Officer JBT arrests Nurse...

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JU-87
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Officer JBT arrests Nurse...

Post by JU-87 »

It's not enough to violate an unconscious person's civil rights, let's violate the Nurses too! :shock: :roll:


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How about this one from Salt Lake City:
ER nurse refuses (per policy agreed upon by hospital and SLC PD) that she's not allowed to draw blood from an unconscious patient unless he gives consent (impossible), or the officer arrests him, or they get a warrant for the draw.

So, instead of making the arrest, or obtaining the requisite warrant, Officer Jackboots arrests the nurse in the ER!
For refusing to break the law, violate hospital policy, do something unethical, and commit both a civil rights violation and an act of battery on the patient.

(Story link)

God help you jackbooted thugs if you get shot or injured.
I won't...
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Re: Officer JBT arrests Nurse...

Post by Javelin Man »

Officer Unfriendly should be forced to work 100 hours in the emergency room as community service before finding a new line of work.
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Re: Officer JBT arrests Nurse...

Post by Bruenor »

When she's telling him about the agreed upon policy, shouldn't he call his supervisor for verification before becoming unhinged ?
https://www.nbcnews.com/news/us-news/ut ... ce-n798021" onclick="window.open(this.href);return false;
Wubbels was later released and no criminal charges were filed against her.

Payne, who remains on active duty with Salt Lake City police but has been suspended from the blood draw program, did not immediately respond to a request for comment.

A Salt Lake City police spokeswoman said the department has been working closely with the hospital to ensure such actions never happen again and that it is alarmed by what occurred.

Officers have been briefed about the law for drawing blood and on policy, training and actions, she added.

An internal affairs investigation remains ongoing.
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Re: Officer JBT arrests Nurse...

Post by Brian D. »

Report I read says the officer called his lieutenant, who greenlighted the arrest. And, another officer at the scene backed Payne's play, telling the nurse she was in the wrong. (I haven't clicked on the link provided here yet, is that info in there?)
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Re: Officer JBT arrests Nurse...

Post by deanimator »

  1. Sue the perpetrators and their agency.
  2. Use the settlement money to make their lives a living hell.
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Re: Officer JBT arrests Nurse...

Post by qmti »

In past years my father in-law was a deputy sheriff, I've has state patrolman and policeman work for me, and I do have former police officers as friends. I've always been pro law enforcement. Sadly, with the daily news of LEO behaving badly I'm becoming more cautious about my views of LEO. And my wife was a nurse and worked in the ER. If this would have happened to her I'd be looking for the best lawyer in the country.
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Re: Officer JBT arrests Nurse...

Post by docachna »

What I haven't read anywhere so far is - did he have the legal capacity to order her to draw the blood under these particular circumstances ?

If "no", I'm not sure what the h-e-double hockey sticks he arrested her for. If "yes", well, then, it falls under the same category as "arguing by the roadside". I know there's a lot of fuss being made about it, and he's in hot water, and all that, but that's "assuming" he was in the wrong. And I just don't know that yet. Might very well be. If so -- well, hope the pooch kissed you................. :lol:
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evan price
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Re: Officer JBT arrests Nurse...

Post by evan price »

The Supreme Court ruled a year ago that blood draws must be either by consent or by warrant.
This situation meet neither of them.
The patient was unconscious and comatose. Patient was the victim of a crime. Patient had no criminal record and in fact was a reserve police officer as well as a truck driver.

This was contempt of cop...by a cop who didn't know the law, aided and abetted by other cops who either didn't know the law either, or who chose a brother officer over the law.
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Re: Officer JBT arrests Nurse...

Post by Atilla »

Even if the cop had a warrant the staff at the hospital are not officers of the court and could not be compelled to do anything. They usually will work with a court but it's a courtesy.
The next few police ( either on or off duty) will get some strange looks next time they go into an emergency room thanks to this idiot and his lieutenant. They both need fired and sued into poverty, along with the department.
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Re: Officer JBT arrests Nurse...

Post by djthomas »

Atilla wrote:The next few police ( either on or off duty) will get some strange looks next time they go into an emergency room thanks to this idiot and his lieutenant. They both need fired and sued into poverty, along with the department.
Obviously I tend to give officers the benefit of the doubt on stuff, as I do most people, until proven otherwise. But that chief in Texas (the one who was off duty whom they made go put his gun back in his car) shouldn't be surprised if the way he was treated becomes SOP.

