Ninth Circuit Court Delivers Landmark Taser Ruling

Posted by Digby, Hullabaloo at 6:30 AM on December 30, 2009.

The next stop could be the Supreme Court.

The 9th Circuit issued what may be a landmark ruling on tasers, and not a moment too soon:

A federal appeals court on Monday issued one of the most comprehensive rulings yet limiting police use of Tasers against low-level offenders who seem to pose little threat and may be mentally ill.
In a case out of San Diego County, the 9th U.S. Circuit Court of Appeals criticized an officer who, without warning, shot an emotionally troubled man with a Taser when he was unarmed, yards away, and neither fleeing nor advancing on the officer.

[...]

As lawsuits have proliferated against police and Taser International, which manufactures the weapons, the nation’s appellate courts have been trying to define what constitutes appropriate Taser use.

The San Diego County case is the latest ruling to address the issue.

A three-judge panel of the 9th Circuit affirmed the trial judge’s ruling on Monday, concluding that the level of force used by the officer was excessive.

McPherson could have waited for backup or tried to talk the man down, the judges said. If Bryan was mentally ill, as the officer contended, then there was even more reason to use “less intrusive means,” the judges said.

“Officer McPherson’s desire to quickly and decisively end an unusual and tense situation is understandable,” Judge Kim McLane Wardlaw wrote for the court. “His chosen method for doing so violated Bryan’s constitutional right to be free from excessive force.”

Some lawyers called it a landmark decision.

Eugene Iredale, a San Diego lawyer who argued the case, said it was one of the clearest and most complete statements yet from an appellate court about the limits of Taser use.

He said after Monday’s decision that courts will consider all circumstances, including whether someone poses a threat, has committed a serious crime or is mentally troubled.

“In an era where everybody understands ‘don’t tase me, bro,’ courts are going to look more closely at the use of Tasers, and they’re going to try to deter the promiscuous oversue of that tool,” he said.

[...]

“Certainly the officer should be able to articulate the reason the force (was used), and a mere resistance to comply may not be enough,” said Sheriff John McGinness.

It’s not. The idea that police can use it to subdue people at their discretion in order to make their difficult jobs easier is just wrong. The police can’t hit people over the head with a baton if they smart mouth them or refuse to immediately comply and they shouldn’t be able to shoot them full of electricity either. Just because it doesn’t leave marks doesn’t mean it isn’t cruel and brutal.

This issue will wend itself through the courts for some time. I would imagine we’ll see a Supreme Court ruling. Considering the current court, I’m sure Taser International hopes so.

Source

SLS Health

Repost…

THESE ARE THE FACTS REGARDING THE STATUS OF SLS HEALTH VS OMH AS OF MARCH 23, 2009:

1.) On or around December 3rd Justice O’Rourke from the Putnam County
Supreme Court ordered that all fines and also ordered OMH would be barred
from taking further regulatory action against SLS, including the revocation
of SLS licenses. This was after him supposedly reviewing the over 3,498
pages of evidence in ONE NIGHT.

2.) On December 10 the NY State Attorney General filed a motion with the
Appellate Division barring enforcement of Justice O’Rourke’s order until the
Appellate Division has had an opportunity to review and decide the appeal.
This permitted the OMH Revocation hearing to move forward (and it did start
on Jan 5, 2009). Also, the Appellate Division only grants orders of this
type when it has serious concerns about the order issued by the lower court.
In this case the fact that all of the evidence could not have been humanly
possible to be reviewed in under 24 hours made Justice O’Rourke’s order
appear to be a “favor” to SLS.

3.) On December 23 the Appellate Division acted swiftly and issued an
Emergency Stay of Justice O’Rourke’s order. Justice O’Rourke’s order was
stayed, meaning not in effect, on the condition the NY Attorney General
files its appellate brief on or before Jan. 22, 2009. This means the
Appellate Division is fast-tracking the appeal.

4.) On Jan 19, 2009 the OMH Revocation Hearing started. SLS made a motion
prior to the OMH Revocation Hearing on Jan 5,2009 to have the administrative
judge recues himself since he oversaw the hearings regarding the fines and
investigations. The motion was denied. SLS appealed this decision on Jan
14, 2009 to the OMH Commissioner. He rejected the appeal.

5.) On Jan 20, 2009 SLS commenced another lawsuit in front of Justice
O’Rourke of Putnam County requesting to overrule the OMH Commissioners
decision to allow the Administrative Judge to not recues himself from the
Revocation Hearing. Justice O’Rourke DENIED SLS’ request. The NY Attorney
General also filed motion to dismiss SLS lawsuit as well as fil the Appeal
Brief and the parties were due in court on Feb 10, 2009. The NY State
Attorney General filed the following to the Appellate Court:

“. Justice O’Rourke signed the order finding that Prof. Hutter’s decision
was not supported by the evidence one day after he received the 3, 498 page
hearing transcript.

. Although SLS complains that OMH relied on hearsay (which is allowed in
administrative hearings) it failed to mention that its expert, Dr. Samenow,
relied on statements made by 14 unidentified SLS patients to him.

. SLS policy allowed restraints, euphemistically called Brief Safety
Interventions, to last up to 45 minutes even though SLS’ own expert
testified that they should last no longer than 20 minutes due to the risks
to the patient.

. In 2006, SLS restrained one-fourth of its residents.

. Santoro admitted that SLS would only call a physician “sometimes” after a
patient was restrained; Dr. Stumacher, the in-house physician, testified
that he was not summoned when restraints were used.

. SLS Clinical Director, Shawn Prichard admitted that he would monitor
patients’ phone calls to their families when in his opinion, they were lying
about conditions at SLS.

