Deaths and Injuries in Police Custody

[*Anya*]

Police in six Southern California counties have shot more than 2,000 suspects since 2004. Only one officer was prosecuted and he was acquitted.

Complete story in LA Times dated February 19, 2016:

http://graphics.latimes.com/officer-involved/

[Andrea]

Florida police accused of racial profiling after stopping man 258 times, charging him with trespassing at work

http://www.nydailynews.com/news/national/police-stop-man-258-times-charge-trespassing-work-article-1.1526422?utm_content=bufferf0f3d&utm_medium=socia l&utm_source=twitter.com&utm_campaign=NYDailyNewsT w

In the last four years Earl Sampson, 28, has been questioned by police 258 times, searched more than 100 times, jailed 56 times, and arrested for trespassing 62 times. The majority of these citations occurred at his place of work, a Miami Gardens convenience store where the owner says police are racially profiling.

[Andrea]

Man who died in Box Elder jail was there for not paying a debt

http://www.standard.net/Courts/2016/02/14/Man-who-died-in-Box-Elder-jail-was-there-for-not-paying-a-debt?utm_content=buffereab32&utm_medium=social&utm _source=twitter.com&utm_campaign=buffer

Rex Iverson died in a jail cell shortly after he was taken into custody, but he wasn’t there for a criminal act.

He was there on a civil judgment, for not paying a bill.

Jail and state court statistics and interviews with various officials in the justice system show that a debtor ending up behind bars is relatively rare, but Iverson’s case was instructive: Any Utahn who ignores a civil court judgment and subsequent court orders may end up incarcerated.

On Christmas Eve 2013, the Bear River City man incurred an ambulance bill. Tremonton City won a justice court small claims judgment against Iverson in September 2014 that compelled him to pay the city $2,376.92.

He never paid the bill and ignored repeated court orders to appear, court records show. That led to a county sheriff’s deputy, serving a $350 bench warrant issued by the justice court on Dec. 29, 2015, arresting him on the morning of Saturday, Jan. 23.

Iverson, 45, died in a Box Elder County Jail holding cell early that afternoon while jailers were elsewhere in the jail preparing for the booking process, the sheriff’s office said in a press release reporting the in-custody death. The death is under investigation by the Northern Utah Critical Incident Investigative Team, but foul play is not suspected.

[Andrea]

Lawyers say woman, 50, died after being ‘deprived of water’ at Charleston County jail

http://www.postandcourier.com/article/20160224/PC16/160229636

A woman who was arrested at a hospital over the summer for failing to pay court fines died the next day because she was deprived of water at the Charleston County jail, her family’s attorneys said Wednesday.

Joyce Curnell, 50, of Edisto Island was found dead in the jail shortly before 5 p.m. July 22, a day after being taken from Bon Secours St. Francis Hospital, where she had been treated for a stomach illness.

She spent the last 27 hours of her life behind bars. During that time she became too sick to eat or call for help, according to court documents filed this week. She vomited all night and couldn’t make it to a bathroom, so jailers gave her a trash bag. Some medical staffers ignored the jail officials’ requests to tend to her, the documents alleged.

Curnell’s family filed a notice Wednesday to sue the jail’s medical contractor, Carolina Center for Occupational Health, for malpractice. Unless a settlement is reached, a lawsuit likely will follow. The filing cited expert opinion from a local doctor, who said Curnell’s death “more likely than not” would have been prevented if she had been properly treated for gastroenteritis and dehydration.

The family attorney, James Moore III, said in a statement that her death resulted from a “deliberate failure.” While a suit in state court is planned, Moore said one in federal court could follow.

“Providing access to reasonable medical care to those under police custody is a necessity, not a privilege,” he said. “It is a constitutional right. We are committed to seeking justice for Joyce and for her family.”

Curnell’s death came at a time of increased scrutiny of how black women are handled behind bars. She was one of at least six such women nationwide to die in law enforcement custody that month. They included Sandra Bland, the inmate found hanged in a Texas jail days after a state trooper pulled her from her car during a traffic stop. Her death was ruled a suicide, but the trooper was indicted on a perjury charge for his handling of the arrest.

