Deaths and Injuries in Police Custody

[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.

[Andrea]

It doesn't appear this incident was in the news so I am posting the court opinion. Also, I found no mention of when this happened but no matter, it is still ugly.

http://www.ca6.uscourts.gov/opinions.pdf/16a0112n-06.pdf?mc_cid=a28b9d18b8&mc_eid=bdf013911c

According to Cheryl McCarty, she was driving her three young grandchildren to school when Officer Birberick pulled her over and accused her of illegally passing a stopped school bus. She argued with him, claimed there had been no school bus, accused him of racism, and refused to accept the ticket, letting it instead drop on the ground. Officer Birberick returned to his patrol car—a large SUV—and drove away. But McCarty, who had turned off her ignition but not her headlights, had accidentally drained her car battery and could not restart her car. Stranded on the side of a very busy city street, she turned on her emergency lights and attempted, unsuccessfully, to phone a friend for assistance. Approximately 20 minutes later, Officer Birberick returned, as part of his routine patrol, and pulled up behind her. When he approached McCarty’s driver-side window, she rolled her eyes in disgust and looked away. They did not speak. Officer Birberick returned to his SUV, which he then rammed into McCarty’s sedan from behind, purportedly to move her car off the busy street into the adjacent gas station lot. He did not forewarn McCarty of his intention to ram her car and the collision took her and the children by surprise, throwing them from their seats.

Rather than moving the car to the gas station, however, this collision actually forced the car further into traffic. McCarty and the children were wailing in panic. Officer Birberick got out of his car and began screaming at McCarty that she could have been killed, though he did not specify what she had done wrong or should have done differently. He then waited for traffic to clear and rammed her car again, this time so hard that he knocked the rear end of the car up off the ground, causing it to lurch into the gas station, just missing the gas pumps. At this point, McCarty was dazed, the children were on the floor with one bleeding from the head, and the car was severely damaged. Officer Birberick drove off without any further interaction.

A service station attendant jump started the car and McCarty drove the damaged car and children away. She filed a police complaint and, eventually, this lawsuit. Officer Birberick moved for summary judgment on qualified immunity which the district court denied upon concluding that, taking these facts in the light most favorable to McCarty, a jury question remained as to whether Officer Birberick’s ramming of her car, without warning and with three young children in it, was so outrageous as to shock the conscience and violate McCarty’s clearly established, substantive due process rights. Officer Birberick appeals.

[Andrea]

Witness says 16-year-old boy shot by police in downtown Salt Lake City

http://www.sltrib.com/news/3591149-155/shooting-involving-police-creates-chaotic-scene

Police on Saturday were investigating the shooting of a teenager by Salt Lake City police.

Few details were available late Saturday. The shooting occurred about 8 p.m. near 250 S. Rio Grande St. Selam Mohammad told The Salt Lake Tribune a police officer shot a friend, a teenage boy.

Salt Lake City police late Saturday confirmed one officer, and possibly a second officer, were involved in the shooting, but did not provide more details. The victim was taken to the hospital, but no information about his condition was provided. There was conflicting information about the boy's age.

Detective Greg Wilking would only confirm that "shots were fired," but not how many.

Salt Lake City police later said in a tweet that officers were responding to a call in area when they were alerted to assault in progress.

The officers "tried to engage altercation," the tweet added.

After the shooting, Salt Lake Tribune journalists saw and heard onlookers yelling obscenities at police and throwing rocks.

There were "a lot of hostile people upset about what had taken place," Wilking said.

Police detained multiple people, but Wilking could not elaborate on why.

According to Mohammad, the victim and a man were in a confrontation, and the victim was holding part of a broomstick at his side when officers ran up.

"They told him to put it down, once," Mohammad said, and "started shooting him as soon as he turned around."

Mohammad said that the teenager was hit in the chest and stomach.

Neighboring departments, including Unified Police Department, West Valley City, Sandy and University of Utah police, deployed to assist Salt Lake City officers. In all, almost 100 officers, come carrying riot shields, arrived.

At 8:40 p.m., a line of officers moved people down the sidewalk on the south side of 200 South, from Rio Grande to 400 West.

Police closed the Trax Blue Line before the Old Greektown stop, providing difficulties for some fans leaving the Utah Jazz game. The TRAX trains resumed about 11 p.m.

The Unified Police Department will be investigating the shooting. Wilking could not say whether the incident was captured on officers' body cameras.

Wilking encouraged anyone with information about the shooting to contact the police.

[*Anya*]

Delaware officer who kicked black suspect in head resigns, gets $230,000

DOVER, Del. — To Kentrell Sewell, it was barely worth notice that Thomas Webster IV had resignedfrom the Dover Police Department.

Webster, a Dover police corporal, was acquitted of a felony assault charge late last year after a police dashcam captured him kicking a black man in the head during a 2013 arrest.

"He didn't take responsibility. No jail, no nothing," Sewell said Wednesday while seated for a trim at a downtown Dover barbershop. "Now, if it's not going to happen in Dover, he's just gonna kick somebody somewhere else."

Sewell's reaction to Webster's resignation signifies the lingering distrust still simmering in Dover after the August 2013 encounter between Webster and Lateef Dickerson, whose jaw was fractured by the kick.

Webster, indicted by a second grand jury after a first declined to issue charges, faced trial in late 2015. After being found not guilty of felony assault, he returned to the department's payroll while on administrative leave, even as community activists and African-American leaders urged the city to fire him.

Late Tuesday, Dover announced Webster would separate from the force by June 30. His day-to-day work for the department is over immediately and a settlement agreement between Webster and the city says he "shall not enter the Dover Police Department building or communicate with the City of Dover or its representatives."

He remains on administrative leave until his separation.

http://www.usatoday.com/story/news/n...ion-topstories