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Title: Mayor: Investigation found arrest of nurse broke policies
Source: Yahoo/AP
URL Source: https://www.yahoo.com/news/mayor-in ... -broke-policies-233317640.html
Published: Sep 14, 2017
Author: LINDSAY WHITEHURST
Post Date: 2017-09-15 11:13:01 by Deckard
Keywords: None
Views: 1273
Comments: 36

SALT LAKE CITY (AP) — An investigation into the rough arrest of a Utah nurse who refused to allow a blood draw on an unconscious patient found evidence that police officers violated department policies, the mayor of Salt Lake City said Wednesday.

Mayor Jackie Biskupski discussed the findings in an unusual step aimed at repairing public trust after a video surfaced of the nurse being dragged from the hospital in handcuffs on July 26.

"The rift this has caused in our city must be healed," the mayor said, citing threats made to 911 dispatchers and to her staff following the arrest.

The internal affairs investigation found evidence that Detective Jeff Payne and Lt. James Tracy broke guidelines on arrests, ethics and officer conduct, among others.

Greg Skordas, a lawyer for Payne, said he disputes some of the conclusions in the report and plans to prepare a response for the police chief. Attorney Ed Brass, who represents Tracy, didn't return messages seeking comment.

Salt Lake City police chief Mike Brown will use the results of the investigation, as well as a civilian review board conclusion that policies were broken, when he decides what consequences the officers will face, the mayor said. There is no deadline for the decision.

Prosecutors have also opened a criminal investigation into the conduct.

An attorney for nurse Alex Wubbels said she was relieved about the findings involving the officers.

"These were two seasoned officers who apparently believed they had carte blanche to do exactly what they were doing," lawyer Karra Porter said.

The detective who cuffed Wubbels has come under the most scrutiny. However, Porter said she's also concerned about the behavior of Tracy, the supervisor who recommended the arrest and did not release Wubbels after he arrived at the scene to find her in handcuffs.

Brass has said his client has been the target of threats since the video was released. Brass has called for people to withhold judgment until the investigations are complete.

Skordas has said his client would walk away rather than put Wubbels in handcuffs, if he had it to do over again.

Both officers were put on paid administrative leave after Porter and Wubbels released the video on Aug. 31.

The mayor and police chief have apologized, and the department has updated its policy to match the hospital guidance that Wubbels followed when she refused to allow Payne to draw blood without formal consent or a warrant.

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Begin Trace Mode for Comment # 24.

#3. To: Deckard (#0)

The mayor and police chief have apologized, and the department has updated its policy to match the hospital guidance

Wait. What?

The investigation found evidence that police officers violated department policies. OK. Meaning the policies were good and the officers failed to follow them. Got it.

So why change them? Why change good policies?

Now if the policies were bad, and the police officers followed bad policies, then by all means change them. But don't blame the officers. And don't say they violated department policies when they were actually following them to the letter.

misterwhite  posted on  2017-09-15   12:58:59 ET  Reply   Untrace   Trace   Private Reply  


#6. To: misterwhite (#3)

But don't blame the officers.

Still defending the badged thugs? What a shock!

Deckard  posted on  2017-09-15   13:04:45 ET  Reply   Untrace   Trace   Private Reply  


#7. To: Deckard (#6)

Still defending the badged thugs? What a shock!

You tell me. Were they following police department policy or weren't they?

misterwhite  posted on  2017-09-15   13:13:06 ET  Reply   Untrace   Trace   Private Reply  


#8. To: misterwhite (#7)

You tell me. Were they following police department policy or weren't they?

Who knows? And who cares.

Before you were arguing that the law trumps policy. And now you say policy trumps law.

But you simply don't care about either. What you care about is defending cops, good or bad, right or wrong, justly or unjustly. Nothing else matters. Screw principles and screw morals. Any employee of a police department wearing a uniform is automatically entitled to royal pardon.

Please just admit that's your position and be done with it.

Pinguinite  posted on  2017-09-15   13:51:58 ET  Reply   Untrace   Trace   Private Reply  


#9. To: Pinguinite (#8)

Before you were arguing that the law trumps policy.

