http://news.yahoo.com/s/ap/20090626/ap_o...th_lawsuit

Quote:A former Washington state prison inmate who says she was shackled during childbirth sued the state Thursday, saying her constitutional rights were violated.

Seattle-based women's rights organization Legal Voice filed the federal lawsuit against the state Department of Corrections on behalf of Casandra Brawley, who was four months pregnant when she was jailed...

"Yeah, I've made some mistakes and wrong decisions," Brawley said Thursday of the shoplifting conviction that sent her to prison. "But I am still a person and I didn't feel like I should be treated like a caged animal."...

While walking the halls of the hospital during her recovery, her ankles were shackled together, which Brawley said was "embarrassing and stressful."

Shackled during childbirth for a convicted ... shoplifter? Excessive? Yes. Embarrassing and stressful? Maybe. Worth a lawsuit? Hardly.

Under police department policy, a police officer must restrain an inmate in the hospital.

I don't think this case fits into the "Legal Voice Women's Bill of Rights". I mean where has her "rights" been violated.

This will be thrown out on summary judgment. Failure to state a claim upon which relief can be granted.

Quote:The Legal Voice Women's Bill of Rights
Legal Voice believes that women—all women—have these fundamental rights:

Women have the right to equal treatment and to be free from discrimination.
Women have the right to decide when and how to form and maintain their families.
Women and girls have the right to be safe wherever they are.
Women have the right to economic equality and independence.
Women have the right to be healthy and active.

(06-26-2009 10:26 AM)SumOfAllFears Wrote:  Under police department policy, a police officer must restrain an inmate in the hospital.

I don't think this case fits into the "Legal Voice Women's Bill of Rights". I mean where has her "rights" been violated.

This will be thrown out on summary judgment. Failure to state a claim upon which relief can be granted.

Quote:The Legal Voice Women's Bill of Rights
Legal Voice believes that women—all women—have these fundamental rights:

Women have the right to equal treatment and to be free from discrimination.
Women have the right to decide when and how to form and maintain their families.
Women and girls have the right to be safe wherever they are.
Women have the right to economic equality and independence.
Women have the right to be healthy and active.

That's got some controversy to it.

(06-26-2009 09:07 AM)BGSUalum1987 Wrote:  Shackled during childbirth for a convicted ... shoplifter? Excessive? Yes. Embarrassing and stressful? Maybe. Worth a lawsuit? Hardly.

I disagree. First off, a woman in childbirth is hardly a risk for an escape attempt. Shackles aren't needed, and they could interfere with the birth, putting a new born child at uneccessary risk...

The officers will irresponsible and show poor judgement in their actions. Their actions showed little regard for human dignity - or human life. They should be held accountable for their actions, as should the organization that employs them...

Ridiculous, There were doctors in the room so the shackles could not in any way interfere with the birth or cause any risk. The doctors would have done something like demand they be removed if there were any possibility of risk to the the new born child or the mother for that matter.

Another Bit -- Half-Backed assessment.

(06-26-2009 11:17 AM)bitcruncher Wrote:  

(06-26-2009 09:07 AM)BGSUalum1987 Wrote:  Shackled during childbirth for a convicted ... shoplifter? Excessive? Yes. Embarrassing and stressful? Maybe. Worth a lawsuit? Hardly.

I disagree. First off, a woman in childbirth is hardly a risk for an escape attempt. Shackles aren't needed, and they could interfere with the birth, putting a new born child at uneccessary risk...

The officers will irresponsible and show poor judgement in their actions. Their actions showed little regard for human dignity - or human life. They should be held accountable for their actions, as should the organization that employs them...

If you believe a pregnant woman won't go the whole 9 yards with you if you are a Cop, ... well all I can say is, you've never been a Cop.

If she can't stand the Dime, she should not have Committed the Crime ...

.

