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Thread: Cop arrests and drags nurse from hospital for refusing warrantless blood draw on patient

  1. #31
    Quote Originally Posted by jllundqu View Post
    It amazes me that the nurse even challenged the cop and that she ACTUALLY KNEW THE CONSTITUTIONAL REQUIREMENTS!

    Warrant, Suspect in a Crime, consent, or GTFO.....
    It's not just a constitutional requirement (although that should be the main reason). There's also HIPPA which is drilled into our heads from day 1 of job orientation. Essentially there's only two ways to share any sort of patient information, someone comes to you with a warrant or a patient gives you permission.
    Quote Originally Posted by timosman View Post
    This is getting silly.
    Quote Originally Posted by Swordsmyth View Post
    It started silly.
    T.S. Eliot's The Hollow Men

    "One of the penalties for refusing to participate in politics is that you end up being governed by your inferiors." - Plato

    We Are Running Out of Time - Mini Me

    Quote Originally Posted by Philhelm
    I part ways with "libertarianism" when it transitions from ideology grounded in logic into self-defeating autism for the sake of ideological purity.



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  3. #32
    ‘Unjust,’ ‘unacceptable’: Salt Lake mayor, police chief react as outrage builds over nurse's arrest
    http://www.deseretnews.com/article/8...es-arrest.html
    After Wubbels' story spread nationally in a matter of hours, Salt Lake City Mayor Jackie Biskupski called the arrest "unjust" and "unacceptable" during a news conference Friday. The mayor said she learned of the July 26 incident when she saw the video Thursday.

    Biskupski called Wubbels this morning, she said, and apologized for "what she went through for simply doing her job."

    "No medical professional in Salt Lake City should be hindered from performing their duties, and certainly not be fearful of the police officers they come into contact and work in partnership (with) often to save the lives of others," she said.

    Standing at the mayor's side, Salt Lake Police Chief Mike Brown said the department took immediate action after the incident, including updating its policies regarding blood draws, meeting with representatives from the hospital and University of Utah law enforcement, and apologizing for what occurred.

    Brown also confirmed that the Salt Lake police detective in the video, Jeff Payne, has been suspended from the blood draw program but has not been placed on leave.

    Brown conceded he was "alarmed" by what he saw in the officer's video, saying he hopes the department can "learn from mistakes."
    Hollow words. They apologize only after public outrage but keep the officer on duty. Meh.

    It is not just the officers actions with this nurse. There was no reason for him to even ask for a blood draw on the victim who was hit head-on by a wrong way driver the cops were chasing as shown from dash cam. (What was his intent here, perhaps put some of the blame for the accident on the truck driver so the cops are not culpable for any blame in the chase?!)

    He also threatened as an ambulance driver to take patients to other hospitals which could depending on time and location put patients at risk.
    Last edited by kahless; 09-01-2017 at 04:15 PM.



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  5. #33
    The nurse is lucky that they didn't perform a blood draw on her while she was in the cop car.

    They seem a bit needle happy, to say the least.
    Quote Originally Posted by Swordsmyth View Post
    You only show up to attack Trump when he is wrong
    Make America the Land of the Free & the Home of the Brave again

  6. #34
    Quote Originally Posted by RonZeplin View Post
    The nurse is lucky that they didn't perform a blood draw on her while she was in the cop car.

    They seem a bit needle happy, to say the least.
    Or an eleven minute cavity search.

  7. #35

  8. #36
    Quote Originally Posted by jllundqu View Post
    The nurse isn't even taking civil action against the department for false arrest. Give me a $#@!ing break. Talk about lambs to the slaughter.
    Court is a Civil discourse, Wubbels. Its there to stir a discourse over these kinds of State crimes, but she's too wubbely not make a case for yourself. Re-education is simply more propaganda by another name. The only "re-education" we can expect from a police state is further domestication. If she won't charge, what in the world does she think we're going to do? How entitled can she be?!

  9. #37
    Lol. Now. Now, people are finally getting outraged over abuse of power. I guess that's a good thing.

    But it seems like America is a little late to the party on this one.
    "And now that the legislators and do-gooders have so futilely inflicted so many systems upon society, may they finally end where they should have begun: May they reject all systems, and try liberty; for liberty is an acknowledgment of faith in God and His works." - Bastiat

    "It is difficult to free fools from the chains they revere." - Voltaire

  10. #38

  11. #39
    Quote Originally Posted by navy-vet View Post
    How annoying. They don't allow hot links but here's a link. It's a different bodycam video: Different body cam of Utah nurse being arrested

  12. #40



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  14. #41
    The Mayor should demand the police chief fire the officer.

