Policy

"A family that calls 911 for a medical emergency needs to know they can receive medical treatment without being attacked"

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A Colorado man brought a federal lawsuit against the city of Aurora, the police department, and in particular, the three police officers who responded to a 911 by the man's partner back in December:

Rickey Burrell and his attorney Mari Newman, of Killmer, Lane and Newman, says the family called 911 because Burrell was having a seizure.

Instead of helping Burrell, Newman says three police officers handcuffed him, breaking the man's wrist. The complaint filed in federal court states: "[Police] inexplicably, and without any provocation whatsoever or probable cause to believe Mr. Burrell had engaged in any wrongdoing, one of the defendants jumped Mr. Burrell who had not moved and was still lying face down on the bed."

The newly released 911 recording proves that Burnell's partner, Evelyn King, used words that might have made police a little bit cautious, but this was obviously still a request of help for Burnell:

King: "He's had three seizures, he's a recovering alcoholic, but he's incoherent like he's having another one." …

Dispatcher: "Do you think he's gonna be combative with paramedics?" 

King: "Maybe, maybe not."…

King: "I know he's incoherent cause he never fights me." 

Dispatch: "Is he asleep or is he awake?" 
King: "He looks like he's sleeping, snoring, he seems to have calm down."

King: "He's passing out and he's combative."

Burnell's lawyer pointed out that regardless of King's earlier statements, police were obligated to treat the situation first and foremost as a medical emergency, especially since Burnell was apparently face down and unconscious when police arrived:

"This is a situation here where we need to teach Colorado law enforcement they need to change their ways, they need to treat citizens with respect and fairness. And a family that calls 911 for a medical emergency needs to know they can receive medical treatment without being attacked."

This excess was not unique. In 2010, a Mt. Lebanon, PA woman filed a federal lawsuit after cops handcuffed her and restrained her head while she was in the midst of an epileptic seizure (which her coworkers had told 911). Police claimed she was overdosing on cocaine which would obviously still be a medical emergency and they charged her with aggravated assault—later dismissed—for her mid-seizure biting of an EMT's finger "even after they learned from Ms. Yochum's doctor that the girl had epilepsy and was not taking any illegal drugs." I can't find an update on this case since the lawsuit was filed, but it sounds well worth suing over.

There are, of course, other instances of people in distress getting brutality instead of help. 

Reason on police, as well as my recent look at some of the police violence at Occupy Oakland, particularly the flash-bang assault on the already injured, now hospitalized Scott Olsen.