Protecting Paramedics.......from the OHP?

[cannon_fodder]

+1 to the Tulsa World.

1) It occurred in public.  Ergo, it is NOT a private matter. 

2) It is evidence of the behavior of the government.  If accused of wrongdoing they should have to tender it as evidence.  Since they are accountable to the public, this means showing it to the public.

3) It is evidence of individual behavior.  If the individual is accused of wrongdoing, they should have to tender the video as evidence.  Since the State is charging that individual with a crime, the public should have a right to know about it.

Privacy?  If a person is naked blur it out.  Otherwise, I find it difficult to guess what privacy interest a person has on a public roadway from inside another vehicle.  If the entire stop was deemed illegal, then the tape might be excluded - otherwise, it seems reasonable to release it just like any other police report.

[cannon_fodder]

http://www.tulsaworld.com/news/article.aspx?subjectid=11&articleid=20090707_12_A14_OKLAHO161740

The OHP Trooper is still on paid vacation as they wait for public interest to die down and reinstate him with no punishment try to decide what to do.

I've been trying to decide what screw up I can do at work to get 6+ weeks of paid vacation.  My honey-do list would get DESTROYED.  I'd finally find fish in Lake Keystone.  My sailboat would be in perfect working order.  My yard, immaculate.  It'd be amazing.  But every job I have you get punished when you screw up, not rewarded.

"Paid administrative leave" is a great concept.  So is "at will employee".  I have to think there is a happy middle ground somewhere.

[patric]

http://www.tulsaworld.com/news/article.aspx?subjectid=11&articleid=20090707_12_A14_OKLAHO161740

The OHP Trooper is still on paid vacation as they wait for public interest to die down and reinstate him with no punishment try to decide what to do.

I've been trying to decide what screw up I can do at work to get 6+ weeks of paid vacation.  My honey-do list would get DESTROYED.  I'd finally find fish in Lake Keystone.  My sailboat would be in perfect working order.  My yard, immaculate.  It'd be amazing.  But every job I have you get punished when you screw up, not rewarded.

"Paid administrative leave" is a great concept.  So is "at will employee".  I have to think there is a happy middle ground somewhere.

The Paramedic's attorney is also of the opinion that the delaying tactic is typical of how OHP deals with their liabilities.

Their attitude was made a little clearer in the interview where the Trooper's Union lawyer called the trooper who attacked the paramedic "a hero"...


Oklahoma Highway Patrol Trooper Daniel Martin, caught on tape in a brawl with a paramedic transporting a patient, is a 'hometown hero,' his attorney, Gary James said in a press conference today.

Instead of being honored, James declared, Martin has received death threats, threats of a drive-by shooting, and had to take paid administrative leave to stay home and protect his family. Reeling off a list of Martin's recent service in the Middle East, and handing out copies of Oklahoma laws, James said that Martin acted appropriately during the now-infamous incident.

James laid the blame for the attention on both the media and paramedic Maurice White, who he said assaulted Martin and resisted arrest.  Adroitly poisoning the well, James several times alluded to problems with White, with comments like

    ...look into Maurice White's background

    ...I have emails from people whove worked with him

James displayed photos of bruises that Martin received when, James claimed, White assaulted the officer. In a long, rambling press conference, James repeatedly declared that the ambulance was not running "code"--with lights and/or siren--so legally was in the same class as a private vehicle.

Therefore, he said, the fact that the ambulance had a patient in the back had no bearing on the situation. Martin believed, he said, that the ambulance "deliberately cut him off" and refused to yield.

The confrontation eventually involved the District Attorney and Martin's troop commander on the phone, James recounted. He said that White was released only because officials determined that if White was arrested Ofuskgee County would be without ambulance service on that shift.

Martin "..is not on leave for punishment..he requested it....he's got 3 boys....they stay around the house...based on threats....posted on websites, emailed...Martin is fearful of leaving kids home," James said.

In April 2009 Martin was hailed as a "hometown hero" when he came home from a year's tour of duty with the U.S. Navy in Operation Enduring Freedom. Within two months Martin was "made out to be..everything," James declared, shaking his head as he added "he's not an ogre....he coaches Little League."

James hammered on the trooper's position that White disobeyed a legal order three times. Whtie, James said, resisted arrest, obstructed justice, and assaulted Martin.

He dropped a few amazing statements during the press conference, including the information that Oklahoma Highway Patrol dashcam are not "legal records" under Oklahoma law, nor are they part of public records.  Terming the ambulance "without authority or exemptions" under law, James said that White had no right to interfere with Martin stopping the dirver.