  15. #42
    Quote Originally Posted by oyarde View Post
    The Mayor should demand the police chief fire the officer.
    And so they move on to another department because the City doesn't want to give a bad reference and chance a lawsuit.

  16. #43
    Fortunately for her there were witnesses and cams otherwise he would have likely "loosened her up some" with a baton or taser either before or after the cuffs. Can't have these mundanes questioning the authority of the enforcers.

  17. #44
    Quote Originally Posted by CaptUSA View Post
    But it seems like America is a little late to the party on this one.
    Yeah, way too late, and not even fashionable. And sense she isn't prosecuting, I don't feel sorry for her either.

  18. #45

  19. #46
    Quote Originally Posted by Origanalist View Post
    No $#@!. Could you imagine what would have happened if someone had told one of the other cops "Looks like that is going to be a coupla million from your retirement pension." I believe there would have been some escalation to de-escalate real quick.

  20. #47
    Police Union Complains That Public Got to See Them Roughing Up Utah Nurse

    http://reason.com/blog/2017/09/27/po...t-public-got-t

    Transparency about behavior of government employees is not a violation of due process.

    Scott Shackford|Sep. 27, 2017 1:25 pm

    Alex WubbelsSalt Lake City PoliceThe head of the Salt Lake Police Association has watched the country's outrage over the videos showing a nurse getting arrested for refusing to draw a man's blood without a warrant and has decided the correct response is to complain that the public got to see what its officers did.

    Union head Stephen Hartney sent a letter to the city's mayor and police chief to complain video of the brief arrest of nurse Alex Wubbels has made "pariahs" of Det. Jeff Payne and his watch commander at the time of the incident, Lt. James Tracy.

    Wubbels became an insta-celebrity on Labor Day weekend after she released police body camera footage showing Payne very forcefully arresting her at University of Utah Hospital because she refused his demand that she draw blood from an unconscious victim of a nasty high-speed car crash. The patient, William Gray, was not a suspect, nor involved in the chase, and Payne didn't have a warrant. Wubbels, surrounded by staff at the hospital, explained that she was not permitted to draw the man's blood. Payne arrested her, in what appeared on video to be sheer frustration at having been defied.

    Payne and Tracy have been placed on leave while the case was investigated. A couple of weeks ago the city revealed an internal investigation and a civilian review board determined the two officers violated department policies.

    Hartney this week complained the police body camera footage should not have been publicly released until the investigation was completed. From the Salt Lake Tribune:

    The letter said the union was, at this point, not arguing or even discussing the merits of the allegations raised against the officers. "Rather we are solely concerned... with the 'investigatory process' which we believe has been corrupted."

    The letter claims the city has not followed an "agreed upon and carefully scripted process" for investigating the conduct of police officers. At the news conference, Hartney focused on if the city should have released the footage so soon under the state's Government Records Access and Management Act (GRAMA), considering the release could have interfered with the internal affairs investigation.

    The release of the body cam footage and information from the disciplinary investigation "has created a public furor which makes reasoned determinations difficult, if not impossible," the letter states.

    The city, however, didn't release the videos. It agreed to a request by Wubbels to release the footage to her, following the law Hartney referenced. The city said it had no good reason to deny the video footage to Wubbels.

    The two officers weren't even put on administrative leave until after Wubbels went public with the video footage.

    What might have been forgotten in all of this is Wubbels released the video because she believed she was exposing a widespread problem of police bullying nurses into drawing blood without consent or a warrant.

    And while Wubbels was pleased the Salt Lake City Police had been responsive to her claims of abuse, she and other hospital staff were concerned about other law enforcement agencies, including university police. Campus police did absolutely nothing during the arrest, and since then the hospital has implemented new policies to limit police access to parts of the hospital.

    Public pressure and response is important to holding police officers accountable. They are public servants, and Hartney's responses, like we've seen from other police union leaders, misuse the concept of due process to try to conceal information from the people to whom the police are supposed to answer.

    Yesterday we saw that a North Carolina law exempting body camera footage from public records requests was very clearly being used to try to shield police from exposure of conduct that might expose them to public criticism.

    Gray, the car crash victim unable to consent to Payne's demand for a blood draw, died Monday while still in the hospital.