. Among the many incidents that SLS was required to report to OMH- but did
not-were the following: 1. A patient received 12 stitches at the community
hospital after cutting her arm with glass. The hospital concluded she was
suicidal and transferred her to a psych hospital. Betsey Bergman testified
that SLS did not report this to OMH because they did not think the patient
was suicidal. 2. A patient got violent, went to store, called 911 and said
she was going to kill herself. SLS did not report this to OMH because they
felt she was not suicidal.

. Betsey Bergman, who was in charge of Incident Reporting, had never heard
of the regulations on incident reporting and had never conducted a special
investigation into any incident.

. Matt Sena, SLS’ Residential Director, did not know what constituted a
reportable incident and was not familiar with the OMH regulations.

. Despite regulations requiring staff to be fingerprinted, 21 employees were
not fingerprinted until months after they were hired. SLS admitted that
these employees had regular and substantial contact with patients. ”

6.) Feb 19, 2009 Justice O’Rourke to SLS “The Revocation Hearing will
proceed” and granted OMH’ motion to dismiss SLS’ lawsuit regarding the
recusal of the OMH Administrative Judge which was simply a delay tactic to
begin with and never had merit.

7.) On Feb 23 it was discovered by Justice O’Rourke (the Judge SLS
continuously lies to people that he supposedly granted them the big
“Victory” of OMH) that SLS no longer had a medical doctor on staff which is
an extremely serious regulatory violation. He also held that SLS improperly
brought the case in Putnam County and ordered the venue changed to Albany
County. He also stated that SLS is not entitled to any restraining orders
or any injunctions. After SLS received the order changing venue
and denying their request for an injunction, SLS filed a stipulation
discontinuing the action. Oddly, they filed it in Putnam and specifically
limited the discontinuance of action in Putnam, even though the case has
been moved to Albany.

8.) On March 25 SLS and Roman/Morgan start Mediation in result of the
Federal Judge ordering them to do so.

Summary: SLS lost it’s appeal that it has been touting about since Jan.
on two different websites with the sole purpose of misleading former
and current members and the people who pay for treatment.

They have not had any “victory” and in fact are in a worsening situation.
SLS is currently still participating in the OMH Revocation Hearing.

SLS employees including Joseph Santoro and Shawn Prichard were
CAUGHT lying under oath. Al Bergman was caught trying to
convince other programs to sign opt-out notices on behalf of
former members, so as to ensure they never even knew the lawsuit
existed.

Once the class action trial starts the REAL story will come out and
everything discussed so far will be reinforced, proven and finally
the former members can have the closure they deserve.

Source: fornits.com/phpbb

Keene Talk Show Host Threatened with Imprisonment for Speaking out Against Drug War

The host of the nationally syndicated radio show Free Talk Live, Ian Freeman (Bernard), has been threatened with 90 days imprisonment for writing about and attending a protest of the drug laws. (Related articles: Activist Arrested for Plant Possession and Radio Host Jailed over Couch) Earlier this year, Ian was dragged into court because his tenants had a couch in the yard. Ian did not sit fast enough for Judge Burke and was given 90 days for contempt of court, plus thee days in jail for the couch “offense.” After the three days in jail, Judge Burke suspended the 90 days and released Ian. One of the conditions of release was Ian demonstrating “good behavior.” Now, for writing about, and talking about Andrew Carroll’s marijuana civil disobedience, in addition to attending the protest, Ian is being charged with “Criminal Liability for the Conduct of Another” and could have the 90 day sentence reinstated even if he is never convicted for the Criminal Liability.

This case could have serious repercussions for freedom of speech and freedom of the press in this country, if reporting on a “crime” can be construed as aiding the “crime.” The freedom to petition the government for redress of grievances is also at risk here.

Paperwork Ian received:
http://freekeene.com/files/Motion_to_Show_Cause2009-01-12.pdf

Source: http://www.newhampshirefreepress.com/NHFreePress/?q=node%2F309

This is appalling. Just more proof that the “drug war” has nothing to do with drugs and everything to do with control and keeping the masses ignorant to the truth. It is dangerous, in the governments eyes, to ever make drugs legal. Many drugs out there are mind-expanding tools that wake people up to the true nature of reality, God and themselves. Some of these entheogens have been used for well over 4,000 years. They are directly responsible for the evolution of the human mind. There is plenty of documentation to support this. To those in “control” are threatened by this, with good reason. Those who desire to control have to be able to have some control over the mind for their agenda to actually work. The good news is, more and more people are waking up, there is no escape from truth, it will find a way to reveal itself even in the darkest of times. Power to the people!!

‘Santa Bob’ admits he grew wacky weed and ‘shrooms

TOWSON, Md. (AP) – A Harford County man who sells Christmas trees on his farm and poses as Santa for the children of his patrons has pleaded guilty to two counts of growing and possessing marijuana and hallucinogenic mushrooms.

Prosecutors are seeking at least six months in jail for 62-year-old Robert Chance of Darlington, also known as “Santa Bob.”

The Projected Death of Straight Inc.

A lot of us probably figured Straight, Inc. would get shut down sometime after we got out.

When I was finally out and away from Northern Virginia for good, I imagined the program would be gone after a year or two. After all, I had seen the lawyers come and go and knew something was potentially up. Aside from that, I probably just figured that a place as stupid as Straight would sooner or later, if not sooner, be history.

The bad news is people still fall for the same old shit; they still sell a lemon, and it seems there’s a sucker born every minute.

Same shit (with a new sales pitch), different century!