"A  person who will fight an armed officer is a danger to the public," James said as he declared that White continued to fight the officer and resist arrest. 
"I could pick on White all afternoon," he added.

White and his attorney have filed legal action and will most likely sue the state and Martin, James said.  However, he declared  "White's own statement proves he resisted arrest.....it doesn't matter if the police officer is wrong.....you can't fight him..."

James also claimed that Martin was grabbed by White in a choke hold and wrestled to the ground. He also said that White slammed his elbow into Martin's throat. However, the "wrestling to ground" episode is not shown in the dashcam video.

Troopers are  "justified to use whatever force"  they choose  when a suspect resists arrest, James said. When queried about why Martin hunted down the ambulance to confront the crew, James said that it was because he was worried about the "contempt" shown him by the alleged hand gesture.  When questioned about the trooper's shouting and cursing, James characterized it as "a command voice."

James also claimed Martin restraining White by the throat was an action that was justified.
http://www.examiner.com/x-6121-Oklahoma-Crime-Examiner%7Ey2009m6d15-Oklahoma-Highway-Patrol-trooper-a-hometown-hero-attorney-says

[cannon_fodder]

I suppose they are still waiting to decide what to do.  Must be really complicated.  All sorts of stuff to figure out.

Does this count against the guys vacation time at least?

itdoesn't matter if the police officer is wrong.....you can't fight him...

Nice.  Do what the nice man with the gun says.  No questions please.  Ever.

[buckeye]

I've never seen such underhanded misdirection and outright absurdity outside of a Hollywood movie.  The OHP loses the peoples' respect from the shenanigans of that stop and then makes it worse by hiring the evidently serpentine Gary James.

[custosnox]

and now the civil suits begin

http://www.kjrh.com/email/link/66791/8tfsP7X-G02yy4nFlJg6Dw/1.ashx

[guido911]

and now the civil suits begin

http://www.kjrh.com/email/link/66791/8tfsP7X-G02yy4nFlJg6Dw/1.ashx

Striking while the fire is hot. I would like to know whether a GTCA notice has been filed against OHP.

[patric]

Striking while the fire is hot. I would like to know whether a GTCA notice has been filed against OHP.

He waited 2 months for the DPS to act; they played possum instead.


IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA

Maurice White, Jr., Plaintiff
v.
Daniel Martin, individually,
while acting under color of law
on behalf of the STATE OF OKLAHOMA; Defendant.

COMPLAINT FOR DAMAGES
(Violation of Civil Rights)
Preliminary Statement

THIS ACTION is brought by Mr White for damages inflicted by Oklahoma State Highway Patrol Trooper, Daniel Martin.  At all times herein trooper Martin was acting under color of law and in his capacity as a state employee; however, Martin is being sued in his individual capacity and, as of yet, the State of Oklahoma is not being sued. The Plaintiff has filed a claim pursuant to the Government Tort Claims Act ("GTCA") and he reserves the right to amend this claim.  See Okla. Stat. tit. 51 ss 151-170.

[cannon_fodder]

"Acting under the color of law" is a key phrase to trigger § 1983 of the Civil Rights Act (of 1871).  Basically, someone acting under the color of law violated your federally protected civil rights (which is why this is in Federal Court).  The OHP can be sued along with the officer, but the docket sheet doesn't name them as a party.

[guido911]

He waited 2 months for the DPS to act; they played possum instead.

Wow, a whopping 2 months. You are right, that's a freakin eternity. 

[patric]

Wow, a whopping 2 months. You are right, that's a freakin eternity. 

And here's the verdict from OHP:

5 days without pay,
and report to the company doctor.
period.

He'll be back on the streets by this time next week.

Hey after all, he is a "hero".
Irony is TPD have to take more time off for not misbehaving.

[guido911]

"Acting under the color of law" is a key phrase to trigger § 1983 of the Civil Rights Act (of 1871).  Basically, someone acting under the color of law violated your federally protected civil rights (which is why this is in Federal Court).  The OHP can be sued along with the officer, but the docket sheet doesn't name them as a party.

The OHP can only be sued in tort, which is why I wondered out loud earlier if a GTCA notice/tort claim had been presented. I noticed in reading the complaint that a tort claim has been presented.

