Hurricane Katrina Survivor Victimized Again: Injuries from Police Required Surgery

US Newswire (Press release) ^ | 12/14/05 | n/a

[kiriath_jearim]

Hurricane Katrina Survivor Victimized Again: Injuries from Police Use of Excessive Force Required Surgery

12/14/2005 8:00:00 AM

NEW ORLEANS, Dec. 14 /U.S. Newswire/ -- A New Orleans woman is recovering from surgery this week from injuries resulting from when she was roughed-up by authorities who forced her to leave her home a week after Hurricane Katrina. Patricia Konie, 58, has filed a Federal lawsuit over the injuries and other violations of civil rights.

"My client was severely injured in a needless removal from her home," stated attorney Ashton O'Dwyer. "Patricia Konie had food, plenty of water, and a roof over her head. The police who illegally entered her home and imposed their will on a frail, middle-aged female should have been out apprehending armed, male looters instead."

Konie was greeting a reporter and photographer from a San Francisco TV station and a journalist from the London Times when police unexpectedly entered her home. When she refused to leave as ordered, they confiscated a firearm used for defense and according to Konie, "slammed" her to the ground, both displacing and fracturing her left shoulder.

After remaining in custody for several hours without charges being filed against her by authorities, she was flown alone to South Carolina where she remained for more than a month before returning to her native New Orleans.

A Federal lawsuit was filed claiming that authorities assaulted and knocked her to the ground when she refused to leave her New Orleans home on September 7th, 2005. Konie also alleges numerous civil rights violations including assault and battery by police in her suit against several Louisiana and California State Police officers who took her into custody. She also alleges authorities violated her Second Amendment right to keep and bear arms.

"Hurricane Katrina was horrible, but there is no excuse for what happened to this nice lady", said O'Dwyer. "Police caused her months of pain and suffering and she still faces months of physical therapy. This suit will hold the individuals responsible for their misdeeds."

Konie had her surgery early on Monday morning, December 12. She is still recovering in the hospital, and lives alone on a limited budget of Social Security benefits. She is devastated by what happened and has not had her seized property returned.

"Sadly, Patricia Konie is only one of many examples of police going too far in the wake of Hurricane Katrina," said O'Dwyer. "Already one court has ruled against their strong-arm tactics, and we look forward to our day in court."

[wideawake]

The question at issue, which the article completely avoids, is whether or not she threatened police with the firearm they confiscated from her.

[GeorgiaDawg32]

We'll sue you for NOT removing us, and we'll sue you FOR removing us..

(shakin head)..

[Semper Paratus]

USCG rescued over 5,000 residents without anybody getting hurt.

[GeorgiaDawg32]

if it was avoided in the article, may I venture a guess??

[YOUGOTIT]

"When she refused to leave as ordered, they confiscated a firearm used for defense and according to Konie, "slammed" her to the ground, both displacing and fracturing her left shoulder."

This is a violation of several amendments of the Constitution. What were they trying to do? Looks as though they had a low IQ and need to be replaced.

[wvobiwan]

Fact of American Life - after any natural disaster the lawyers will come out of the sewer to strip the bodies and get their cut of the recovery money.

Can anyone say 'tort reform'?

[OldFriend]

We saw that on television. The woman posed NO threat whatsoever to the officers.

It was pathetic to watch those guys manhandling this frail woman.

[CoolChange]

I saw the incident on Fox news. The lady did not threaten the police. She told them she had a gun for protection and they took it from her. From what was shown on tv (Fox News), the police did go over the line on this one.

[ARCADIA]

The question at issue, which the article completely avoids, is whether or not she threatened police with the firearm they confiscated from her.

Are they still police when following an unlawful order, or are they merely thugs? The orther services didn't have a problem with this; but, in part that was because they refused to follow the Mayor's order to forcefully remove people without due process.

[MizSterious]

Some of us saw the video of this event. It didn't appear she was threatening anyone, at least on tape, BUT it also didn't seem that she needed to leave. Her house was high and dry, and she was doing just fine. Some of the police bullying that went on in these dry neighborhoods was unconscionable. Some of these, moreover, were wealthy neighborhoods, and police were later seen and caught with items from some of these houses. Not all the looting was done by "the poor."

Even worse was the confiscation of firearms, highly illegal. I believe that is being litigated by the NRA.

[MizSterious]

You're way off base here. Maybe you should get the facts before you jerk your knee. The woman was no threat to anyone, and she was unlawfully forced from her home. She was safe there, except for the roaming thugs who wore badges.