  21. #48
    Quote Originally Posted by Anti Federalist View Post
    Police Union Complains That Public Got to See Them Roughing Up Utah Nurse

    http://reason.com/blog/2017/09/27/po...t-public-got-t

    Transparency about behavior of government employees is not a violation of due process.

    Scott Shackford|Sep. 27, 2017 1:25 pm

    Alex WubbelsSalt Lake City PoliceThe head of the Salt Lake Police Association has watched the country's outrage over the videos showing a nurse getting arrested for refusing to draw a man's blood without a warrant and has decided the correct response is to complain that the public got to see what its officers did.

    Union head Stephen Hartney sent a letter to the city's mayor and police chief to complain video of the brief arrest of nurse Alex Wubbels has made "pariahs" of Det. Jeff Payne and his watch commander at the time of the incident, Lt. James Tracy.

    Wubbels became an insta-celebrity on Labor Day weekend after she released police body camera footage showing Payne very forcefully arresting her at University of Utah Hospital because she refused his demand that she draw blood from an unconscious victim of a nasty high-speed car crash. The patient, William Gray, was not a suspect, nor involved in the chase, and Payne didn't have a warrant. Wubbels, surrounded by staff at the hospital, explained that she was not permitted to draw the man's blood. Payne arrested her, in what appeared on video to be sheer frustration at having been defied.

    Payne and Tracy have been placed on leave while the case was investigated. A couple of weeks ago the city revealed an internal investigation and a civilian review board determined the two officers violated department policies.

    Hartney this week complained the police body camera footage should not have been publicly released until the investigation was completed. From the Salt Lake Tribune:

    The letter said the union was, at this point, not arguing or even discussing the merits of the allegations raised against the officers. "Rather we are solely concerned... with the 'investigatory process' which we believe has been corrupted."

    The letter claims the city has not followed an "agreed upon and carefully scripted process" for investigating the conduct of police officers. At the news conference, Hartney focused on if the city should have released the footage so soon under the state's Government Records Access and Management Act (GRAMA), considering the release could have interfered with the internal affairs investigation.

    The release of the body cam footage and information from the disciplinary investigation "has created a public furor which makes reasoned determinations difficult, if not impossible," the letter states.

    The city, however, didn't release the videos. It agreed to a request by Wubbels to release the footage to her, following the law Hartney referenced. The city said it had no good reason to deny the video footage to Wubbels.

    The two officers weren't even put on administrative leave until after Wubbels went public with the video footage.

    What might have been forgotten in all of this is Wubbels released the video because she believed she was exposing a widespread problem of police bullying nurses into drawing blood without consent or a warrant.

    And while Wubbels was pleased the Salt Lake City Police had been responsive to her claims of abuse, she and other hospital staff were concerned about other law enforcement agencies, including university police. Campus police did absolutely nothing during the arrest, and since then the hospital has implemented new policies to limit police access to parts of the hospital.

    Public pressure and response is important to holding police officers accountable. They are public servants, and Hartney's responses, like we've seen from other police union leaders, misuse the concept of due process to try to conceal information from the people to whom the police are supposed to answer.

    Yesterday we saw that a North Carolina law exempting body camera footage from public records requests was very clearly being used to try to shield police from exposure of conduct that might expose them to public criticism.

    Gray, the car crash victim unable to consent to Payne's demand for a blood draw, died Monday while still in the hospital.
    1st Amendment. Police are public servants, and as such their actions can be publicly exposed, legally.

    In addition, as soon as there is a complaint filed or lawsuit filed, all that information is protected under the 1st Amendment and can be legally shared with the public.

    So nurse Wubbels is standing on firm legal ground.
    There is no fear in love, but perfect love casts out fear. For fear has to do with punishment, and whoever fears has not been perfected in love.
    (1 John 4:18)



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  23. #49
    Utah police officer who handcuffed, dragged nurse in video fired
    http://abc7ny.com/utah-police-office...fired/2517528/
    Salt Lake City Police Chief Mike Brown made the decision after an internal investigation found evidence Detective Jeff Payne violated department policies when he arrested nurse Alex Wubbels and dragged her out of the hospital as she screamed on July 26, said Sgt. Brandon Shearer, a spokesman for the department.

    Payne's supervisor, Lt. James Tracy, was also demoted to officer.
    ....

    Payne was also fired from a part-time job as a paramedic after he was caught on camera saying he'd take transient patients to the University of Utah hospital where Wubbels worked and take the "good patients" elsewhere as retribution.