Your post suggests that the OHP can be sued under 42 U.S.C. § 1983. The OHP, I believe, is a part of Oklahoma's Department of Public Safety, a state agency. The state of Oklahoma and its agencies, however, are immune in actions where monetary or damages or equitable damages are sought based upon the Eleventh Amendment to the U.S. Constitution. See, Florida Department of Health and Rehabilitative Services v. Florida Nursing Home Association, 450 U.S. 147, 149-150 101 S.Ct. 1032, 1034, 67 L.Ed.2d 132 (1981). This immunity applies to civil rights cases brought pursuant to 42 U.S.C. § 1983. Quern v. Jordan, 440 U.S. 332, 340-43, 99 S.Ct. 1139, 59 L.Ed.2d 358 (1979). In Kentucky v. Graham, 473 U.S. 159, 169, 105 S.Ct. 3099, 3107, 87 L.Ed.2d 114 (1985), the U.S. Supreme Court stated that "[t]he Court has held that, absent waiver by the State or valid congressional override, the Eleventh Amendment bars a damages action against a State in federal court."
   There is a second reason why a § 1983 cannot be brought against an Oklahoma agency such as DPS. In Will v. Michigan Department of State Police, 491 U.S. 58, 70-71, 109 S.Ct. 2304, 2312, 105 L.Ed.2d 45 (1989), the U.S. Supreme Court observed that "we hold that neither a State nor its officials acting in their official capacities are "persons" under § 1983." The Court in Will went on:
A state official who is sued in his or her official capacity for nonprospective relief is not a "person" under § 1983, because (1) a state is not a "person" under § 1983, and (2) a § 1983 suit for nonprospective relief against a state official in his or her official capacity is not a suit against the official, but rather is a suit against the official's office and, as such, is no different from a suit against a state itself.
This would explain why Maurice White sued Martin in his individual capacity.  

[patric]

The rest of the civil suit:

http://www.fox23.com/media/news/7/a/9/7a962bcf-b074-49b1-95cc-6e2231c723c3/OHPParamediclawsuit.pdf

[TUalum0982]

wow I now have very little respect for OHP as a whole.  They called the way he handled that traffic stop "unprofessional".  IMO, if you are caught choking someone, that is more then unprofessional.  You are supposed to protect and servce the public, not CHOKE them.  I wasn't there, so I dont know the 100% truth, but I find it hard to believe an ambulance driver would flip off an OHP trooper as they drove by while trying to get to a hospital.

And like the person said above, this guy gets suspended 5 days without pay, and TPD is required to take 8 days no pay.  Something is wrong with this picture.

Also, on the last page of the report it states "The actions involving your conduct and disregard for the welfare of the patient justify sever discipline."  How is getting suspended 5 days without pay severe discipline?? Seriously?

[cannon_fodder]

Guido: 

You are correct.  §1983 creates a personal cause of action against the individual actor.  The suit against the OHP would have to be a companion on negligent hiring, supervision, discriminatory policies . . . a TORT basis for the suit.  I meant to imply that generally you see a companion case against the agency in such instances.  I have no practical experience with Color of Law cases.


On the broader issue:

As a result of pulling over an ambulance for insulting him and choking the driver, by all accounts handling a situation poorly if not illegally, the offender gets 2 months of paid vacation and a 5 day force furlough.  I would take that trade voluntarily.  What action can I take to get 40 days of paid vacation and 5 days of unpaid vacation?

Nothing the Trooper said turns out to be the truth or it is irrelevant.   The video shows the ambulance pulling over to the side of the road in a fairly reasonable amount of time.  The video shows that the trooper was not needed at the "emergency."  The video shows that the trooper blazed out into traffic to pull over the offender.  The video shows that the Trooper was informed in short order that there was a patient in the back.  The video does NOT show White assault the trooper.   The video shows the Trooper yelling, swearing, and using violence to enforce his will.  The person that was supposed to be collected and in charge was the one that appeared out of control.

Sorry.  I'm glad the ambulance driver said "I have a patient lets deal with this later."  Even if he flipped the trooper off for making a lippy comment on an ER channel, it doesn't matter.  The Trooper handled it badly.

And as a result he gets 2 months of vacation.  If I were in OHP I'd be looking for the same deal.  Maybe pull over a funeral possession and choke a widow - go for a little more vacation time.

[edit]
Furthermore:

1) Without the video being posted on youtube it is doubtful any "punishment" would have been forthcoming.

2) The OHP did nothing to help themselves by claiming the video showed how right the Trooper was and then refusing to release it.   Calling it a non-public record was BS.  Particularly when it was when it was released and didn't show what they had alluded that it would.

3) Still want 2 months off paid for screwing up.
[/edit]