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

[guido911]

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. 

It really would not be a companion case. The Plaintiff would have to sue the OHP in STATE court unless the state consents to being sued in fed court per 11th Amendment. This happens all the time, a fed and state action based on the same set of facts/parties. If I am counsel for OHP, I would prefer to be in federal court.

As a side note, what are the plaintiff's damages in this case?

[cannon_fodder]

As I understand it, § 1983 cases are famous for having minimal actual damages and large punitive damages.    It isn't so much to reward the person who had their rights violated ro to make them whole, as it is to punish the person who violated that person's rights under the color of law.  The theory being that police or other state entities are likely to circle the wagons, obstruct, and not punish their own.  So the Federal Courts were granted the power to do so in order to protect civil rights.

Also, there is sometimes an indemnity clause between the agency and the police union to cover any damages awarded as a result of the officers conduct while on duty.  Meaning the agency ends up paying or at very least defending an officer for his misconduct (in addition to any paid vacation he receives).  No idea if this is the case at OHP and I'm not implying it is.

Wasn't it interesting that they release his "punishment" the day after the civil suit was filed?

And thanks for explaining the companion case thing to me.  The few 1983 claims that I have followed were companion cases in Federal Court.  I wondered where the jurisdiction came from but under your scenario if makes sense.

[Conan71]

Richard O'Carrol isn't stupid.  He wouldn't sue the trooper as an individual if he didn't think know there was a payoff here.  What are the chances the trooper has significant assets or won't file BK after judgement?  Zero would be my guess.

Do individual troopers have some sort of liability insurance which will pay up, or will the state be required to pay up on this block-head's behalf?

And, BTW, I think the trooper's punishment would be laughable if it didn't piss me off so bad.  There's no reason for hotheads like this to be patrolling our highways.  Send him back to the minor leagues and let him work security at Walgreens for $8.00 an hour.

[patric]

Damn, that's all we need is for this guy to run the speed traps south on highway 75... 


OKEMAH — An ambulance driver who was at the heart of a traffic stop that led to a scuffle between a state trooper and a paramedic believes the officer should be reassigned elsewhere.

Paul Franks said Trooper Daniel Martin should be reassigned to the Panhandle or to southeastern Oklahoma's Little Dixie.

Though Martin lives north of Okemah and patrols the Okfuskee County area, he works for the Oklahoma Highway Patrol's Troop D, which is based in McAlester, the reputed capital of "Little Dixie."
http://www.tulsaworld.com/news/article.aspx?subjectid=11&articleid=20090724_12_A1_OKEMAH713489

And FOX discovered that "suspension" apparently doesnt include giving up your squad car:
http://www.fox23.com/news/local/story/5-Day-Suspension-For-OHP-Trooper/GCKoenPeYEWUTIhbmCnAsw.cspx

[rwarn17588]

Richard O'Carrol isn't stupid.  He wouldn't sue the trooper as an individual if he didn't think know there was a payoff here.  What are the chances the trooper has significant assets or won't file BK after judgement?  Zero would be my guess.

Do individual troopers have some sort of liability insurance which will pay up, or will the state be required to pay up on this block-head's behalf?

And, BTW, I think the trooper's punishment would be laughable if it didn't piss me off so bad.  There's no reason for hotheads like this to be patrolling our highways.  Send him back to the minor leagues and let him work security at Walgreens for $8.00 an hour.

Post of the week.

[patric]

Now that Trooper Martin is back on the job today protecting Oklahoma...


Being caught dead-to-rights on tape doesnt seem to have the impact it once did. 
Here's an incident where police were recorded sodomizing a man with a Taser and still walked:
http://rawstory.com/08/news/2009/07/25/idaho-man-sodomized-by-police-taser-plans-to-sue/

A Boise, Idaho, police officer who pushed a Taser inside a man's buttocks and threatened to "Taser his balls" violated use-of-force policy, but didn't break the law, an ombudsman has found.

