Police attack nurse because she called her supervisor.

paxnatus
I don't care who the patient was and i guarantee when the truth comes out, we will learn that the owner or supervisor of the facility was notified in advance!

According to the police report that is attached to a link on the OP's article the police had been there for quite awhile and the facility knew that an officer was coming back with a warrant.

media.cmgdigital.com...

I obtained a written statement from the victim, which was placed in evidence.
I was then instructed by Lt. Tinkey to go and obtain a warrant for the offender.
Myself and Lt Tinkey advised all the nurses at the station that I would be attempting to obtain a warrant and would be back if a judge signed it, to arrest the offender.

So this nurse should have had ample notice, and had no excuse for her actions.

Onslaught2996
Of course there are some right wingers are standing up for the four white cops assaulting the black nurse. Of course they believe the report, I mean why would cops lie, it's not like they are covering their butts or anything.

I can see the posts now if it had been a white nurse..the same right wingers defending the cops would be all over this and complaining about rights being taken away ..etc and also somehow blaming Obama for this.

I would like to see the whole video...the part where she locks the police out. All I see is the cops speak with her, she says something back...gets on phone..hands over phone..then gets rushed and assaulted.

From my Previous Post:

I'm thinking the psychiatric facility is going to get an new patient soon.........

Waiting for the other shoe to drop in this discussion.........

Knew I wouldn't have to wait long.

Are you even sure the officers were White? You didn't know the Nurse was till you saw a Mug shot.

defcon5

Metaphysique
rubbish, that's an interpretation and a very strained and a very weaselish one.

Under the US Constitution you have no legal right to countermand a warrant unless it is in conflict with another equal law. As mentioned in the case of the President, he can do so by claiming protection under the National Security Act.

Metaphysique
oh look she was also tasered, that's "strange" when did that happen?

She was obstructing and resisting.
I'm going to tell you what I think happened here. Someone with a dose of authority at work decided that she felt that she was in a position to exert her authority beyond her rights, and got a hard lesson that she was in the wrong. Based on her remark “not on my shift”, I would guess because she didn't want to do the paperwork involved. When you obstruct, you commit a felony (in many states). If you commit a felony and resist being arrested, you're going to get tazed and/or pepper sprayed.

Now what is going to happen is she is going to be convicted with a felony and lose her nursing license. I sure hope that she can show in her facilities “policy and procedures manual” that it states that you can detain officers serving a warrant while you contact your supervisor, because if it doesn't, she's SOL...

I have worked in MANY hospitals and medical facilities, and I cannot name a single one that has a policy of detaining or interfering with the police serving a warrant.

Metaphysique
ROFL my, my, what with this self serving BS, at this point I'd post larken rose's [snip] video but you'll have to google it as moderators have already threatened me with a Ban for posting it once.

Police “use of force matrices” dictate when an officer can legally use force and at what level. If it was judged in compliance, its because upon reviewing the footage, the officers followed the “Use of force policy” of that department.

If you don't like the Laws in the US, you have two options; 1)Move 2) Seek to have them changed.

...But you cannot hold police responsible when they are within the law and policies of their state, and department.

It is called "nursing judgement".

Since we don't have the lead up to the video (other than the officers side of the story, which I seriously rarely believe as it tends to be wholly self serving). So with that said:

As a nurse she has a dutyto ensure the life, health, safety, and care of those patients. Not doing so creates criminal liability for her. None of us knows what patients were on that floor. If there was something that needed to be tightly controlled.

She picked up the phone to call a superior. Making a decision that comprimises the life/health/safety/care of a patient can cost her a license, or worse, jail time. So you don't make those decisions alone. There is a patient that needs to be delivered to the police, then bring the patient up and deliver them. He is obviously in a somewhat controlled environment. And doing it in this way (which is a standard in any hospital I have ever been familiar with....seriously) will preserve the life/health/safety/care of those other patients.

Or, you could let 6 armed police men around people who may have varying levels of instability. Might as well throw a match into that powder keg. Because the authority of the police must be upheld at all costs....even the care of the other patients.

All this Appeal to Authority just grinds my gears. Seriously. WHen did we become such timid little lambs?

Until I get more information (not just police reports) to the contrary, I applaud this woman for standing up to an abusive authority.

Metaphysique
3- ooooh that dawg won't hunt TDREX,
BECAUSE THE OFFICERS FOLLOWED HOSPITAL PROTOCOL WHEN THEY ASKED TO INTERVIEW THE COMPLAINANT
ACCORDING TO OFFICE VICE[OUS]'S REPORT

" Lt. Tinkey arrived on the seen and joined me on the interview with the Victim. The nurses station was advised of the situation we had and we would need to speak to the Victim in a private room. the nurses then got the victim and opened a conference room for us to use"

They didn't follow hospital protocol, they followed police protocol.
The police have to interview the person in private due to the nature of the offense, and they requested the hospital cooperate and give them a private area to speak with her. The hospital complied with their request.