As a side note, now that the facts are starting to come out and this is receiving more credible coverage than some ranting blog posting we're learning:
1. The nurse was released 30 minutes later without being charged.
2. The officer and another are on full leave while this is sorted out.
3. Not only was the officer out of line constitutionally but he was violating clearly established police department policy. Nonetheless the PD has already changed its policy to word for word mirror the hospital's.
4. The mayor and police chief have personally apologized to this nurse, and she believes them to be sincere.
5. The police spokesman has said the department was alarmed by what the video showed - no victim blaming here.
6. The hospital is investigating why its police officers who were present did not intervene.
7. The victim is reserving the right to file charges if meaningful action doesn't occur and she has the full support of her employer and the authorities to do so.

Is this a garbagey situation? Sure is, but at this point all the processes that should be followed are being followed and the authorities are saying the right things to the public and the victim.

Lastly from a constitutional perspective, no a professional cannot be ordered to do something. Can I order a doctor out of his car during a traffic stop? Absolutely. Can I order a doctor to treat a prisoner's hangnail? Not so much. Now if you fail to do something that your professional duty requires I could report you to your accreditation board (as could any private citizen) but absent a specific criminal statute to the contrary it's a civil issue. Our policy is crystal clear that even with a warrant in hand we cannot compel any particular healthcare professional to carry it out, even if the wording of the warrant seems to say otherwise. Not touching that with a 10 foot pole.
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Re: Officer JBT arrests Nurse...

Post by Chuck »

The cop himself was going to draw the blood, and the nurse wouldn't give him permission to do so.

So far the only thing to happen to the cop is he isn't allowed to draw blood anymore, and that may be temporary
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Re: Officer JBT arrests Nurse...

Post by Michael »

evan price wrote:This was contempt of cop...by a cop who didn't know the law, aided and abetted by other cops who either didn't know the law either, or who chose a brother officer over the law.
I am guessing they do know the law. The problem is that they don't care what the law says.
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Re: Officer JBT arrests Nurse...

Post by dustymedic »

I've read in numerous versions of this that have said that the patient was not under arrest and was unconscious. It has repeated been said that the agreement between the hospital and the department was that the department could draw blood if the patient was in custody, they had a warrant, or had given consent. Most states implied consent laws apply only to necessary medical treatment to sustain life. The number #1 rule for all hospital RNs (been married to one for 26 years and worked hospital security for 10) is that you do not do anything counter to hospital policy or protocols without contacting legal and/or the nursing supervisor. If she stood by and allowed the officer to draw blood, she would have placed her job and nursing license at risk by allowing an assault to take place against an unconscious patient in her care. just because he is peace officer who is trained and licensed to perform the task does not make it legal, because the patient could not give consent and was not in custody. The whole purpose of the blood work was just a matter of crossing all the Ts and dotting all the Is because the patient was not the bad guy and was in fact the victim. Waiting to see what happens to the detective, uniformed officers, or even the chief over this illegal assault and obstructing the nurse from doing her job.....
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Re: Officer JBT arrests Nurse...

Post by deanimator »

djthomas wrote:1. The nurse was released 30 minutes later without being charged.
Is there ANY searchable record of that arrest which might in the future come to light in ANY employment screening, licensing (nursing, firearms, etc.), or other process? If so, and for as long as it exists, she's been tangibly and irreparably harmed by the false arrest.

If she'd violently resisted the false arrest for "only" 30 seconds, would you have the same reaction?

If there's even the SLIGHTEST chance that an employer or other entity entitled to screen her background might come across this arrest information and could view it in a negative light, she has been harmed and deserves to be compensated.

There isn't the slightest reason why she should show the cop or the city ANY mercy at all.

And speaking of "saying the right things", has the union weighed in yet?

I wonder when the organized social media campaign against the victim kicks in...
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Re: Officer JBT arrests Nurse...

Post by deanimator »

Michael wrote:
evan price wrote:This was contempt of cop...by a cop who didn't know the law, aided and abetted by other cops who either didn't know the law either, or who chose a brother officer over the law.
I am guessing they do know the law. The problem is that they don't care what the law says.
That's frequently the way it turns out, and not infrequently recorded on audio and video.
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