[MizSterious]

What's sad is, this the classic "blood from a turnip" situation. Even if she wins, I wonder if she'll ever see a penny of it.

[ishabibble]

My question is, "Why did they have to?".

People tend to forget that the residents of NOLA had a week's notice that a major hurricane was approaching, and that there were plenty of school buses (later photographed in a flooded lot) available for them to board and evacuate.

I have searched my heart, and cannot find one drop of sympathy for any of those 'rooftop' evacuees. I am totally fed up with 'victims' of stupidity. That includes the entire media who should be ashamed of the way they conducted themselves during this national hatefest.

[libstripper]

If you saw the video that was taken and shown on, I believe, CNN and other stations, she merely displayed the weapon to the police and did not threaten them with it in any way. They brutally assaulted her to take it from her even though she did not threaten them in any way. She should have a very good case.

[Galveston Grl]

The nannie state in action. They injured her worse than did the disaster and they did it for her own good. Just remember children in adult bodies: no one loves you more nor can protect you from your inferior self better than the greatest nannie of all. Vying for second place nannie -CEO's who will deny you an income for your health and improper thought.

[CajunConservative]

Damned if you do and damned if you don't. Next time let her drown.

[MizSterious]

Try looking for the facts before firing next time. She was in NO danger of drowning.

[MizSterious]

She was NOT a "rooftop" refugee. Not all neighborhoods were flooded (although to see most media reports, you might think they were), and hers was dry. There was no good reason for her to leave, except the thugs police ordered her to.

[MizSterious]

And amazingly, the nanny-state gets plenty of support here on Free Republic. See all the posts wondering how dare she not want to leave her house, even though it was safe, even though (before they confiscated her gun) she could protect herself, even though she had enough provisions.

[ARCADIA]

Next time let her drown.

Did you miss the part about her being on dry land in a sound well provisioned home? She wasn't about to drown, nor was she in any danger what-so-ever. The local police were simply following the idiot mayor's unlawful order; an order which was criticized and ignored by other Federal and state forces, an order which was soon rescinded.

[CajunConservative]

They did NOT have a week's notice. It did not become a major storm until two days before it made landfall.


Hurricane Katrina timeline

CBC News Online | Updated September 4, 2005

Aug. 24, 2005
Tropical Depression 12 strengthens into Tropical Storm Katrina over the Central Bahamas, and a hurricane warning is issued for the southeastern Florida coast.

Aug. 25, 2005
Hurricane Katrina strikes Florida between Hallandale Beach and North Miami Beach as a Category 1 hurricane with 130 km/h winds.

Aug. 26, 2005
Katrina weakens over land into a tropical storm, before moving out over the Gulf of Mexico. It grows to a Category 2 hurricane with 160 km/h winds, veering north and west toward Mississippi and Louisiana. 10,000 National Guard troops are dispatched across the Gulf Coast.

Aug. 27, 2005
Eleven people die in Florida. Katrina becomes a Category 3 storm, with 185 km/h winds, and a hurricane warning is issued for Louisiana's southeastern coast, including New Orleans and Lake Pontchartrain, and for the northern Gulf coast. New Orleans Mayor Ray Nagin declares a state of emergency and urges residents in low-lying areas to evacuate. Mississippi Governor Haley Barbour declares a state of emergency. A mandatory evacuation is ordered for Hancock County, 65 kilometres east of New Orleans on the Mississippi Gulf Coast. Coastal Gulf residents jam freeways and gas stations as they rush to escape.

Aug. 28, 2005
Katrina grows into a Category 5 storm with 260 km/h winds, and heads for the northern Gulf coast. Mayor Nagin orders a mandatory evacuation for New Orleans, but 10 shelters are also set up, including the Superdome, for those unable to leave. Evacuation orders are posted all along the Mississippi coast. Alabama Governor Bob Riley declares a state of emergency.

Aug. 29, 2005
Katrina, now a Category 4 hurricane with 230 km/h winds, makes landfall near Buras, La., at 6:10 a.m. CT (7:10 a.m. ET). U.S. President Bush makes emergency disaster declarations for Louisiana and Mississippi, freeing up federal funds. Katrina rips two holes in the Superdome's roof, with some 10,000 people inside. At least eight Gulf Coast refineries shut down or reduce operations. Airports close in New Orleans, Baton Rouge, La., Biloxi, Miss., Mobile, Ala., and Pensacola, Fla. Hundreds of flights are canceled or diverted.