The police are not always in the right. I remember a deaf fellow (skull implants and all) who had his transplant on the same day I did. I've seen him a few times since then. It'll be 5 years ago on the 30th. About 4 months after his surgery, the police broke down his door (they arrived at the wrong address), started shouting orders at him to raise his hands and submit to them (which he never heard, since he's deaf, and he turns off his implants to watch TV - he uses CC for dialogue because it's easier than trying to make sense of it using the implants), and when he didn't respond or acknowledge them (he's deaf, remember), they threw him down on his floor and started kicking him (4 months after having his torso ripped open to implant a new organ). His first awareness of what was going on was when they threw him to the floor, and when he could catch his breath he started telling them to stop kicking him because he just had a transplant. The police arrived at the wrong address, the suspect they were abusing didn't match the description of the suspect they were after, and the implants clearly visible on the outside of his bald skull should have indicated to somebody that the man couldn't hear...

Anyway, the man survived - barely - and the lawsuit against the city continues. I expect he'll get a very hefty settlement, if he survives long enough to get it. He will deserve it too...

The lady may deserve compensation as well. News reports are terse, and rarely give more than superficial details. I wouldn't make any claims with any certainty, until all the facts are in - unless jumping to conclusions without all the relevant data is a family tradition...

Verdict: for plaintiff.
Damages: Nominal.

Unless they settle out of court.

(06-26-2009 10:26 AM)SumOfAllFears Wrote:  

Quote:The Legal Voice Women's Bill of Rights
Legal Voice believes that women—all women—have these fundamental rights:

Women have the right to equal treatment and to be free from discrimination.
Women have the right to decide when and how to form and maintain their families.
Women and girls have the right to be safe wherever they are.
Women have the right to economic equality and independence.
Women have the right to be healthy and active.

Why does it say "Women" and not "Everyone?" That's discrimination against me.

(06-26-2009 11:17 AM)bitcruncher Wrote:  

(06-26-2009 09:07 AM)BGSUalum1987 Wrote:  Shackled during childbirth for a convicted ... shoplifter? Excessive? Yes. Embarrassing and stressful? Maybe. Worth a lawsuit? Hardly.

I disagree. First off, a woman in childbirth is hardly a risk for an escape attempt. Shackles aren't needed, and they could interfere with the birth, putting a new born child at uneccessary risk...

The officers will irresponsible and show poor judgement in their actions. Their actions showed little regard for human dignity - or human life. They should be held accountable for their actions, as should the organization that employs them...

Unnecessary risk? Where? How?

And what's all this about regard for human dignity? She's a f"king criminal and she's the one who is being held accountable for the crime she commited. She's the one who gave her baby the wonderful opportunity of being born to a shackled mother. And how is the organization that employs them responsible? Under that logic the mother of the criminal is responsible for her daughter's shoplifting.

(06-26-2009 03:44 PM)bitcruncher Wrote:  The police are not always in the right. I remember a deaf fellow (skull implants and all) who had his transplant on the same day I did. I've seen him a few times since then. It'll be 5 years ago on the 30th. About 4 months after his surgery, the police broke down his door (they arrived at the wrong address), started shouting orders at him to raise his hands and submit to them (which he never heard, since he's deaf, and he turns off his implants to watch TV - he uses CC for dialogue because it's easier than trying to make sense of it using the implants), and when he didn't respond or acknowledge them (he's deaf, remember), they threw him down on his floor and started kicking him (4 months after having his torso ripped open to implant a new organ). His first awareness of what was going on was when they threw him to the floor, and when he could catch his breath he started telling them to stop kicking him because he just had a transplant. The police arrived at the wrong address, the suspect they were abusing didn't match the description of the suspect they were after, and the implants clearly visible on the outside of his bald skull should have indicated to somebody that the man couldn't hear...

Anyway, the man survived - barely - and the lawsuit against the city continues. I expect he'll get a very hefty settlement, if he survives long enough to get it. He will deserve it too...

The lady may deserve compensation as well. News reports are terse, and rarely give more than superficial details. I wouldn't make any claims with any certainty, until all the facts are in - unless jumping to conclusions without all the relevant data is a family tradition...

Bit, that story is tragic and disturbing. If all is as you say it is then this is a wrong that need to be corrected. A the same time, it really doesn't relate to the topic of this thread.

Quote:"But I am still a person and I didn't feel like I should be treated like a caged animal."

