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The Water Cooler
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Officer fired, Lt. demoted ...
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<blockquote data-quote="Annie" data-source="post: 3042879" data-attributes="member: 42224"><p>Ok ...</p><p></p><p>1. Given the fact that Payne was an officer involved in a chase that resulted in a third party (Wubel's patient) being injured I believe there is a VERY strong case for believing Payne was acting in his own best interest, which is clearly outside the scope if his commission.</p><p></p><p>2. The nurse DID state why she could not legally allow Payne to draw blood from the patient several times. She went so far as to get a hospital administrator on the phone who ALSO stated why allowing Payne to do a blood draw would be illegal and negligent on both the nurse's and hospital's part. She did not "become combative" until Payne laid hands on her. I'm not saying I would have screamed like she did, but then again, I'm not a screamer. Things would have gotten deathly quiet at that point. I can honestly say I would not have made his attempt to handcuff me easy on him, though.</p><p></p><p>3. He's a VERY lucky man it did not go that way (someone getting injured). Unlawful arrest WITH injury would be a Mother Lode case for even a first year law student.</p><p></p><p>4. There was no warrant, IIRC. There was an officer digging for something to save his own hide, who had a supervisor telling him to arrest the nurse in his way. THAT is why the Lt. needs to be fired, also, IMO.</p><p></p><p>5. See No. 4. Payne was acting under direct order of his supervisor, whom he was on the phone with, to arrest the nurse.</p><p></p><p>6. I'm pretty sure that nurse's regulations being what they are, it wouldn't be hard for the FBI to find her if they really wanted to, fingerprints or not.</p><p></p><p>7. Attorney. Sorry, grammar nazi got the best of me. Fingerprinting is not an "injurious" activity on the part of LE. Sorry, dude. The judge would toss that before the ink was dry on Petition.</p></blockquote><p></p>
[QUOTE="Annie, post: 3042879, member: 42224"] Ok ... 1. Given the fact that Payne was an officer involved in a chase that resulted in a third party (Wubel's patient) being injured I believe there is a VERY strong case for believing Payne was acting in his own best interest, which is clearly outside the scope if his commission. 2. The nurse DID state why she could not legally allow Payne to draw blood from the patient several times. She went so far as to get a hospital administrator on the phone who ALSO stated why allowing Payne to do a blood draw would be illegal and negligent on both the nurse's and hospital's part. She did not "become combative" until Payne laid hands on her. I'm not saying I would have screamed like she did, but then again, I'm not a screamer. Things would have gotten deathly quiet at that point. I can honestly say I would not have made his attempt to handcuff me easy on him, though. 3. He's a VERY lucky man it did not go that way (someone getting injured). Unlawful arrest WITH injury would be a Mother Lode case for even a first year law student. 4. There was no warrant, IIRC. There was an officer digging for something to save his own hide, who had a supervisor telling him to arrest the nurse in his way. THAT is why the Lt. needs to be fired, also, IMO. 5. See No. 4. Payne was acting under direct order of his supervisor, whom he was on the phone with, to arrest the nurse. 6. I'm pretty sure that nurse's regulations being what they are, it wouldn't be hard for the FBI to find her if they really wanted to, fingerprints or not. 7. Attorney. Sorry, grammar nazi got the best of me. Fingerprinting is not an "injurious" activity on the part of LE. Sorry, dude. The judge would toss that before the ink was dry on Petition. [/QUOTE]
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