No, I wasn't. I said the officer was following Utah state law and police department policy. But, as you said, "Who cares?"

misterwhite  posted on  2017-09-15   15:49:40 ET  Reply   Untrace   Trace   Private Reply  


#10. To: misterwhite (#9)

But the nurse was following hospital policy, which, according to you, was no excuse for obstuction.

But, yes, who cares? You are hardly deserving of the time to discuss further.

Pinguinite  posted on  2017-09-15   16:43:28 ET  Reply   Untrace   Trace   Private Reply  


#12. To: Pinguinite (#10)

But the nurse was following hospital policy, which, according to you, was no excuse for obstuction.

My understanding is that the hospital would not do a blood draw without a warrant. But the officer was not asking the hospital to do the blood draw. He was a trained and licensed phlebologist and would do the blood draw himself.

Meaning, the nurse was obstructing an officer conducting an investigation, which is against the law. Based on that, he had the power to arrest her.

misterwhite  posted on  2017-09-15   17:19:23 ET  Reply   Untrace   Trace   Private Reply  


#16. To: misterwhite, Pinguinite (#12)

Meaning, the nurse was obstructing an officer conducting an investigation, which is against the law. Based on that, he had the power to arrest her.

Any such invasion would have been unconstitutional without a search warrant. He had no authority to do a blood draw. The nurse was correct and somebody will pay big bucks. The detective had no authority to arrest anyone based on his unconstitutional demand. He demanded that she let him commit a crime on her patient.

nolu chan  posted on  2017-09-16   4:26:36 ET  Reply   Untrace   Trace   Private Reply  


#17. To: nolu chan (#16)

The nurse was correct and somebody will pay big bucks.

She was citng hospital policy, not police department policy or Utah state law. She was not the judge and jury on this decision. She was a nurse.

But let's say she was right. What does that mean to her patient --constitutionally? It means the blood draw could not be used as evidence in a trial. Was there a trial? Was the blood used as evidence?

misterwhite  posted on  2017-09-16   9:21:47 ET  Reply   Untrace   Trace   Private Reply  


#24. To: misterwhite (#17)

She was citng hospital policy, not police department policy or Utah state law.

She was citing an agreement between the police and the hospital to conform to McNeely and the U.S. Constitution. The Detective was citing unconstitutional bullshit which did not then, and does not now, exist in the eyes of the law.

The Detective checked with the Lieutenant. Their collective ignorance of the law does not grant them special permission to violate the Constitution, either in this case or however many previous cases they may have gotten away with.

The Lieutenant's advisory participation tends to show that this was more than two miscreants on an individual case. Indeed, the hospital agreement also tends to indicate that this had happened before and action had been taken to prevent recurrence.

An unconstitutional so-called policy or state law is uncitable in court as an actual law.

But let's say she was right. What does that mean to her patient --constitutionally? It means the blood draw could not be used as evidence in a trial. Was there a trial? Was the blood used as evidence?

It means that any hospital that allowed this crap could be sued by the patiient for a HIPAA violation. If the police did it in dozens of previous cases, and got away with it, the FBI investigation may reveal that. The knowledge may be used to invalidate prior convictions.

nolu chan  posted on  2017-09-18   17:24:32 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 24.

#25. To: nolu chan (#24)

She was citing an agreement between the police and the hospital to conform to McNeely and the U.S. Constitution.

She was citing an old agreement between the police and the hospital. Period. According to news sources, that agreement has now been amended because of this incident.

I have no idea what the original agreement contained, nor the new agreement -- and neither do you.

misterwhite  posted on  2017-09-18 18:05:09 ET  Reply   Untrace   Trace   Private Reply  


#26. To: nolu chan (#24)

The Detective checked with the Lieutenant. Their collective ignorance of the law does not grant them special permission to violate the Constitution, either in this case or however many previous cases they may have gotten away with.

You assume they were acting contrary to Utah state law and police department policy and procedures. You have yet to convince anyone of that.

"An unconstitutional so-called policy or state law is uncitable in court as an actual law."

Had this case made it's way into court, THAT would be the time to challenge it.

"It means that any hospital that allowed this crap could be sued by the patiient for a HIPAA violation."

a) The hospital was not doing the blood draw. b) If the police department made public the results of the blood test outside of the courtroom, then HIPAA would apply.

misterwhite  posted on  2017-09-18 18:13:33 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 24.

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