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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: 5588
Comments: 43
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. I 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. 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.
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#3. To: Misterwhite (#0)
All of your cheering for corruption is a black mark on your soul.
I agree completely.
Me too. They would have lied and gotten away with it.
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.
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: . . . 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.
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.
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.
Me too. Life is grey and dull, generally. Someone else's blood in the water spices things up.
There's a cheerful thought. : )
Five? Must be bad. Let me guess. He wasn't authorized to draw blood? He broke the law? He was out of his jurisdiction? He had no legal grounds to be in the hospital? He refused to honor hospital policy? He violated the agreement between the department and the hospital? Naaah. "The Salt Lake Tribune through a public records request, found both officers violated five policies: conduct unbecoming of an officer; courtesy in public contacts; a policy that states misdemeanor citations should be used instead of arrest ”whenever possible”; violation of the department’s law enforcement code of ethics; and a city-mandated standards of conduct policy." Bottom line? Under public pressure, he was thrown under the bus and fired for being rude -- after 30 years of service. That's it boys and girls. Nothing beyond that. They're doing him a favor. Who would want to work for a department like that?
I doubt that he thinks they were "doing him a favor". LOL
Never been fired from a job where you look back years later and conclude it was actually a good thing? He will. Dumb-ass, chickenshit department which has to invent a bunch of Mickey-Mouse "charges" against a 30-year veteran police officer with a clean record just to satisfy a group of whiny, territorial pussies who make up their own rules. He was fired for NONE of your speculative reasons. No laws were violated. Oh, had it been that easy and clear cut. But it wasn't. They really had to dig deep to find something.
They are considering whether he might try to sue them. By firing him on these grounds, he has little chance to sue. Packs of lawyers are involved. They're unlikely to miss a liability trick.
I'm guessing he was close to retirement anyways. So the city could have put together a generous severance package in exchange for no further legal action. These "charges" are pretty lame when it comes to using them to actually fire a 30-year veteran and taking away his pension -- "courtesy in public contacts"? Puh-leeze.
I don't think she's going to sue. She's too good natured for that, being a nurse who takes care of people, and probably understands that the people who would pay her would be the taxpayers, not the people who harmed her. She wanted a correction to be made, and it's been made. She's been fully vindicated in the public eye. Police will no longer have access to hospital staff as they did before, so she's a local hero among medical staff throughout here city & state. The cop that arrested her lost not one job but 2 jobs, and he's probably toxic at this point and would not be hired again anywhere else in the country. If she were to sue, she'd likely lose some of the adoration she has pocketed for life. I may be wrong, but I would bet she will not sue.
These grounds? There are other grounds? Two investigative agencies had to work day and night for weeks to come up with these five pissant charges. Are you saying they're intentionally sitting on some huge legal charges just to stay out of court? With no proof, of course. But I guess you have to say that. Otherwise, you'd have to admit that all your speculation was in vain. You were wrong. Worse, you were "NBC wrong".* *My new phrase for really, really wrong based on nothing.
The recently acquired adoration from strangers she can live without. As for the adoration of friends, co-workers and family? They'll understand her suing. Hell, they're probably encouraging her to sue. So, I say the whiny bitch will sue for an "undisclosed amount" and f**k the adoration. Can't spend adoration. She'll sue and you'll justify it.
I don't think either detective lost any of their pension. But they could in a civil lawsuit if a big judgment was rendered against them.
For one thing, they didn't prosecute Detective Phleborapist for false arrest and similar charges. And they clearly could have. This new Whiny Bitch persona really isn't working for you. You lost. Get over it.
She's already justified in suing. All I said is she probably wouldn't do what she is entitled to do. If she does, I wouldn't fault her for it, especially if she used the money to throw a party for her hospital friends. You're just pissed because a cop got what he deserved.
Maybe they will, maybe not. They still could. Who knows?
*chuckle* " they didn't prosecute ... for false arrest and similar charges" Never occurred to you they couldn't because there wasn't? She was interfering. She needed to be removed from the area. Can't do that with a mere citation. She needed to be "arrested" to be removed. Later, she was freed and not even charged for obstruction. If he was wrong to arrest her, that's a no-brainer to charge him with that. Plus, there's video! Look! Screams and everything! But he wasn't wrong and they couldn't charge him.
And if she didn't you'd justify that! "She's already justified in suing." Because he was rude??? If that was allowed, people would be suing the Chicago Police Department left and right.
Well, golly gee. Let me spell this out for you so it's very easy to understand. Do you get it yet? If the Chicago police are as "rude" as this Utah cop was then they certainly should sue.
