Posted on 09/28/2006 5:38:17 PM PDT by Cagey
CENTRAL ISLIP, N.Y. -- A federal judge said a limousine driver who had a stroke at the wheel can sue for false arrest.
The judge has refused to dismiss the lawsuit against Nassau County, N.Y.
The man was pulled over for driving erratically on the Long Island Expressway. According to the lawsuit, he told the officers that "he did not feel well and was unable to control his movements."
The suit said he was arrested on a DWI charge even though a field sobriety test for alcohol was negative. The man said he was taken to police headquarters and handcuffed to a bench for about two hours before more alcohol and drugs test were administered.
None of the tests showed signs of alcohol or drugs and the charge was ultimately dropped. The suit said the man was later taken to a hospital, where he was diagnosed as having a stroke.
they should have taken him to the hospital after the first tests were negative, or let him go.
1.) Ask them to smile.
2.) Ask them to raise both hands above their heads. (Cops can do this from sheer instinct.)
3.) Ask them to repeat a simple sentence.
If the person can't do these things an immediate trip to the ER is in order. If treated within 3 hours of occurence most stroke victims recover almost completely.
L
DWI isn't limited to alcohol, so it doesn't follow that being negative for alcohol gets you off the hook.
I don't know anything about how these sort of things work, but are there any Legal Eagles out there who can explain it?
Ok using that logic. They can get their ass sued to hell for this.
If suspected something else they should have gotten the testing done in a hospital and not have this man handcuffed for a couple hours while he was suffering a stroke.
He should sue them for more than false arrest in my opinion.
Before you all reply, let me ask you, if you were having a stroke while driving would you even know it or be able to explain that to the nice officer that is about to handcuff you to a bench for a couple hours.
The thought is absurd. False arrest will be the least of theses guys problems if it is true he suffered a stroke before or during his false arrest.
The chances of any Legal Eagles seeing your post are slim. The mod on duty felt this is a local story and moved it to the basement. Federal cases are now local news.
Ahhh, too bad ... as I'm generally interested in how an incident which (assumingly) occurred in Nassau is being tried in Suffolk county, and what specifications would make this a "federal" case
However, I like the trend of your thinking---every example of bad driving should be treated as a DWI.
On the other hand, it is horrible to think that cops, who are authoritarian black-white by nature, should not have any human sympathy for an honest person who is having a medical problem.
Sheesh
I have worked on a lot of Section 1983 cases; this one seems to have a pretty good foundation...unfotunately. I never did like taxpayers suing other taxpayers. It is usually some cop that is a moron or improperly trained but the taxpayers have to foot the bill.
Part of the suit should involve watching a nurse aide take care of a stroke patient. It's NOT pretty sometimes.
Exactly. And thanks for posting it. This is something everyone needs to know. It may help save a loved one someday. Time is crucial.
"Driving Under the Influence" refers to drugs, including but not limited to alcohol, in every state I'm aware of. So being negative for alcohol does NOT de facto get you out of a DUI charge.
However, I like the trend of your thinking---every example of bad driving should be treated as a DWI.
The trend of my thinking is that every person who shows signs of not being mentally alert while driving and gives a presentation of being under the influence of a drug should be treated accordingly.
On the other hand, it is horrible to think that cops, who are authoritarian black-white by nature, should not have any human sympathy for an honest person who is having a medical problem.
You should perhaps spend a week patrolling with the police. 95% of what they hear are lies. A person suffering from the onset of a stroke is unfortunately very similar symptomatically to a person under the influence. Are you suggesting that all DUI suspects should be immediately sent to the ER for an MRI?
Sheesh
Ditto
People that are suffering from strokes absolutely know that something is wrong when it has progressed this far. But it is difficult for even the medically trained to make the diagnosis on a stranger without information to put everything in context. There is no doubt that this man needed immediate medical treatment, but the diagnosis of a an onsetting stroke is difficult in a person you haven't met before and hard to differentiate from the effects of drugs/alcohol.
If the police bring every person they arrest that has less than stellar mental facility to the ER for an MRI, they will need to build larger hospitals, and the lines will still be a mile long.
In any event, this man would have likely waited for more than two hours at an average ER, unless he presented with a friend/relative or could make a convincing case himself that he had suffered a significant mental statis change without the help of drugs. I've seen very early diagnosis of strokes, but this was always the result of very high functioning people who pressed the issue of a very minor (undetectable to other observers) lack of accumen with an intelligent emergency trained physician. For this man to be driving erratically, he was already past onset, and had a fairly good bleed. Unfortunately most people do not seek medically treatment until they are past this point.
Walk around a city at 2am and a very high proportion of the people you meet will have identical symptoms to someone suffering a mild stroke.
This was unfortunate, needs to be investigated, and perhaps some additional training provided. But I don't see any monsters here.
I agree that those mentally not alert should be stopped. This applies to all cell-phone talkers, who are not mentally alert to their driving.
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