Believing police officers, who did not identify themselves, to be a person coming to "beat him up," he refused to allow them entry into his home.
When officers forced their way in, "three officers rushed in and within nine seconds, had the man face down on the floor and had deployed the Taser against the small of his back. Only after the first [tasing] did they order his hands behind his back," reports the Boise Weekly.

The Statesman printed a transcript of an audio recording of the altercation:

    Officer #3: Do you feel this?
    Complainant: Yes, sir.
    Officer #3: Do you feel that? That's my Taser up your *ss.
    Complainant: Okay
    Officer #3: So don't move.
    Complainant: I'm trying not to. I can't breathe.
    ...
    Officer #3: Now do you feel this in your balls?
    Complainant: I do, sir. I'm not going to move. I'm not gonna move.
    Officer #3 Now I'm gonna tase your balls if you move again.
    A minute later, this exchange occurred:
    Officer #3: Okay, I'm gonna take this Taser out of your a**hole now. Are you going to fight with me?
    Complainant: No, not at all, sir.

LISTEN to the first 3:43 of the arrest in which a Boise man was Tased while face down and handcuffed and his genitals fondled with the Taser. http://media.idahostatesman.com/smedia/2009/07/22/17/BPD_IA_July2009_Audio.source.prod_affiliate.36.mp3

Burns to the suspects anus were photographed 13 days later. http://www.boiseombudsman.org/InvestigativeReports/2009InvReports/09_0014PublicReport.pdf

The Boise Weekly quotes Boise Police Chief Mike Masterson as saying the allegation against the officer is "one of the most serious charges that an officer can face ... It is an offense that is very likely to lead to termination."

But the complainant's lawyer, Ron Coulter, said that the officer in question is still walking his beat.
Another report says Officer #3's supervisor was disciplined in May for failing to file a use of force report and for erasing a taped interview with the complainant on the night of the incident. The ombudsman also found that the Boise police did not identify themselves as officers of the law prior to entering the house.
http://www.boiseweekly.com/boise/police-taser-in-genitals-sparks-investigations-brutality-suit/Content?oid=1115658

[patric]

And are we surprised that he is back at it again?

OHP Investigating New Accusations Against Trooper Daniel Martin
http://www.newson6.com/global/story.asp?s=11255583

Oklahoma Highway Patrol Trooper Daniel Martin was accused of using excessive force during a scuffle with a paramedic back in May.
Martin has once again been put on paid administrative leave after Khristopher Douglas accused the trooper of throwing him to the ground and beating him with a nightstick without any explanation.


HOLDENVILLE, Oklahoma -- An Oklahoma Highway Patrol trooper suspended for a fight with a paramedic in May is on paid administrative leave again after being accused of using excessive force.

This is the second time in five months that Trooper Daniel Martin has been placed on paid administrative leave. Martin was suspended earlier this year after cell phone video surfaced showing the trooper chocking a paramedic.

During his suspension in July, Trooper Martin was forced to undergo counseling for anger management, but a Holdenville man said that anger was on display once again.

Martin's latest scuffle involves a Holdenville man, Khristopher Douglas. Douglas said he was on his friend's property helping with renovations Saturday when troopers pulled up apparently working a traffic violation in Holdenville.

Douglas said he was making his way inside when Martin demanded he move away from his friend's home and come towards the street.

"I said why can't I go inside and be safe, and he said go to the street. So I turned around and next thing I know that officer grabbed my arm and curl up like this while he's beating me," Douglas said.

Douglas said he was never given an explanation and was cited for obstruction.

At the same time, another Trooper was detaining Lucas Carson claiming he ran a stop sign.

Carson said he did not run the stop sign, but said he did witness the incident between Douglas and Trooper Martin.

"He said, 'We're giving you a citation and we're taking that other guy to jail,' and I said, 'Why are you taking that other guy to jail for?' And he said, 'Obstruction of police business,'" Carson said.