I never said otherwise. YOU'RE the one telling us she won't. But if she did, she'd use the money for a party. But if she didn't ... blah, blah, blah. You're a funny person.
hehehe..... yes, and you are the one taking issue with me about what I said as though I'm committing a crime. Well, I try to be entertaining, so thanks.
If she were to sue, she'd likely lose some of the adoration she has pocketed for life. I may be wrong, but I would bet she will not sue. You're probably right. Sigh. I was hoping for a good old fashioned LYNCHING!
You're probably right. Sigh. I was hoping for a good old fashioned LYNCHING! Well, maybe they'll make a movie about it. That would be better than suing, and maybe she could make money off of the movie rights.
It's coming. Now that he was fired, she has more ammunition.
Quit whining pussy Boy. If you don't like what the department did. Change it. You make so many excuses for corruption.
After 30 years of dedicated service, he was fired for being rude. And you think that's fair. That's speaks more to your sense of convoluted justice than his. You should be ashamed.
Yeah, that's why he was fired .*SMH* I wonder how many times he pulled this shit in those 30 years of "dedicated" service and no one stood up to him. Do you realize you're the only one on the interwebs defending this prick and it has been pointed out numerous times just how wrong you are but you just can't let go of that fetish you have for anyone in authority. Cops are gods to paulsen. Even the crimanal and corrupt. Nope. I was 100% right on everything. Was he charged with violating any local, state or federal laws, as some said? Was he charged with violating the patient's constitutional rights, as many said? Was he charged with operating outside of his jurisdiction, as at least one poster speculated? Was he charged with false arrest? Was he charged with assault and battery? Was he charged with violating departmental policy as it relates to blood draws? No. No. No. No. No. And no. All these were claimed by you and others. On and on you spewed your venom and outrage at what you claimed he did. But YOU were wrong. Two investigative agencies looked into this and concluded that his only "crime" was being rude. "Courtesy in public contacts"? Give me a break.
You're 100% delusional is what you are. Fuck you, you condescending prick. You tell me one thing, just one, that you claimed about his behavior that was true. You can't. You lied, you speculated, you made things up -- all to fit your never-ending narrative that all cops are bad. And you continue your slander by asking, "how many times he pulled this shit in those 30 years of "dedicated" service". With ZERO evidence. You are a piece of shit.
I'd estimate at least a few times. Based on what evidence? Just pure speculation? Gossip? Rumor? Innuendo? You're smearing a man's reputation based on that shit? You're a disgusting human being. I'll ask again, tell me what scurrilous claim you made about this cop that was true. Just one.
What reputation? The guy is an arrogant, sadistic POS who thinks he can get away with anything. I'd be surprised if this was the only time he was involved in something like this. Well, what do you know: About four years ago, Payne received a written reprimand for allegedly sexually harassing another department employee “over an extended period of time,” internal police records state. And in 1995, Payne was found to have violated multiple department policies related to a vehicle pursuit that involved the Utah Highway Patrol. He was suspended 80 hours without pay. I'd guess he probably has some domestic violence tendencies as well. Oh. You meant ANY violation of departmental policy over his 30-year career? And you found it wasn't squeaky clean -- one was a vehicle pursuit 22 years ago and one was a 4-year-old, he-said/she-said complaint? WTF is the relevance to this case? None, asshole. You just like digging up dirt and spreading rumors. Third request. Give me ONE negative claim you made about this cop that was true. One.
He assaulted a nurse who was doing her job. He had no warrant or CAUSE to force anyone take a blood draw or do it himself. Oh - and he falsely arrested her. That's three. If it was assault (rather than a legal arrest), why wasn't he charged with assault? "He had no warrant or CAUSE to force anyone take a blood draw or do it himself." First, he never forced her, or attempted to force her, to draw the blood. Second, he never drew the blood. Where's the crime? Where's the violation? Where are the charges? "Oh - and he falsely arrested her." If he falsely arrested her, why wasn't he charged with false arrest? Just because she was released after 20 minutes and not charged with obstruction and resisting arrest does not mean it was a false arrest. The Unified Police Department, the FBI and the Salt Lake County District Attorney’s Office conducted a criminal investigation. They found nothing. An Internal Affairs investigation and an independent Police Civilian Review Board found five violations of policy amounting to "being rude". IF HE DID AS YOU SAID, WHY WASN'T HE CHARGED?
#4. To: Tooconservative (#0)
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.
#5. To: Pinguinite (#4)
#6. To: Tooconservative (#2)
#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.
Maybe SLC is fully exposed financially to a lawsuit but chances are it isn't. 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.
