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Watching The Cops
See other Watching The Cops Articles

Title: Utah police officer who handcuffed nurse is fired, supervising officer is demoted
Source: HotAir
URL Source: https://hotair.com/archives/2017/10 ... fired-another-officer-demoted/
Published: Oct 10, 2017
Author: John Sexton
Post Date: 2017-10-10 21:33:17 by Tooconservative
Keywords: None
Views: 4684
Comments: 43

Detective Jeff Payne, the man who arrested nurse Alex Wubbels at a Salt Lake City hospital after she refused to perform a drug test on an unconscious patient, has been fired. From the Associated Press:
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.

Attorney Greg Skordas has said Payne served the department well for nearly three decades and questioned whether his behavior warranted termination. He couldn’t immediately be reached for comment Tuesday.

Payne’s supervisor, Lt. James Tracy, was also demoted to officer. His lawyer, Ed Brass, couldn’t immediately be reached for comment…

“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.

wrote about this story at the beginning of September and called it a “pretty clear abuse of authority.” It was immediately clear that Det. Payne had no legal justification for dragging Wubbels out of the hospital and handcuffing her. She had clearly explained the hospital policy after talking to a hospital attorney by phone and the person whose blood police wanted to test was unconscious and unable to consent.

When supervisor Lt. Tracy showed up moments later, he defended Det. Payne and condescendingly claimed the problem was that Wubbels didn’t know the law. “If we’re doing wrong, there are civil remedies,” Tracy said. But the findings of two separate investigations concluded that Payne and Tracy were in the wrong, each of them violating department policy in five separate ways.

As Ed noted, the Mayor of Salt Lake City claimed this would have been the result whether or not Wubbels’ attorney had released the body cam video of her arrest. I don’t buy that at all. Frankly, without the video I believe Payne and Tracy would have escaped any serious consequences and maybe even have lied about what happened. This incident is a good example of why all police officers should have body cameras. It protects them and it protects people from them when they abuse their authority.

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Begin Trace Mode for Comment # 10.

#1. To: Tooconservative (#0)

Excellent. So, Payne lost his job AND his ambulance job, and the arrogant police lieutenant is a lieutenant no more. Now comes the lawsuit, against both of them, it is to be hoped.

Vicomte13  posted on  2017-10-10   21:48:59 ET  Reply   Untrace   Trace   Private Reply  


#2. To: Vicomte13 (#1) (Edited)

and the arrogant police lieutenant is a lieutenant no more

Not a supervisor. Just an officer. You have to wonder if he's back in a squad car on patrol.

I'd think they would both just retire because it doesn't seem they have much to gain hanging around.

The bigger issue will be a civil lawsuit but I do expect that the nurse will get a large payout to shut up and go away. She has a young child at home and she could take it and retire to raise the toddler. It would have to be tempting. And she could still sue the two cops even after she dropped the SLCPD as a defendant.

Tooconservative  posted on  2017-10-10   22:05:21 ET  Reply   Untrace   Trace   Private Reply  


#6. To: Tooconservative (#2)

I like even better the option where she does not accept a settlement that silences her, but decides to get MORE money and keep her full rights to speak about it for the rest of life, by suing, and pressing charges (she was falsely arrested). The police department already has fired and demoted these guys. She wins the lawsuit easily. It isn't as though the defense has a pot to piss in, and the jury pool in Salt Lake will not be sympathetic to the police at all. She should not sell herself short and settle. She should conquer. Prosecutors show no mercy when they have the power. Here, she has the power, and she should use it to its fullest extent, use it to extract millions MORE dollars, and be able to publicly deride the criminal cops eavefor the rest of her life. She should not sheathe her sword. Her adversaries are on their knees. She should run them through and leave their broken lives, and the massive economic hit to the police budget, as bloody vengeance. A settlement is not a victory. You settle when the outcome is uncertain. Here, she cannot lose. She should not settle. She should prosecute, sue, and destroy, inflict the maximum damage. The cops showed her no mercy. They lost. She should show them none in reply.

Vicomte13  posted on  2017-10-11   7:44:37 ET  Reply   Untrace   Trace   Private Reply  


#7. To: Vicomte13 (#6)

She should run them through and leave their broken lives, and the massive economic hit to the police budget, as bloody vengeance.

Cities have liability insurance for police abuse cases, I think. I think they have to pay part of it but above a certain amount is paid by the insurance.

This is why cities never seem to get too worried over these lawsuits. Part of the cost of doing business and they have insurance.

WaPo, 2016:

In a fascinating paper made public earlier this month, University of Chicago law professor John Rappaport points to a powerful but unlikely resource that is quietly reforming police departments across the country: the insurance industry. Many cities take out policies, either off the private market or by pooling with other cities, to cover any damages that may result from lawsuits accusing police officers of excessive force or other misconduct. Rappaport explains how to guard against such awards, the insurers are in turn demanding, among other things, better training, better use of force policies, better screening in the hiring process, and even the firing of bad cops. Cities that comply get lower premiums, lower deductibles, and other incentives. Cities that don’t may lose coverage altogether.

. . .

Maybe SLC is fully exposed financially to a lawsuit but chances are it isn't.

I generally agree with your other remarks. And she could just settle with the city for a 4-5 million and drop them from the lawsuit without signing an NDA and then continue to sue the officers personally, go after their houses and pensions.

Tooconservative  posted on  2017-10-11   8:14:32 ET  Reply   Untrace   Trace   Private Reply  


#8. To: Tooconservative (#7)

I think they have to pay part of it but above a certain amount is paid by the insurance.

There is usually a cap on insurance.

What is more, if insurance companies have to start actually paying out massive sums, there will be a cap soon enough, and insurance will get more expensive.

She should give the city nothing that limits her. The city should be signing her NDA. She was the wronged party here, not the city. The city's agents abused her. The city is liable and should be held fully accountable.

And everybody else harmed by these two officers' abuse of law should be forming a class action lawsuit against the city.

Vicomte13  posted on  2017-10-11   8:25:58 ET  Reply   Untrace   Trace   Private Reply  


#9. To: Vicomte13 (#8)

She should give the city nothing that limits her. The city should be signing her NDA. She was the wronged party here, not the city. The city's agents abused her. The city is liable and should be held fully accountable.

The city is saying that the two detectives violated their policy. It will remain to be seen how much liability is incurred, how strongly the policy was written, whether the officers had been trained in acceptable blood draw policy, etc. The phlebotomist almost certainly had to have had training since in Utah they have to renew their license every two years and he had been doing it a long time.

This is why Payne is fired and his supervisor was only demoted to the ranks.

Anyway, I hope we'll hear more as the case goes to the civil lawsuit phase. I hate it when cases disappear down a rabbit hole and you never hear how they turned out.

Tooconservative  posted on  2017-10-11   8:30:07 ET  Reply   Untrace   Trace   Private Reply  


#10. To: Tooconservative (#9)

Anyway, I hope we'll hear more as the case goes to the civil lawsuit phase. I hate it when cases disappear down a rabbit hole and you never hear how they turned out.

Me too. Life is grey and dull, generally. Someone else's blood in the water spices things up.

Vicomte13  posted on  2017-10-11   8:33:41 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 10.

#11. To: Vicomte13 (#10)

Someone else's blood in the water spices things up.

There's a cheerful thought.     : )

Tooconservative  posted on  2017-10-11 08:56:26 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 10.

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