[ishabibble]

My reading comprehension is just fine. This woman was about to get her 15 mins. of fame via a SF news team and a British journalist. The NOPD broke in at that moment (a blonde Darwin moment IMHO) and "evacuated" her. I am certainly not defending the NOLA police (so many don't even exist!), nor am I commenting on this particular woman's lawsuit.

My point is that the wretched in that city elected Ray Nagin, who did not enforce the MANDATORY evacuation order.

[MizSterious]

Do you know that this woman voted for Nagin? A lot of people didn't, just like a lot of people didn't vote for Clinton. Don't tar all of New Orleans with the same brush.

Moreover, you keep missing the part about her being forced from a home she didn't have to leave. Do you really think that is ok? You say you're not defending the NOLA police, yet you seem to condone what they did to her. She was seriously injured, she deserves to have at least her medical bills paid. (Plus, compensation for any goods looted from her house once she was illegally forced out of it.)

[Galveston Grl]

The reaction in support of this woman's rights being violated are folks who are not paying attention to detail.

They are responding on automatic pilot from their outrage at the sight of massive incompetence and stupidity called the New Orleans Katrina disaster.

Some people are so angry at MeMaw and Naggin and their supporters, they will never feel sympathy for anybody from New Orleans - no matter what.

[MizSterious]

I'm seeing a lot of derision for this woman, but I'm betting a lot of these critics would squeal like a stuck pig if they were the ones being forced out of their homes--safe homes, except for the goon squad.

[FreedomPoster]

Yes, if this is the same woman, I concur wholeheartedly.

And if so, to those defending the police, and making comments about lawyers, you need to adjust your thinking, or wear your chains lightly.

[ARCADIA]

My point is that the wretched in that city elected Ray Nagin, who did not enforce the MANDATORY evacuation order.

There is no such thing as a mandatory enforcement order. People cannot be arrested or removed from their homes without due process. The so-called "Mandatory" order is simply a warning that emergency services may not be available to protect/respond to them during the height of the emergency. If you want a mandatory order with teeth, then condemn all or part of New Orleans and own the consequence.

[MizSterious]

And, the media concentrated on the worst of the worst--and many people came away thinking all of New Orleans was just like them.

I don't know how many lawsuits will be coming up because of Katrina, but I'd guess most of them will be frivolous. This one is not one of them, though.

[Old Professer]

Illegal entry?

[ARCADIA]

...but I'm betting a lot of these critics would squeal like a stuck pig if they were the ones being forced out of their homes--safe homes, except for the goon squad.

You give them the benefit of a doubt; it would not surprise me if some of these were outright fascists, who care nothing about lawful behavior so long as their bread gets buttered. The qestion is not whether the woman should sue, but why the FBI and Federal authorities have yet to arrest and prosecute Naggin for gross negligence and outright criminal behavior.

[ishabibble]

I am not condoning or commenting on any aspect of this story, other than the fact that the behavior of the 'victims' in NOLA that I saw on my TV was absolutely sickening.

I also saw brief glimpses of the death and destruction in MS and AL, but that aspect of the story is forgotten now.
It's all NOLA all the time. Now it's time for all taxpayers to throw more good money after bad for NOLA.
I can understand that you love your hometown. I cannot understand why NOLA never fixed it's levee system, why they have the worst schools in the nation, and why anybody has to give them more money because of some sentiment for the "Big Easy". Ray Nagin embodies the spirit of NOLA for me...I've yet to see that 'mayor' wearing a shirt with a collar. Perhaps he has one hanging in the closet of his brand new 'Dallas palace'. This is only my .02 and I am not judging the woman in this article anymore than I am judging you for taking an opposite view.

[planekT]

It is the same woman, for sure.

[B4Ranch]

This is the small eldery, frail looking woman who was tackled by the California police officer shown on Fox News.

She had an old Model 10 S&W revolver in her had. The topstrap and cylinder was in the palm of her hand. Her finger was not on the trigger. She would have had to rotate the weapon 180 degrees to use the weapon in the other hand or change her grip a full 90 degrees in order to fire the weapon.

My initial thoughts when I first saw her was I think she is to small to resist looters. I hope she has a gun.

To the Cal LEO I am sure just the fact that she had a weapon, loaded or not was sufficient reason to body slam this tiny lady to the floor. The fact that she was asking the LEO's to leave her home would be further insult in their eyes.