In Curnell’s death, the State Law Enforcement Division did an investigation and completed a report, SLED spokesman Thom Berry said. The Post and Courier filed a S.C. Freedom of Information Act request for the document, but SLED officials did not turn it over Wednesday.

Attempts to reach the contractor through three telephone calls and an email Wednesday were not successful. Maj. Eric Watson of the Charleston County Sheriff’s Office, which oversees the jail, said he had just learned of the possible lawsuit and had no immediate comment.

State law requires officials to render medical care when inmates need it, said Shaundra Scott, executive director of the American Civil Liberties Union of South Carolina. The Bill of Rights, she said, also demands humane treatment of those incarcerated.

The ACLU plans to monitor the case closely, Scott said.

“It is very unfortunate to hear of another death of an African-American while in police custody,” she said. “If Ms. Curnell was denied medical treatment, then it is our position that her constitutional rights were violated.”

Around noon on July 21, Curnell was taken from Edisto Island by ambulance to the hospital as she complained of nausea and vomiting. She was diagnosed in the emergency room with gastroenteritis, an irritation of the stomach and intestines.

At some point at the hospital, it was discovered that she had a bench warrant in a 2011 shoplifting case. She had been put on a payment plan in April 2012 to cover $1,148.90 in fines related to the charge, according to court records, but she quit paying the following January. After she didn’t respond to a letter from the court, the warrant was issued in August 2014.

No one could tell The Post and Courier how law enforcement got word of the warrant as she lay in the hospital last summer.

The Charleston Police Department was first summoned there, but officers later called deputies from the Sheriff’s Office. Watson said he could not immediately find documentation about how the authorities learned of Curnell’s charge.

The family’s attorney also said he was looking for that explanation.

Curnell was hydrated at the hospital, given medications and told to seek prompt medical attention if she continued to experience pain and vomiting. On top of her illness, she had a history of sickle cell disease, high blood pressure and alcoholism.

Doctors discharged her from the hospital with instructions. The deputies then took her to the jail around 2:30 p.m. It was her only arrest in South Carolina, according to a SLED background check.

A nurse at the jail who examined Curnell when she got there later told SLED that she was complaining only of a headache, this week’s court filings stated. A doctor prescribed medication for the headache and nausea, but the documents alleged that the staffers didn’t follow the hospital doctor’s recommendations.

Instead of staying in the jail’s medical facility, Curnell was taken to a housing unit. Jail officers reported later that she vomited “through the night” and “couldn’t make it to the bathroom,” the documents stated. They gave her a trash bag.

The jailers said they informed the medical staff of Curnell’s condition, but the experts “refused to provide any medical attention to (her) whatsoever,” the court documents stated.

She couldn’t eat breakfast the next morning. No records indicated that she was given water or intravenous fluids to prevent dehydration, the filings added.

A sheriff’s incident report stated that the medical staff checked her around 2 p.m., but within three hours, she was dead.

Maria Gibson, the Medical University Hospital primary care doctor hired as an expert witness for the family, said in an affidavit that Curnell died of complications from her sickness. Coupled with her underlying conditions, Curnell was just too sick to overcome dehydration without aid, Gibson said.

Gibson blamed a “series of conscious violations.”

“Simply put,” the doctor said, “Ms. Curnell died because she was deprived of water.”

[Cin]

So apparently we do have debtor's prison. Even in cases of bills for medical emergencies, like Mr. Iverson who died while in jail for an ambulance bill. Not that I think prison is the place for people who owe money period, except maybe Wall Street and banks too big to fail who owe tons of money and should be jailed for cowboy moves and questionable tactics and of course just outright stealing the Public's money using complicated tricks and sleights of hand.