#8. To: Tooconservative (#7)
I think they have to pay part of it but above a certain amount is paid by the insurance.
#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.
#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.
#11. To: Vicomte13 (#10)
Someone else's blood in the water spices things up.
#12. To: Tooconservative (#0)
(Edited)
"... each of them violating department policy in five separate ways."
#13. To: misterwhite (#12)
They're doing him a favor. Who would want to work for a department like that?
#14. To: Tooconservative (#13)
I doubt that he thinks they were "doing him a favor". LOL
#15. To: misterwhite (#14)
He was fired for NONE of your speculative reasons. No laws were violated. Oh, had it been that easy and clear cut. But it wasn't. They really had to dig deep to find something.
#16. To: Tooconservative (#15)
They are considering whether he might try to sue them. By firing him on these grounds, he has little chance to sue.
#17. To: Vicomte13 (#6)
#18. To: Tooconservative (#15)
"By firing him on these grounds, he has little chance to sue."
#19. To: Pinguinite (#17)
If she were to sue, she'd likely lose some of the adoration she has pocketed for life.
#20. To: misterwhite (#16)
These "charges" are pretty lame when it comes to using them to actually fire a 30-year veteran and taking away his pension -- "courtesy in public contacts"? Puh-leeze.
#21. To: misterwhite (#18)
(Edited)
These grounds? There are other grounds?
But I guess you have to say that. Otherwise, you'd have to admit that all your speculation was in vain.
#22. To: misterwhite (#19)
She'll sue and you'll justify it.
#23. To: Tooconservative (#21)
And they clearly could have.
#24. To: Tooconservative (#21)
(Edited)
Detective Phleborapist
#25. To: Pinguinite (#22)
especially if she used the money to throw a party for her hospital friends.
#26. To: misterwhite (#25)
And if she didn't you'd justify that!
She can do whatever the hell she wants to do, whether suing or not suing. BOTH are justified.
Because he was rude??? If that was allowed, people would be suing the Chicago Police Department left and right.
#27. To: Pinguinite (#26)
She can do whatever the hell she wants to do, whether suing or not suing. BOTH are justified.
#28. To: misterwhite (#27)
I never said otherwise. YOU'RE the one telling us she won't. But if she did, she'd use the money for a party. But if she didn't ... blah, blah, blah.
You're a funny person.
#29. To: Pinguinite (#17)
I don't think she's going to sue. She's too good natured for that, being a nurse who takes care of people, and probably understands that the people who would pay her would be the taxpayers, not the people who harmed her. She wanted a correction to be made, and it's been made. She's been fully vindicated in the public eye. Police will no longer have access to hospital staff as they did before, so she's a local hero among medical staff throughout here city & state. The cop that arrested her lost not one job but 2 jobs, and he's probably toxic at this point and would not be hired again anywhere else in the country.
#30. To: Vicomte13 (#29)
#31. To: Vicomte13 (#29)
I was hoping for a good old fashioned LYNCHING!
#32. To: misterwhite (#14)
#33. To: A K A Stone (#32)
#34. To: misterwhite (#33)
After 30 years of dedicated service, he was fired for being rude.
“Truth is treason in the empire of lies.” - Ron Paul
Those who most loudly denounce Fake News are typically those most aggressively disseminating it.
#35. To: Deckard (#34)
(Edited)
Do you realize you're the only one on the interwebs defending this prick and it has been pointed out numerous times just how wrong you are
#36. To: misterwhite (#35)
I was 100% right on everything.
“Truth is treason in the empire of lies.” - Ron Paul
Those who most loudly denounce Fake News are typically those most aggressively disseminating it.
#37. To: Deckard (#36)
You're 100% delusional is what you are.
#38. To: misterwhite (#37)
"how many times he pulled this shit in those 30 years of "dedicated" service".
“Truth is treason in the empire of lies.” - Ron Paul
Those who most loudly denounce Fake News are typically those most aggressively disseminating it.
#39. To: Deckard (#38)
I'd estimate at least a few times.
#40. To: misterwhite (#39)
(Edited)
You're smearing a man's reputation based on that shit?
“Truth is treason in the empire of lies.” - Ron Paul
Those who most loudly denounce Fake News are typically those most aggressively disseminating it.
#41. To: Deckard (#40)
#42. To: misterwhite (#41)
Give me ONE negative claim you made about this cop that was true.
“Truth is treason in the empire of lies.” - Ron Paul
Those who most loudly denounce Fake News are typically those most aggressively disseminating it.
#43. To: Deckard (#42)
He assaulted a nurse who was doing her job.
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