Now if the nurse would have complied with their request, as cooperation is most likely the hospitals protocol, she would not have been denying them access. She she was more likely then not the one not complying with the hospitals policies.

defcon5
reply to post by Metaphysique

 

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Fourth Amendment says that upon the issue of a warrant the police have the right to search, seize, and arrest. No 'legal' authority of anyone other then a judge can overturn this.

***But what happened to common courtesy. The major concern to the nursing board establishment is the possibility of the patient being in isolation for airborne or other highly contagious illnesses such as MRSA, Influenza, C-Difficile, and Tuberculosis. Whenever a patient is on isolation for YOUR protection you MUST wear gloves, gown and sometimes a mask. So the LEOs would be smart IMO to verify things like this if they care anything about their own health or the possible spread of virulent contagion! You would also think that the LEOs would exhibit more poise and not act in a bullying manner.

It is nursing and hospital policies to notify the supervisor or manager immediately when the police do arrive. What they did was definitely excessive use of force and unnecessary. What are they out to prove in their behavior? Their actions by far speak far louder than words.

reply to post by defcon5

I'm going to tell you what I think happened here. Someone with a dose of authority at work decided that she felt that she was in a position to exert her authority beyond her rights, and got a hard lesson that she was in the wrong. Based on her remark “not on my shift”, I would guess because she didn't want to do the paperwork involved. When you obstruct, you commit a felony (in many states). If you commit a felony and resist being arrested, you're going to get tazed and/or pepper sprayed.

RUBBISH.
what obviously really happened according to the official report was that after following hospital protocol with regard to
interviewing the complainants wife, they went to get the warrant, upon arriving they found nurse Bien-Aime, who apparently unaware of the situation, most probably due to beginning her shift, else she wouldn't have felt any need at all to call her supervisor, refused to allow officers to just charge in like gangbusters. said officers not willing to explain or wait a few seconds, and I'm guessing irked at being balked by this uppity civy, assaulted her, abusing their authority.

bigfatfurrytexan
It is called "nursing judgement".

Its called a judge issued Warrant for Arrest, it holds authority beyond a nurses opinion.

bigfatfurrytexan
As a nurse she has a dutyto ensure the life, health, safety, and care of those patients. Not doing so creates criminal liability for her.

She has no liability if she is trumped by a officer, and a judge issuing a warrant. At that point its her job to let them do their job, call her supervisor, and fill out the appropriate paperwork. The liability transfers to the police when they take the person into custody, that is part of what the word “custody” means.

When someone is arrested their rights are suspended and all liability for that person transfers to the person who has them in custody. Your rights to movement, to freedom, even your HIPPA rights get suspended as soon as a judge signs that piece of paper, and an officer arrests you.

bigfatfurrytexan
None of us knows what patients were on that floor. If there was something that needed to be tightly controlled.

The Hospital already was aware of what was going on here. Nothing has to be that “tightly controlled” that you cannot allow officers to go into a room and remove a person.

bigfatfurrytexan
She picked up the phone to call a superior. Making a decision that comprimises the life/health/safety/care of a patient can cost her a license, or worse, jail time.

Nope, not when presented with a warrant.
She should have followed her “policies and procedures” which I guarantee state that she would have complied with the police. What she is going to lose her license over is the fact that she is about to have a felony conviction on her record.

bigfatfurrytexan
So you don't make those decisions alone.

You seem to be under the VERY mistaken notion that anything or anyone in the hospital's hierarchy has the right to overrule a warrant... You are wrong on this...

even under Texas Law, which states that police are supposed to surrender their guns when entering a mental health facility, it states that under certain circumstances they don't have too.

reply to post by bigfatfurrytexan


Hey FatfurryTexan, sorry I have to disagree with you on this! First let me start by redacting what i have said regarding the suspect and the facility....

The suspect was wanted for allegedly sexually assaulting another patient there! The police had an arrest warrant and the nurse who was in charge stated:

Lawrenceville police told Lucie they cannot comment on pending litigation, but they did send him the incident report from Oct. 31, 2011. [/exnews]

The report said when officers asked to see the accused patient's room she told them "Oh no, this is not happening while she was in charge." The report also said she ran to the nurse station door and locked it.

Bien-Aime is facing a felony charge of obstructing a police officer.

This is a beautiful facility for Mental Health Treatment and substance abuse..Does not look under funded to me.