Jerry Ford, who owns the house where the incident occurred, also witnessed the altercation and said he thinks Martin lost his temper.

"When he approached me, he approached me with his chest out and just looked like he was ready to fight," Ford said.

Martin and Trooper Tommy Allen are now on paid administrative leave, pending this new investigation.

"That'll give the department time to pull that stuff together, conduct an investigation and determine what cause of action will be required," said Oklahoma Highway Patrol Capt. Chris West.

Douglas sought treatment from a local hospital for his bruises from Saturday's altercation.

"They used too much force and I was complying with them, and they didn't have no reason to do this to me," Douglas said.

Khristopher Douglas is slated to appear in court this Tuesday and said he is considering filing a lawsuit.

OHP officials said they are reviewing video from Saturday's incident. Once the investigation is complete, the video will be made public.

[Conan71]

Do troopers get regular random drug tests?

Sounds like roid rage or a meth head.

[patric]

Do troopers get regular random drug tests?

Sounds like roid rage or a meth head.

The Troopers Association (union) will make sure that never happens.

[cannon_fodder]

Do troopers get regular random drug tests?

Sounds like roid rage or a meth head.

No, no they do not.  For some reason everyone else who drives a vehicle in a "commercial" capacity has to be part of a random drug screening consortium . . . but the police and fire are exempted.  Want to drive a shuttle from the airport to the Double Tree?  Want to drive a 1 Ton pickup with a trailer for your tree service?  You better have a CDL and be drug screened.

Want to drive as your primary job function and be authorized to drive with complete disregard for traffic rules while carrying a firearm, talking on the radio, and checking computer information?  Go for it.

Doesn't make sense to me.  Particularly with the availability of narcotics for police officers and the responsibility as well as trust we place on them. 

[patric]

HOLDENVILLE — A state trooper suspended in July following a scuffle with a paramedic is once again the focus of an internal investigation by the Oklahoma Highway Patrol.

Trooper Daniel Martin was put on paid administrative leave over the weekend following an arrest Saturday in which a Holdenville man claimed he was assaulted by troopers for no apparent reason.

Martin was suspended without pay for five days in July as a result of a widely publicized scuffle he had with a Creek Nation paramedic at Paden on May 24.

Parts of the scuffle were captured on video taken at the scene and also from the dashboard video camera from the state's trooper's car.

In addition to being suspended, Martin was ordered to undergo anger-management assessment.

In Saturday's incident, Martin was the back-up officer for Trooper Tommy Allen, who was also placed on paid administrative leave over the Holdenville arrest. Holdenville is about 90 miles south of Tulsa in Hughes County.

Capt. Chris West, spokesman for the OHP, said Monday a complaint was filed Sunday in connection with the Holdenville arrest a day earlier.

The two troopers were placed on administrative leave based on the complaint, and the fact that Martin was involved in another high-profile case, West said.

West, noting that the case is being investigated by the OHP's internal affairs unit, would not comment on all the details, except to say that an individual was arrested for obstructing an officer at a traffic stop for a stop-sign violation.

The individual has been identified as Kristopher Douglas, 28, who was arrested by the troopers and taken to the Hughes County Jail.

Witness account

Jerry Ford, who lives in the house where the arrest occurred, said Douglas was walking over to his house to help him drywall when the troopers jumped Douglas, put him in a chokehold and then hit him with a baton. He said the incident occurred in his front yard.

Ford said the motorist who allegedly ran the stop sign, Luke Carson, also was coming to his house to help him drywall.

According to Ford, Carson pulled into his driveway about 7 p.m., and behind him came the two troopers, Allen followed by Martin.

Ford said Douglas, who was not involved in the traffic stop at all, was trying to get to his house, but the officers kept insisting that he stand by the street.

Then, all of a sudden, Allen grabbed Douglas' arm and put him in a chokehold and Martin pulled out a retractable baton and struck him in the back, Ford said.

"I came out and asked what was going on," Ford said. "Martin comes up in a fast walk, screaming he's going to put me in jail," Ford said.