I just think it's particularly despicable when jail is inflicted on those who owe money for hospital bills. One of the ways it has been made legal for you to get jail time for owing money, aka debtor's prison, is if a judge decides the nonpayment is willful. This is extremely arbitrary as it is left to the judge's discretion. A judge can decide it because of the way you are dressed, or they can just consider all nonpayment willful unless you can show that you have exhausted all sources of possible income, such as quitting smoking, asking family and friends for loans, returning used soda cans and bottles and whatever hairbrained idea the particular judge you draw thinks is fair. It is so arbitrary it is ridiculous.

Big banks willfully refuse to pay their debts and then they cause there own demise. They take trillions of dollars from the government, which means, technically, from us and still they continue to put us all in jeopardy by refusing to stop taking dangerous chances with the economy and with our money. The government is not a separate entity; it is owned, run and paid for by the people so they are hurting us and we have no recourse. But they have so much recourse that banks can have us jailed for losing our jobs and not being able to pay them. Corporations avoid their responsibilities as citizens by refusing to pay their fair share of taxes and not paying importing for all the products they make overseas and declare as American made. Are they not willfully refusing to pay?

This debtor's prison is really scary since it can easily with just a little bit of misfortune, make criminals of us all...well, I guess technically, not all of us, just 90% of us.

[Andrea]

Man, Woman Killed in Police Shooting Were Unconscious When Police Arrived: Mayor

http://www.nbclosangeles.com/news/local/couple-killed-inglewood-police-shooting-asleep-mayor-butts-369902981.html

Both the man and woman who were mortally wounded during an officer involved shooting were unconscious when Inglewood police first responded to where they were sitting in a car, said Inglewood Mayor James Butts Tuesday in response to questions about the incident.

For at least 45 minutes, police attempted "to rouse" them in an effort "to de-escalate the situation," said Butts. It is the first public explanation for what transpired early Sunday morning during the time between the initial call and the shooting. Police previously had stated responding officers saw the woman had a gun, retreated to behind cover, and then gave orders for the couple to exit the vehicle.

"Obviously at some point they were conscious because somebody felt threatened," said Butts, a retired law enforcement officer who previously had served as police chief in other cities. He said it is important for police to finish their investigation, and verify facts, before commenting further.

Andrea: Bolding mine

[Andrea]

Witness, family of victim speak about Montgomery officer-involved shooting

http://www.tucsonnewsnow.com/story/31311999/montgomery-man-killed-in-officer-involved-shooting

Family members of the Montgomery man who was killed in an officer-involved shooting Thursday have identified him as 59-year-old Gregory Gunn.

According to Montgomery Police Chief Ernest Finley, the shooting happened around 3:20 a.m. in the 3200 block of McElvy Street, which is in the Mobile Heights neighborhood. This is the first fatal police shooting in Montgomery in five years.

Finley said the officer was on routine patrol when he noticed what he believed to be a suspicious man walking down the street.

"At this point in time what we have is we had a suspicious person, and the officer engaged that individual. There was a slight struggle that continued for about a block or so at which time the officer fired and shot and killed the suspect," Finley said.

The investigation was turned over to the State Bureau of Investigations, which is common practice when an officer is involved in a shooting. The investigation could take months.

When asked if the man was armed, Finley said "there was some indication of some instrument." He later called it a stick, pole and painting pole.

Finley says the officer, who was identified as a young officer with under four years with the department, has been placed on administrative leave. The police chief said he doesn't know if the officer was injured. The officer will be "isolated" and interviewed.

The findings of the investigation will be turned over to the District Attorney's office. Montgomery County District Attorney Daryl Bailey released the following statement:

I assure our community that once the investigation into this matter has concluded that the Montgomery District Attorney's Office will review all the evidence in a thorough manner and will conduct any additional investigation if it is deemed appropriate or necessary. I also assure our community that once this investigation is concluded and I am satisfied that all evidence has been collected and reviewed that this case will be heard by a Montgomery County Grand Jury.

I encourage anyone with information regarding this incident to contact ALEA at (800) 392-8011 or the Montgomery County District Attorney's Investigation Unit at (334)-832-1642.

Gunn lived in the community, and the initial encounter was about a block or so from where he lived.