I do not know how they do it in Texas but in Ga., Va. and Tn. yes, the facility has police officers there for security purposes! They carry weapons! I find it hard to believe that 5 officers were sent to see this person if the person was not highly suspected!!

As far as the people on here defending the nurses actions in order to protect a patient, what about the patient that was possiibly assaulted???? Guess she didn't give a flip about that one!!

She was clearly power tripping here!!!! Those officers were not playing around and i am sure she was resisting and i know she was obstructing justice!! You cannot do whatever the hell you want just because you are in charge of a patient or facility!!! We carry liability insurane for that purpose!! She made a bad call!!

here is the facility: Summit Ridge Hospital


www.wsbtv.com...

reply to post by bigfatfurrytexan


What about the rights and safety of the "other" patient that was getting fondled by that guy????

The Police interviewed the complainant, TOLD the hospital that they would be back with a warrant for the person fondling, and THEN the Nurse want's to get in their way???

Sorry, that's a SURE ticket to getting arrested, which she did.

I have come across TONS of examples where Hospitals "think" they know the legal procedures involved in a police situation, they don't, to be blunt. I've come across multiple situations where the Hospital personnel tried to disrupt or delay investigations only to find out that they had NO Authority to do so. This is where knowing your rights and the Law come into play. When you don't know both or either of those, you get Nurses Like the one in this discussion getting in major trouble.

Hospitals tend to think that "their" policies and procedures HAVE to be followed first and foremost. They don't once the Police get involved. End of Discussion.

I even have had to get Hospital Administrators get lectured by the Head of County Sherrif's or Chief of Police AND a Judge to get them to stop impeding Police situations at a Hospital. It's not a fun day for the Hospital, they have NEVER won one of those confrontations.

Starwise
***But what happened to common courtesy. The major concern to the nursing board establishment is the possibility of the patient being in isolation for airborne or other highly contagious illnesses such as MRSA, Influenza, C-Difficile, and Tuberculosis.

This happened at 2:00 Am, the Police had been there dealing with this since 8:00Pm, and the nurses were aware of it. This patient was NOT contagious, he was a mental health patient.

Starwise
You would also think that the LEOs would exhibit more poise and not act in a bullying manner.

What obviously happened here was that the nurse was not going to let them take her patient for whatever reason. The staff had been made aware of what was occurring, but she was going to "protect" him.

Follow my link above, and read the police report.

Starwise
It is nursing and hospital policies to notify the supervisor or manager immediately when the police do arrive.

You don't keep the police locked out while you do it. You let them do their thing, you call your supervisor and tell them what is going on, and you fill out whatever paperwork you are required to fill out.

Starwise
What they did was definitely excessive use of force and unnecessary. What are they out to prove in their behavior? Their actions by far speak far louder than words.

Go read the police report and look at the temper tantrum that she threw when they were taking her to the car.

Metaphysique
what obviously really happened according to the official report was that after following hospital protocol with regard to interviewing the complainants wife

How many hospitals you worked for? Hm?
Apparently none....
Hospitals don't set protocol for interviewing for criminal activity, they let the police handle it. Hospital protocol for a crime is to contact the police and cooperate with them. Hospitals are there to treat sick, they don't engage in law, investigation, or other law enforcement activities. If it was otherwise they would be staffed with lawyers not doctors.

That is POLICE protocol...

Cops need to learn where to put all that rage.

I saw the mug shot of a man in chicago who stuck a toddler into scadling hot water, causing burns over 80% of the childs body.

Yet he is smiling in his mug shot, how come no cop felt the need to bust one on this guy?


Just another day of whackness brought to you by the militarized police force that knows you will never stand up to them.

reply to post by pavil

it seems to escape your notice

but hospitals do have rules in place.

you paxnatus,defcon, et al in your servile [or self serving] defense of these thugs are essentially claiming it's ok for police:

to just waltz in and arrest somebody

or kidnap somebody

or silence/intimidate a witness

or snatch a baby.

without anybody questioning.

thus, there are rules and protocols in hospitals for very damned good reasons

of course according to you folks some "people" are above such things.


and I see Bozzchem has once again been censored, for pointing out what the inevitable consequences of the continuing and increasing barbarity of these juiced up thugs.

so I will not continue to participate in a rigged debate, no doubt by somebody abusing their authority, so much for editorial agnosticism . rolls eyes

I'm out of here, theres an eye-watering "fragrance" in the air

AUTHORITY
by Calvin Klein

reply to post by pavil, defcon5, etc...


Of course, "If you've got a warrant, I guess you're gonna come in."


My first impression was based on the video and news article. Since reviewing the incident report, my overall impression of this situation has changed. If the warrant was indeed issued, before the leo's commenced to apprehend Mr. Morey Arland Lockhart, then Nurse Marthe Bein-Aime should consider herself lucky. It is clearly evident how she interfered, with the authority granted by the warrant, to the police.

