Police brutality on disabled person

[SkeeterBug]

What is the name of your state?Oregon. My sister who is a middle aged disabled woman got into a dispute with a local business that ripped off a cancer patient. during the dispute the store clerk told my sister why didn't she leave and my sister requested that the clerk call the police to settle it and so the clerk called 911 (which in my opinion he abused the 911 system) when the police came they arrested my sister for trespass and she said she stood there calmly and told the officer that she could not put her hands behind her back because of her disabilities. (my sister has degenerative disk disease) the cop did not listen while she told him several times that she could not physically put her hands back there. the cop tried to force her hands where they wouldn't go and she said she cried out in pain and told them they were hurting her. they finely got a second pair of handcuffs. She was taken outside and let go but the cop injured her back and he neck. This happened almost a month ago and she has been in constant pain from that and she has been to a doctor and she has more appointments. She went to court and they are pressing charges but she has been in contact with officials about this injury and she said they are acting like its her fault when the cops would not listen to her. She was not resisting arrest. She is demanding that the city cover her medical expenses and has requested their insurance info more that 2 times and so far has not gotton it. Does she have a case? because she is mad and is now threatening lawsuit. My sister can barely walk because she is in so much pain. What kind of resolution can she recieve from this. She is not mad that she was arrested she is mad because of the behavior of the cops

 

[Crazed98]

She was causing a disturbance in the store and I am sure the cops did not go straight in trying to arrest her.

They probobly told her she had to leave but refused so they tried to handcuff her.

It is unfortunate but it is your sister's fault.

 

[Curt581]

Passive resistance is just as illegal as active resistance.

Telling the cops, "You can't arrest me, because... " is ALWAYS a bad idea.

 

[SkeeterBug]

it is not my sisters fault

my sister did not resist arrest. This business is very crooked. my sister is not asking for special rights. she stood there and calmly let them arrest her she put her hands at her sides for them to handcuff them. She told the cops that she was disabled and could not put her hands behind her back because of a disease. the cops tried to force her arms and hands where they would not go. She did not tell the cops she would not leave. she asked the business to phone the police to settle the dispute they abused the 911 system. it was an appliance store that sold a defective dryer to an aunt that is terminally ill and they refused to honor the warrenty. how the hell can it be my sisters fault when she was standing there calmly and the cop was pulling on her arms and she kept telling the cops she was disabled a person no matter what has rights and this young cop. when they arrested her she did not argue or demand special rights. even after she was crying out in pain they kept hurting her and all she was doing was standing there. why the hell should she pay the medical bils from this when this cop injured her. my sister is in so much pain that she is now having to under go physical therapy. why do you people assume stuff that is not in the post. good grief we are talking about a disabled middle aged woman not a young punk. btw this business has ripped off several people in this town. they break the law all the time and all my sister did was threaten to turn them in to the attorney generals office for fraud. in the past when they were forced to give refunds to people for bad good this business would write rubber checks. you guy's problem is you lump everyone in this mold and assume every situation is the same. my sister has rights not to be injured. she told that SOB several times that she could not move her arms he (the pig sucking sob) kept pulling and then when she cried out he even ignored that. My sister has witnesses to the brutility and then they took my sister outside and searched her. and I thought that when a female was arrested that a male cop could not search a female person. Even when my sister did not have in her possession her purse (it was sitting on counter in store) the cops went through it and went through her wallet. By the way the police dept her has been in trouble several times in the past they used to use cattle prods on people they arrested.

 

[CdwJava]

my sister did not resist arrest.

She did not comply and she refused to leave when told to do so. She committed the crime of trespassing.

This business is very crooked.

A civil matter - not one for the police. The police have no authority to settle a dispute over money or services.

she stood there and calmly let them arrest her she put her hands at her sides for them to handcuff them.

We don't carry cuffs that cuff people's hands at their sides.

She told the cops that she was disabled and could not put her hands behind her back because of a disease. the cops tried to force her arms and hands where they would not go.

Unless her infirmity was visibly obvious, her mere statement that her arms don't move behind her is likely to be met with skepticism. We hear that sort of thing a lot. And, unfortunately, there are a lot of dead cops who failed to handcuff their otherwise "harmless" suspect properly.

She did not tell the cops she would not leave. she asked the business to phone the police to settle the dispute

That is not the job of the police. We do not settle civil disputes. Legally we CAN NOT do so. However, when the clerk alleges a criminal act (trespassing) then we do have something to act upon.

they abused the 911 system.

Maybe. But that's between the police and the store clerk. It has nothing to do with your sister.

it was an appliance store that sold a defective dryer to an aunt that is terminally ill and they refused to honor the warrenty.

Definitely not an issue that the police can resolve.

why the hell should she pay the medical bils from this when this cop injured her. my sister is in so much pain that she is now having to under go physical therapy.

Hopefully her insurance will pay the bills. She can also hire an attorney and see if she can sue the city for the cost of her medical bills. However, unless her infirmity was obvious to the officers, chances are they are not going to be held responsible for her bills. People complain about being cuffed all the time, and the courts do not expect us to defer handcuffing solely on the word of the person being cuffed.

good grief we are talking about a disabled middle aged woman not a young punk.