*****, you're in prison. Were you expecting a luxury condo?

While I think her shackling was silly and was carried out by mindless autonotoms going about their jobs without concern for human dignity...I can not see a valid reason for compensation in this case. Having your feelings hurt is not grounds for monetary reward...IMO.

(06-26-2009 03:44 PM)bitcruncher Wrote:  The police are not always in the right. I remember a deaf fellow (skull implants and all) who had his transplant on the same day I did. I've seen him a few times since then. It'll be 5 years ago on the 30th. About 4 months after his surgery, the police broke down his door (they arrived at the wrong address), started shouting orders at him to raise his hands and submit to them (which he never heard, since he's deaf, and he turns off his implants to watch TV - he uses CC for dialogue because it's easier than trying to make sense of it using the implants), and when he didn't respond or acknowledge them (he's deaf, remember), they threw him down on his floor and started kicking him (4 months after having his torso ripped open to implant a new organ). His first awareness of what was going on was when they threw him to the floor, and when he could catch his breath he started telling them to stop kicking him because he just had a transplant. The police arrived at the wrong address, the suspect they were abusing didn't match the description of the suspect they were after, and the implants clearly visible on the outside of his bald skull should have indicated to somebody that the man couldn't hear...

Anyway, the man survived - barely - and the lawsuit against the city continues. I expect he'll get a very hefty settlement, if he survives long enough to get it. He will deserve it too...

The lady may deserve compensation as well. News reports are terse, and rarely give more than superficial details. I wouldn't make any claims with any certainty, until all the facts are in - unless jumping to conclusions without all the relevant data is a family tradition...

Nope, they are not always right just like Presidents, Congressmen, Doctors, Lawyers, and everyone else that takes a breath on this planet.

Yet if you give in to one, you must give in to all and that poses a risk that just can not be allowed.

Imagine a Pregnant "Squeaky Fromme" being allowed to walk the halls of a hospital untethered and she escaped and murdered some nice folks .... we would be hearing how Lax and No Good the Cops were at their Jobs.

It is always 6 of 1 & half a dozen of the other .....

.

(06-26-2009 09:26 PM)smn1256 Wrote:  

(06-26-2009 03:44 PM)bitcruncher Wrote:  The police are not always in the right. I remember a deaf fellow (skull implants and all) who had his transplant on the same day I did. I've seen him a few times since then. It'll be 5 years ago on the 30th. About 4 months after his surgery, the police broke down his door (they arrived at the wrong address), started shouting orders at him to raise his hands and submit to them (which he never heard, since he's deaf, and he turns off his implants to watch TV - he uses CC for dialogue because it's easier than trying to make sense of it using the implants), and when he didn't respond or acknowledge them (he's deaf, remember), they threw him down on his floor and started kicking him (4 months after having his torso ripped open to implant a new organ). His first awareness of what was going on was when they threw him to the floor, and when he could catch his breath he started telling them to stop kicking him because he just had a transplant. The police arrived at the wrong address, the suspect they were abusing didn't match the description of the suspect they were after, and the implants clearly visible on the outside of his bald skull should have indicated to somebody that the man couldn't hear...

Anyway, the man survived - barely - and the lawsuit against the city continues. I expect he'll get a very hefty settlement, if he survives long enough to get it. He will deserve it too...

The lady may deserve compensation as well. News reports are terse, and rarely give more than superficial details. I wouldn't make any claims with any certainty, until all the facts are in - unless jumping to conclusions without all the relevant data is a family tradition...

Bit, that story is tragic and disturbing. If all is as you say it is then this is a wrong that need to be corrected. A the same time, it really doesn't relate to the topic of this thread.

That crap happens every day in America. Most cops have an aggressive mentality before they became cops. Strap a gun to them and give them the force of the state to back them up....this stuff happens. This BTW is another consequence of the war on drugs. If the cops were actually going around protecting people from those that are committing violent crime, this man would not have had his door broken down in a drug raid.

It is always a good idea to NEVER open the door for a cop unless you call for their assistance. You are under no obligation to interact with them. The second that you open the door....You have OPENED the door to possible trouble.

When a trooper comes up behind you while you are driving...do you feel protected or do you feel apprehensive? I bet most people do not feel protected.