And now to my rant about an overlooked part of the story. Cops are not to blame here. The staff of the mental ward created the situation from the start. With the available evidence, I think that some of the hospital staff were negligent in their own duty, by allowing the suspect an environment to freely assault the victim.

The staff, at the loony bin, should be watching every patient under their care. After all, patients are usually admitted there if they pose a threat to themselves or others. After the incident that occurred between the suspect and the victim, at 2030-2045, the two patients should have been separated. The woman was seeking a safe environment, and that includes being free from any unwanted sexual advances or contact.

The victim should not have been forced to have a smoke break with her alleged attacker. I say forced, because I will believe that she was told to go smoke at that time or not at all. They clearly knew there was a problem, and perpetuated a hostile environment that was counter-therapeutic for the victim(s).

This is proven, if the alleged statements made by Nurse Jaime Gant (Gee), are proven factual.

After the victim was assaulted, while on a smoke break, Nurse (Gee) apparently stated that the suspect "was a mental patient, and she would have to overlook it". Upon the victims return to her room, the suspect was there touching her room mate. At this point, Nurse (Gee) "yelled at the offender stating that she had already told him not to touch other people.'

Wrong answer, Nurse Gee. Mental patients, who cannot keep their hands to themselves, are at least kept in seclusion. If patient has proven unable to control themselves, it would also likely warrant a straight-jacket, thorazine, and a tying to the bed.

I hope the patients husband is already eyeing up all the possible ways to scoop money out of the hands of this hospital.

Lysergic
Yet he is smiling in his mug shot, how come no cop felt the need to bust one on this guy?

Because like it or not the truth is that the only people who don't look that way in their mugshot are those who resist arrest. As much as the cops might have liked to smack the guy around, I'll bet you that he had been in the system before and knew better then to put up a fight when they arrested him. Most of the people who get “ruffed up” are people getting arrested for something for the first time, "can't believe this is happening", or believe they are in the “right”, and so they put up a fight.

reply to post by Metaphysique


To be perfectly honest, I look at the article the OP referred to which only had a small video of the event. I couldn't make out detail of ANY of the people, Nurse of Police when I looked at it.

To make it a Racial issue, is just trying to blur things, IMO.

You go ahead and do that.

defcon5

Starwise
***But what happened to common courtesy. The major concern to the nursing board establishment is the possibility of the patient being in isolation for airborne or other highly contagious illnesses such as MRSA, Influenza, C-Difficile, and Tuberculosis.

This happened at 2:00 Am, the Police had been there dealing with this since 8:00Pm, and the nurses were aware of it. This patient was NOT contagious, he was a mental health patient.

Starwise
You would also think that the LEOs would exhibit more poise and not act in a bullying manner.

What obviously happened here was that the nurse was not going to let them take her patient for whatever reason. The staff had been made aware of what was occurring, but she was going to "protect" him.

Follow my link above, and read the police report.

Starwise
It is nursing and hospital policies to notify the supervisor or manager immediately when the police do arrive.

You don't keep the police locked out while you do it. You let them do their thing, you call your supervisor and tell them what is going on, and you fill out whatever paperwork you are required to fill out.

Starwise
What they did was definitely excessive use of force and unnecessary. What are they out to prove in their behavior? Their actions by far speak far louder than words.

Go read the police report and look at the temper tantrum that she threw when they were taking her to the car.

Yeah, that is a pretty messed up situation all around....
Thanks for helping me catch up in thread.

Metaphysique
to just waltz in and arrest somebody
or kidnap somebody

I guess you just don't get the idea of a warrant.
When a warrant is issued for a person, they must “bring forth the body”, to be presented before that judge. It does not matter if that person is in a hospital, a topsecret military facility, an Indian reservation, or even in another country. If it is in an area that is outside their jurisdiction, they will present that warrant to those inside the jurisdiction (depending on the expense vs the infraction), and have that person extradited into their custody.

Someone being in a hospital does not provide any protection from a warrant.

You want to call it “kidnapping”, fine, but its legal “kidnapping” and supported by the US Constitution.

Metaphysique
without anybody questioning.

A warrant can only be issued by a judge based on probable cause...
Again supported by the US Constitution, and has been since it was written.

Metaphysique
thus, there are rules and protocols in hospitals for very damned good reasons

There are no “protocols” in any hospitals that supersede the US Constitution or a Warrant issued by a Judge under Probable Cause. There are no protocols at any of the dozen hospitals I have worked at that tell you that any hospital employee has any say in law enforcement activity, or that they can block a law enforcement officer in the commission of his office.