It's not the young punks that tend to kill cops. And even middle aged women can kill. While this may be outside your paradigm, it is not outside of ours.

and I thought that when a female was arrested that a male cop could not search a female person.

You thought wrong. When they get to the jail, generally a female officer would be required to do a booking search (if required for her offense), but in the field this is NOT a requirement. If it were, my county could never arrest a female at all as we have 6 female officers in the whole county outside the jail.

Even when my sister did not have in her possession her purse (it was sitting on counter in store) the cops went through it and went through her wallet.

Perfectly lawful as a search incident to arrest.

By the way the police dept her has been in trouble several times in the past they used to use cattle prods on people they arrested.

"Cattle prods"?? I doubt it. Stun guns, maybe ... but, cattle prods??

- Carl

 

[Crazed98]

(the pig sucking sob)

Thats a new one.

 

[AmosMoses]

Skeeterbug,

Don't waste your time arguing with all these people! They do not know what they are talking about! I can't believe you can't make them understand how this question needs to be answered!!! Your sister has the best legal case I have ever heard of. I mean, think about it....she drug herself out of her sickbed to assist someone who was victimized by this store, and when she very calmly tried to explain her point, this N@zi cop put the Kung Fu grip on her and probably broke several of her vertebrae! I bet the only reason that they did not use the cattle prods on her is because they did not want to be seen doing it. And then the clerk ILLEGALLY used the 911 system by calling the cops with it! Jeeze, next thing you know the idiot is gonna be calling the Fire Department with it!!

I also totally agree with you about the cops bullying her....I mean, who ever heard of a dangerous middle aged woman that needed to be cuffed? I once knew this real gentle middle aged lady who was also treated this way by cops...her name was Aileen Wuornos...real sweet lady, but that's another story.

Anyway, you need to head directly to a lawyer's office. Don't pay any attention to these other people replying here...I would bet you that only about 90% of them are lawyers anyway...what do they know? You will see EXACTLY what I am talking about here when you see just how fast the lawyers you speak to jump right on this case, like ducks on a Junebug! I bet these people that are replying here are just jealous that they can't get such a great case for themselves!

 

[Curt581]

I once knew this real gentle middle aged lady who was also treated this way by cops...her name was Aileen Wuornos...real sweet lady, but that's another story.

Yeah... real sweet lady. A crack addicted prostitute / serial killer executed by the State of Florida.

How many Johns did she murder?

 

[Veronica1228]

Aileen Wuornos aka The Black Widow who ate her men, hmmmm I wonder if she wore high heels?

That seems like a pointed remark....

 

[rmet4nzkx]

Your sister asked to be arrested. DDD does not prevent her from bending her elbows, she was resisting arrest that she asked for. She has no case, she is just looking for a deep pocket ot sue, makby she thinks she's a first class sewer?

 

[CdwJava]

Don't waste your time arguing with all these people! They do not know what they are talking about!

Of course not.

And your legal expertise comes from ... where?

I can't believe you can't make them understand how this question needs to be answered!!!

It has been answered. It may not be the answer Skeeter wanted to hear, but it has been answered. And for a detailed local response, an attorney is certainly a viable alternative. Though unless the officer should have reasonably known (and saying so does not meet that requirement) that the woman had a medical condition that prevented her arms, then there is no unusual liability against the officer.

Your sister has the best legal case I have ever heard of.

You need to get around more.

And then the clerk ILLEGALLY used the 911 system by calling the cops with it!

Let's see ... someone refusing to leave the store - a crime ... trespassing. While it COULD have been handled by a call to the non-emergency line, I doubt that any jurisdiction would get a conviction for calling 911 to ask for an officer to remove a trespasser.

The store may well be a ripoff. But, that doesn't give others a legal right to remain when told to leave.

I also totally agree with you about the cops bullying her....I mean, who ever heard of a dangerous middle aged woman that needed to be cuffed?

I have. And I know officers that have been KILLED when they failed to properly cuff men, women AND children. That's why we have policies mandating handcuffing.

Personally I handcuff EVERYONE - even children.

I once knew this real gentle middle aged lady who was also treated this way by cops...her name was Aileen Wuornos...real sweet lady, but that's another story.

A mass murderer ... niiiice.

I bet these people that are replying here are just jealous that they can't get such a great case for themselves!

Oh yeah ... that's it.

- Carl

 

[Veronica1228]

You know Carl, the last thing I would ever want to do is correct you, but it's clear (at least to me) that AmosMoses was being sarcastic in his support for the OP. I really think he was joking.

 

[CdwJava]

You know Carl, the last thing I would ever want to do is correct you, but it's clear (at least to me) that AmosMoses was being sarcastic in his support for the OP. I really think he was joking.

Around here it is hard to tell sometimes. I thought it MIGHT be a put-on after the support for the mass murderer ... but, when I observed his reply to the Texas guy whose wife racked up his cards in Italy, I became pretty certain that he was tongue-in-cheek here.

However, I will pause before deleting my previous post until we hear from the horse's mouth.

- Carl

 

[AmosMoses]

Veronica...

Thanks for the defense, although I swear I never thought I would need it! My daughter just came in the room to see if I was having a heart attack or something, I was laughing so hard at the previous post!! I have literally laughed so hard that I had tears rolling down my cheeks!

 

[AmosMoses]

Please Don't Erase It! It's Hilarious!