  24. #50
    Rank has its privileges. Payne's boss, who authorized the arrest, was merely demoted.

    It should be easy for the Fraternal Order to bring these guys back up to speed.

    With backpay.

  25. #51
    http://www.tucsonnewsnow.com/story/3...ampaign=buffer

    Cop fired. $20 says he doesn't stay that way.

    A Utah police officer was fired Tuesday after being seen on video roughly handcuffing a nurse because she refused to allow a blood draw in an incident that became a flashpoint in the national conversation about use of force.

    Salt Lake City Police Chief Mike Brown made the decision to fire Detective Jeff Payne after an internal investigation found he violated department policies when he arrested nurse Alex Wubbels and dragged her screaming from the hospital, department spokesman Sgt. Brandon Shearer said.

    Brown said in a disciplinary letter that he was "deeply troubled" by Payne's conduct, which he described as "inappropriate, unreasonable, unwarranted, discourteous, disrespectful" and said brought "significant disrepute" on the department.

    "You demonstrated extremely poor professional judgment (especially for an officer with 27 years of experience), which calls into question your ability to effectively serve the public and the department," Brown wrote.

    Attorney Greg Skordas, who represents Payne, said his client plans to appeal a firing he considers unfair and over the top. Skordas said Payne would still be employed if the body camera footage hadn't generated so much attention and blown the events out of proportion. (Probably true, but that only means there should be more firings.)

    Payne's supervisor, Lt. James Tracy, was demoted to officer. His lawyer, Ed Brass, couldn't immediately be reached.

    Tracy made an impulsive decision in ordering Payne to arrest Wubbels without first taking time to understand the facts of the situation and the law, Brown wrote in his disciplinary letter.

    He said the order created chaos and unnecessarily escalated the situation.

    "Your lack of judgment and leadership in this matter is unacceptable, and as a result, I no longer believe that you can retain a leadership position in the department," Brown said.

    The letter said Wubbels told investigators that Tracy minimized her concerns, intimidated and lectured her, and made her feel like she was to blame for the events.

    The Associated Press obtained the disciplinary letters for Payne and Tracy through a public records request.

    Wubbels' attorney, Karra Porter, said they are pleased that Brown took action and recognized that the officers made crucial mistakes that have eroded public trust. Porter said she hopes the events are a catalyst to more public conversations about appropriate police behavior.

    The case shows the vital importance of officers wearing body cameras and making those videos available to the public, Porter said.

    "Without the body camera footage, it would have been a she-said, they-said," Porter said. "Alex feels very strongly that her story would have never been told if it weren't for the body camera footage."

    Asked about a potential lawsuit, Porter said she expects to meet soon with city officials to discuss next steps that could include settlement talks.

    The officers have five business days to appeal the decisions by the chief.

    The case received widespread attention after police body-camera video was released by Wubbels and her lawyer in late August.

    The video showed her explaining that hospital policy required a warrant or formal consent to draw blood from the patient who had been injured in a car crash.

    The patient wasn't suspected of wrongdoing. He was an off-duty reserve Idaho police officer driving a semitrailer when he was hit by a man fleeing police in a pickup truck.

    Payne nevertheless insisted on the blood draw, saying the evidence would protect the man.

    Payne told Wubbels his supervisor said he should arrest her if she didn't allow the draw. Wubbels was later freed from the handcuffs and has not been charged.

    Both officers were investigated and placed on paid administrative leave after the video became public. Salt Lake City police apologized and changed their policies.

    Prosecutors, meanwhile, opened a criminal investigation into the arrest and asked the FBI to determine if there were any civil rights violations.

    Payne was also fired from a part-time job as a paramedic after he was caught on camera saying he'd take transient patients to the University of Utah hospital where Wubbels worked and transport "good patients" elsewhere.

    Payne had previously been disciplined in 2013 after internal-affairs investigators confirmed that he sexually harassed a female co-worker in a "persistent and severe" way.

    His tenure also brought commendations for solving burglary cases and being shot in the shoulder during a traffic stop in 1998.

    Tracy, meanwhile, earned commendations for drug and burglary investigations.

