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DonViejo

(60,536 posts)
Fri Sep 8, 2017, 04:34 PM Sep 2017

FBI probing Utah cop who arrested nurse for refusing to draw blood

Source: Reuters




SEPTEMBER 8, 2017 / 2:43 PM / UPDATED AN HOUR AGO

(Reuters) - The FBI said on Friday it is examining whether federal laws were violated by a Utah police detective who is shown on video assaulting and arresting a nurse after she refused to allow taking a blood sample from an unconscious patient.

The July 26 incident involving Salt Lake City police Detective Jeff Payne is already being investigated by state authorities, who requested the help of the Federal Bureau of Investigations on Thursday.

Sandra Yi Barker, a spokeswoman at the FBI’s Salt Lake City field office, said agents already opened a review of the matter after videos of Payne forcefully arresting University of Utah Hospital nurse Alex Wubbels emerged last week.

“We are there to support and assist them as needed, but we also have our own review going on at the same time,” Barker said. Barker stressed that a “color of law” review, which examines whether law enforcement officials exceeded their authority, was a preliminary step that may or may not lead to a formal investigation.



Read more: https://www.reuters.com/article/us-utah-nurse/fbi-probing-utah-cop-who-arrested-nurse-for-refusing-to-draw-blood-idUSKCN1BJ2D0

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FBI probing Utah cop who arrested nurse for refusing to draw blood (Original Post) DonViejo Sep 2017 OP
Forgive me, but how is this a Federal crime? brooklynite Sep 2017 #1
a guess, but I should think there were multiple civil rights violations--first with re: the patient hlthe2b Sep 2017 #2
Deprivation of civil rights under color of law. 1983. VermontKevin Sep 2017 #4
Civil rights violations Bradical79 Sep 2017 #12
Possible HIPPA violations, I bet. VermontKevin Sep 2017 #3
Not a lawyer but possibly a violation of the fourth amendment? spooky3 Sep 2017 #5
Violation of the 4th Amendment. As ruled by USSC in 2015. Cattledog Sep 2017 #7
If a person cvil rights are violated by an officer of the police it violates 42 U.S.C. section 1983 bench scientist Sep 2017 #15
D.A. also asked them: dalton99a Sep 2017 #6
Good. nt SunSeeker Sep 2017 #8
Damn... And we can barely get the Feds to give a shit Blue_Tires Sep 2017 #9
I swear... Baconator Sep 2017 #16
Pointing out double standards is "complaining"? Blue_Tires Sep 2017 #18
I was thinking the same thing. Where is this color of law and 4th amendment investigation? yardwork Sep 2017 #17
I'm a white guy but... SkyDaddy7 Sep 2017 #10
Jeff Payne at minimum should loose his badge. sarcasmo Sep 2017 #11
Yeah Bradical79 Sep 2017 #13
Law enforcement out of control. Nitram Sep 2017 #14

hlthe2b

(102,568 posts)
2. a guess, but I should think there were multiple civil rights violations--first with re: the patient
Fri Sep 8, 2017, 04:39 PM
Sep 2017

but conceivably the nurse as well... The other issue may be the perceived requirement to draw blood on a trucker, which would reference Federal interstate (long haul) trucking rules...

 

VermontKevin

(1,473 posts)
3. Possible HIPPA violations, I bet.
Fri Sep 8, 2017, 04:40 PM
Sep 2017

I think this cop was part of a medically-supervised blood draw program. He might be subject to HIPPA.

Cattledog

(5,923 posts)
7. Violation of the 4th Amendment. As ruled by USSC in 2015.
Fri Sep 8, 2017, 04:57 PM
Sep 2017

"The Fourth Amendment permits warrantless breath tests inci-
dent to arrests for drunk driving but not warrantless blood tests."

https://www.supremecourt.gov/opinions/15pdf/14-1468_8n59.pdf

bench scientist

(1,107 posts)
15. If a person cvil rights are violated by an officer of the police it violates 42 U.S.C. section 1983
Sat Sep 9, 2017, 04:52 PM
Sep 2017

which reads:
"Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

Blue_Tires

(55,445 posts)
9. Damn... And we can barely get the Feds to give a shit
Fri Sep 8, 2017, 05:23 PM
Sep 2017

when unarmed black folks minding their business get gunned down in cold blood...

yardwork

(61,801 posts)
17. I was thinking the same thing. Where is this color of law and 4th amendment investigation?
Sat Sep 9, 2017, 07:57 PM
Sep 2017

Seems like citizens are often unlawfully detained by law enforcement and nobody investigates to this degree.

SkyDaddy7

(6,045 posts)
10. I'm a white guy but...
Fri Sep 8, 2017, 06:26 PM
Sep 2017

It never seems like there is this much looking into or investigations of any incident involving African Americans & other minorities when they're mistreated by the police.

I'm very happy that there is at least the appearance of justice taking place & the police possibly being held accountable for this incident but I just wish every American in every situation was treated the same way.

I'm sure it also helps to have an entire medical center/hospital at your back.

 

Bradical79

(4,490 posts)
13. Yeah
Sat Sep 9, 2017, 11:08 AM
Sep 2017

Defenitely should lose his badge. Not fit to be a cop with that behaviour. Probably won't happen unless convicted though. I'm pro-union, but better federal oversight of police is needed, from hiring practices to civil rights violations/racist behaviour. Absolutely needs to be a balance.

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