[planekT]

The video shown on Fox was cut some. There was a longer one shot by a TV news crew from California and it was on their website for a while. You could see a lot more of the Jackboot tactics on that one.

The LEO who slammed Patricia Konie was CA Highway Patrol.

[B4Ranch]

He outweighed that little gal by at least 5 to 1.

[B4Ranch]

I presume you are referring to >The police who illegally entered her home ....<

Yes, that was an illegal entry. Unless an officer witnesses a crime through an open door (Even then there is restrictions on the type of crime which permits entry.) or is pursuing someone they are not allowed to enter a private home without permission.

[vrwc0915]

All it takes for evil to triumph is for good men to stand by and do nothing, All those there for this "arrest" who were sworn personnel were either domestic enemies of the constitution or failed to uphold their oath of office.

[beaver fever]

We'll sue you for NOT removing us, and we'll sue you FOR removing us.

You forgot. "We will sue for not showing up to remove us or not remove us."

[vrwc0915]

btt

[Mulder]

ping

[Travis McGee]

"We're from the government, and we're here to help, dammit!"

[vrwc0915]

Pathetic! One day CHP or fill in the blank will encounter some that have fought and will fight for the constitution, I don't know about your former shipmates but about 90% of mine are openly saying that they don't plan on rolling over as the constitution continues to be used as toilet paper and are disgusted with the current state of affairs 80 year olds are one thing but a pissed off Marine rifle squad is a little tougher nut to crack

[Travis McGee]

It's going to get very interesting if unseen threats (possible radiation, anthrax etc) cause the govt to call for cities to be evacuated. Many will refuse the order. What then?

And those who do comply, will reach checkpoints or transition areas where their guns will be taken away.
What then?

[freepatriot32]

wideawake you can see the video for yourself here and ishabibble as you can see on the end of the video there was not one drop of water in her neighborhood as they are leading her out to the paddy wagon they are walking across bone dry ground she was not a "rooftop refugee"

video of Patricia Konie being forcibly removed from her home illegally by cops that did not have a warrant to even be in her house

4th amendment to the united states constitution(last I checked new orleans was a part of the usa)

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.

another question that comes to mind is why after al l this time even if they thought they were justified in taking her gun from her for her own safety have they not given it back yet?

all those that are applauding the cops for violating constitutional rights as well as state and federal law maybe you should all get together and start your own forum called enslaved statist.com because you cant be happy on FREE republic.com and you must all be absolutely miserable living in one

[freepatriot32]

Libertarian ping.To be added or removed from my ping list freepmail me or post a message here

[vrwc0915]

bounding overwatch convoy comes to mind :)

Best plan is to avoid contact

[B4Ranch]

I am waiting for you to answer ARCADIA'S post to you. I hope you will.

[B4Ranch]

That's when THE SWHTFan.

[ishabibble]

I just went back and reviewed my comments on this subject.
I stand by the fact that I did not comment at all on the particular subject of the article, a woman who didn't need to be rescued and the NOLA cops who mugged her for the cameras. My only observation at this point, after reading the posts that followed mine, is that it's just a shame that it wasn't the nonexistent members of NOPD who showed up to "rescue" her!

My comments pertain only to the disgraceful behaviour of the city and those people who remained even after they were repeatedly warned to evacuate. I stand corrected on the use of the term, 'mandatory evacuation'. NOLA has always been a "problem child" for the U.S. and throwing good money after bad is not going to help anyone. We were absolutely disgraced on the world stage by those people, and that is what I am trying to convey here. Slow response time from FEMA? These hurricanes hit Cuba too, so how was Fidel's response time?

Bottom line...the levees broke after a major hurricane and flooded NOLA, as had been predicted for over a hundred yrs.
Blanco, and especially Nagin belong in jail. The good people of NOLA are far more hurt by this than the screeching money grabbers and looters I saw on my TV. I know this because my own home flooded during the Christmas season 2003. All the ready cash I had went to pay for a hotel (the stench was unbearable) and to the Mexican workers who helped me load everything I owned into a dumpster. Custom drapes, furniture, clothing, photos, etc...in brief, everything I owned and loved. I know only too well what is in store for the people who will go back and try to pick up the pieces. I just wonder that nobody seems to remember that good and decent people in AL and MS have it just as bad, but are largely forgotten. Thank you for your attention to my "mandatory explanation".