess neither one of them is at fault -- at least, not in your book. In mine, they are. Totally.
This is my worst nightmare scenario every time my diabetic son gets in the car...
I got a question. What if the cop pulls her out of the car, she grabs the steering wheel, breaks her arm. Or the cop pulls her out of the car, she slips from his grasp, hits her head on the road and gets cut.
Does she still get to sue?
Or is it just because he tasers her?
And, did she recieve any permanent injury? Or just the usual lawyereese? You know, every time she hears a siren now she wets herself, her husband/and or companion, et al also sues for 'loss of companionship' etc. etc. etc.
In the end, the city will give her a couple thousand dollars to settle out of court, El Sharko will take his bite and be off to the next ambulance scene.
The United States of Litigation
Kennedy entered the vehicle in that state, whereas this woman's condition possibly developed after she was already driving. Also, Kennedy's accident was the result of illegal drug usage, while this woman suffers from a medical condition. The two are in no way analogous; one would have to be pretty obtuse to miss the distinction.
This type of situation is exactly why people with medical conditions like diabetes should wear medic alert bracelets.
My son's FL driver's license has the designation on it--but--if he were unresponsive, it would be a long time before a police officer would get a look at it...other more sinister things (like tasering!) would probably happen first.
Maybe he could have just beaten her with his nightstick until she complied. Probably some rule against that and besides it's not high tech.
Pathetic police ping
She should have been wearing a diabetic medical bracelet. If not, the officers should have looked in her wallet where should should have diabetic information. Nonetheless, she should not have been tasered.
Does he wear a bracelet or necklace with his condition?
That would be helpful, at least I know to me it would. If I remember correctly the older gent that had low blood sugar and hit a telephone pole had a card in his wallet. But, most cops, that I know, would probably be thinking 'drunk' first, especially if he's young.
The diabetic barber I spoke of earlier, the one I had to restrain because he was actively struggling against the rescue squad, I had to call his wife.
I thought she might be alarmed, or want to come to the scene, immediately.
Wrong. She wanted to berate him for not checking himself. To her it was almost an every day thing.
Even one of his customers came in and the attitude was 'oh, here we go again.'
Yet, had I been restraining him and something went 'pop' I guess I may be liable in court.
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