  26. #52
    The patient whose rights she was trying to protect died. I'd be curious to know what he would think of his 'brother' in blue, Mr. Payne, if he had been aware of what was going on. The Rigby Police Dept. came out in support of the nurse's actions. Based on their department's facebook page, with the posts about lost dogs being found, it looks more like Mayberry. Not trying to be insulting, we could use more Mayberrys.
    Quote Originally Posted by timosman View Post
    This is getting silly.
    Quote Originally Posted by Swordsmyth View Post
    It started silly.
    T.S. Eliot's The Hollow Men

    "One of the penalties for refusing to participate in politics is that you end up being governed by your inferiors." - Plato

    We Are Running Out of Time - Mini Me

    Quote Originally Posted by Philhelm
    I part ways with "libertarianism" when it transitions from ideology grounded in logic into self-defeating autism for the sake of ideological purity.

  27. #53
    Quote Originally Posted by nobody's_hero View Post
    The patient whose rights she was trying to protect died. I'd be curious to know what he would think of his 'brother' in blue, Mr. Payne, if he had been aware of what was going on. The Rigby Police Dept. came out in support of the nurse's actions. Based on their department's facebook page, with the posts about lost dogs being found, it looks more like Mayberry. Not trying to be insulting, we could use more Mayberrys.
    Do I get a flying car there? Can I make $500 an hour for playing video games? Do I get a blowjob every time I forget to switch the laundry?

    You know, as long as we're dreaming about fictional places that never existed, might as well go for broke.
    There are no crimes against people.
    There are only crimes against the state.
    And the state will never, ever choose to hold accountable its agents, because a thing can not commit a crime against itself.

  28. #54
    Could you imagine any of us assaulting a woman for doing her job, and then, not just avoiding arrest and procecution but having a union fighting for us?
    ...

  29. #55
    The few stories I have heard about this are presented as the nurse was withholding evidence. No, she was not withholding evidence. She refused to gather evidence illegally. Big difference.
    #NashvilleStrong

    “I’m a doctor. That’s a baby.”~~~Dr. Manny Sethi

  30. #56
    Quote Originally Posted by fisharmor View Post
    Do I get a flying car there? Can I make $500 an hour for playing video games? Do I get a blowjob every time I forget to switch the laundry?

    You know, as long as we're dreaming about fictional places that never existed, might as well go for broke.
    The little NH town I live in is pretty damn close to Mayberry.

    Oh sure, our "Otis the Drunk" more likely will be some poor bastard strung out on government heroin, but honestly, it's pretty bucolic and tranquil and serene.

    You should come visit sometime, door's open brother.
    Another mark of a tyrant is that he likes foreigners better than citizens, and lives with them and invites them to his table; for the one are enemies, but the Others enter into no rivalry with him. - Aristotle's Politics Book 5 Part 11



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  32. #57
    Quote Originally Posted by euphemia View Post
    The few stories I have heard about this are presented as the nurse was withholding evidence. No, she was not withholding evidence. She refused to gather evidence illegally. Big difference.
    I'll note again. She was not citing law or the constitution but rather her workplace policy on the subject. Maybe a nitpick, but still a difference.

  33. #58
    Quote Originally Posted by fisharmor View Post
    Do I get a flying car there? Can I make $500 an hour for playing video games? Do I get a blowjob every time I forget to switch the laundry?.
    I can't recall that episode of the Andy Griffith Show.
    Quote Originally Posted by timosman View Post
    This is getting silly.
    Quote Originally Posted by Swordsmyth View Post
    It started silly.
    T.S. Eliot's The Hollow Men

    "One of the penalties for refusing to participate in politics is that you end up being governed by your inferiors." - Plato

    We Are Running Out of Time - Mini Me

    Quote Originally Posted by Philhelm
    I part ways with "libertarianism" when it transitions from ideology grounded in logic into self-defeating autism for the sake of ideological purity.

  34. #59
    University Hospital nurse Alex Wubbels has agreed to a $500,000 payment to settle a dispute over her arrest by a Salt Lake City police officer after she barred him from drawing blood from an unconscious patient, her attorney said Tuesday.

    Attorney Karra Porter said at a news conference that the agreement with Salt Lake City and the University of Utah covers all parties and takes the possibility of legal action off the table. “There will be no lawsuit,” she said.
    http://www.sltrib.com/news/2017/10/3...00-settlement/

  35. #60
    Quote Originally Posted by specsaregood View Post
    I'll note again. She was not citing law or the constitution but rather her workplace policy on the subject. Maybe a nitpick, but still a difference.
    Still based on ethics. Good call on her part.
    #NashvilleStrong

    “I’m a doctor. That’s a baby.”~~~Dr. Manny Sethi

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