"All I asked was that they take it to the street, that they were upsetting my two kids," Ford said.

Ford said he bailed Douglas out of jail about 90 minutes after the arrest. They then tried to file a complaint with the OHP that night, but were told they would have to wait until Monday, he said.

Ford said they eventually contacted an Oklahoma City TV station on Sunday to report the matter.

Ford said neither he nor Douglas knew the names of the troopers, but they did remember badge no. 606, and reported that to the TV reporter, who recognized it as being Martin's.

Once that story aired Sunday night, Ford said they received a call "inside of 10 minutes" from the OHP, telling them they could file the complaint, which they did verbally Sunday night. Ford said a written complaint will also be filed.

Ford said he was surprised to learn that Martin was the same trooper involved in the scuffle with the paramedic.

"Anyone in the United States of America would get run off his job," Ford said. "He (Martin) gets a paid vacation. I don't want to run down the police, but we sure need someone to monitor the police, but no one is above the Highway Patrol.

"It's like now, nothing would have been done had it not been for the media coverage," Ford said.

The Tulsa World has filed a formal request under the Oklahoma Open Records Act for release of the troopers' incident reports, a copy of the complaint and release of the dashboard videotapes from the troopers' cars. None were released Monday.

Trooper's version

Gary James, an Oklahoma City attorney who represents Martin, said his client will be exonerated once the tapes from Martin's dashboard camera are released.

James said he talked with Martin, who told him that Douglas tried to walk through the traffic stop several times and wouldn't heed their commands to stand by the street.

James said Douglas was arrested and the officers had to use force because they felt he was getting hostile.

"He had his teeth clenched as if he was going to do something," the attorney quoted his client as saying.

James said Douglas could be heard in the squad car saying he was sorry and should have heeded the troopers' command.

Records show that in addition to several traffic tickets, Douglas has 2004 felony drug conviction out of Oklahoma County, for which he received a nearly five-year suspended sentence.

Richard O'Carroll, a Tulsa attorney representing Douglas, backed up Ford's version of the events.

O'Carroll is also the attorney for Maurice White Jr., the paramedic involved in the scuffle with Martin in May.

That incident was sparked when Martin claimed the ambulance crew, which was taking a woman to the hospital, gave him an obscene finger gesture as their vehicles passed.

O'Carroll has already filed a federal lawsuit in U.S. District Court in Muskogee against the state for that incident.

Reacting to the latest case involving Martin, O'Carroll said: "This was predictable and outrageous. They've protected, indulged and endorsed this dangerous law-enforcement officer," O'Carroll said of the Highway Patrol.

[cannon_fodder]

an Oklahoma City attorney who represents Martin, said his client will be exonerated once the tapes from Martin's dashboard camera are released.

. . .

James said Douglas could be heard in the squad car saying he was sorry and should have heeded the troopers' command.

1) I think we have heard that before.

2) Funny thing when you beat people, they tend to agree with your position in a hurry.

[Townsend]

2) Funny thing when you beat people, they tend to agree with your position in a hurry.

"thank you" and "may I have another?"

[Conan71]

"'He had his teeth clenched as if he was going to do something,' the attorney quoted his client as saying."

This Martin guy sounds like a total coward.  "As if he was going to do something"??

I bet he's been salivating for the day to use his baton on someone.  As I mentioned before, he needs to be busted down to the little leagues watching Walgreen's or some jewelry store for $8.00 an hour, without any sort of weapon.  What a poor representative for law enforcement.  If he's not fired this time, I expect some serious outrage.

[patric]

One of the news outlets is reporting that former trooper and now State Representative Mike Christian, who sits on the public safety committee, is now in the process of launching an interim study into DPS and OHP.
The reporter apparently didnt bother to ask Christian how he voted in 2005 when DPS asked him and the legislature to exempt OHP and the DPS from the Open Records Law and make them a secret police entity.

Reform, or just political CYA?