Police settle excessive force suit with 71-year-old (blind) woman

KATU NEWS ^ | April 23, 2004 | The Associated Press

[Veracious Poet]

PORTLAND, Ore. - The city of Portland has agreed to pay $145,000 to an elderly blind woman after police pepper-sprayed and shocked her with a stun gun.

The altercation began as an attempt to remove shrubs and appliances from 71-year-old Eunice Crowder's yard, and ended with police citing her for harassment and disobeying an order.

This week, the city agreed to settle her excessive force lawsuit out of federal court, a month after a Multnomah County Circuit Court judge dismissed the violations against her.

"This case goes to show that police misconduct and excessive force can happen to anybody outside the mainstream," said Ernest Warren Jr., Crowder's lawyer. "It does not have to be an African American; it can be someone who is elderly and white."

The Portland City Council approved the settlement, based on a review by the city's risk management division that indicated "there is risk the City may be found liable."

The June 9, 2003, incident began when Ed Marihart, a city employee, showed up at Crowder's home. He served her with an administrative search warrant to remove an accumulation of trash and debris.

According to Crowder and her lawyer, the woman told him she was blind and hard of hearing, and asked him to read the entire warrant to her, but he refused. She said he placed it in her hands, walked outside and ordered others to start removing items from her yard.

The city denies that the woman asked Marihart to read the warrant and maintains that Marihart explained to her why he was there.

The woman followed the city employee outside. She was concerned that he and his co-workers had removed a family heirloom, a 90-year-old red toy wagon with rhododendrons in it. She asked to enter a trailer, where items from her yard were being placed, to feel around for the wagon.

Marihart told her she couldn't enter the trailer and said the wagon was not inside. He then called police.

When Portland Officers Robert Miller and Eric Zajac arrived at the house, Crowder acknowledged she had one foot on the curb and one foot on the bumper of the trailer. She felt someone step on her foot and asked, "Who are you?"

Moments later, she felt someone strike her in the head, which dislodged her prosthetic right eye from its socket, and was knocked to the ground, she claimed in her lawsuit.

Officers said Crowder ignored their commands not to climb into the trailer and tried to bite Miller's hand.

They acknowledged she was "pushed onto the dirt next to the sidewalk," according to the city's legal brief filed in court.

While on the ground, Crowder asked the officer what he thought he was doing and kicked Miller. She said the officer kicked her back, then pepper-sprayed her in her eyes.

"While she's still on the ground, on her stomach, they tased her in the back and in the breast," her lawyer said.

Police said they pepper-sprayed Crowder after she refused to stop kicking them. They admit that Crowder's prosthetic eye fell out at some point, and that Zajac stunned Crowder with a Taser, an electric stun gun, twice in the lower back and once in the upper back after ordering her to stop fighting and resisting.

Warren said the city's argument is bogus. He said, "To kick the crap out of old folks seems a little bit much to me in the name of law enforcement,"

[Veracious Poet]

Makes you wonder if there are any good cops out there, doesn't it?

[Republicus2001]

what this story doesn't tell you is that she is a (gasp, shock and awe) a SMOKER!!! This same woman once served her family a dead bird for Christmas dinner. WHERE'S THE OUTRAGE?

[camle]

145K for this? they got off easy.

[Hodar]

I question the whole event.

First off, for $100,000 you can hit me, push me in the dirt and taser me twice. That's a heck of a deal in my book.

Secondly, there is no mention made with regard to the officers that did this. I would think that armed assault charges should be brought forward, and they can spend some 'quality' time behind bars for felony assault.

There is no excuse for this behavior; nor for the follow-up.

[Veracious Poet]

When Portland Officers Robert Miller and Eric Zajac arrived at the house, Crowder acknowledged she had one foot on the curb and one foot on the bumper of the trailer. She felt someone step on her foot and asked, "Who are you?"

Moments later, she felt someone strike her in the head, which dislodged her prosthetic right eye from its socket, and was knocked to the ground, she claimed in her lawsuit.

Is this the best method these two jackbooted thugs could come up with to deal with a blind, elderly widow?

They better thank their lucky stars she wasn't a relative of mine!

[Veracious Poet]

The City of Portland settled out of court...if it had went to trial she probably would have gotten millions.

Remember that women that got burnt by hot coffee in a McDonald's getting $2 million?

[FourtySeven]

While it's pretty pathetic for anyone to beat up on an old lady, I wouldn't be suprised if she was somewhat to blame. In these kind of "shocking" events, there are always two sides to the story. It's just that since she's an old lady, we naturally think, "What could she have possibly done?" She very well could have been biting and kicking, as the cops alledge.

Does that mean she should've been pepper sprayed and tasered? No, of course not. I mean, how hard can it be for a couple of young cops to subdue an elderly woman? I don't think they needed taser guns and pepper spray to take her down.

Again though, I'll bet the woman didn't do herself any favors.

Just another example of everyone involved acting like an idiot.

[Veracious Poet]

"WHERE'S THE OUTRAGE?"

Don't worry, I'm sure some facist authoritarian will come along in a sec and tell us she deserved what she got and is a commie-pig for suing the city!

[Arkie2]

See post #7

[motzman]

Don't worry, I'm sure some facist authoritarian will come along in a sec and tell us she deserved what she got and is a commie-pig for suing the city!

Ironically, the poster just before you pretty much did that...

[Modernman]

Just another example of everyone involved acting like an idiot.

I think you're probably right. The woman may have been out of line, but you have to wonder about the judgment of these cops. If I was their boss, I'd be looking into whether they're cut out to be cops if this is how they respond to an unruly old broad. I'm willing to bet they were gung-ho rookies.

[Hodar]

Remember that women that got burnt by hot coffee in a McDonald's getting $2 million?

McDonald's appealed that decision.

The trial court subsequently reduced the punitive award to $480,000 -- or three times compensatory damages -- even though the judge called McDonalds' conduct reckless, callous and willful.

No one will ever know the final ending to this case.

The parties eventually entered into a secret settlement which has never been revealed to the public, despite the fact that this was a public case, litigated in public and subjected to extensive media reporting. Such secret settlements, after public trials, should not be condoned. Source

From my point of view, the coffee was handed from a McDonalds employee to the woman's grandson. He then handed the coffee to her. McDonald's is now twice removed from the accident. The Grandson then accelerated quickly, causing the coffee to spill. McDonalds has absolutely NO WAY to control the driving habits of it's customers. I find it amazing that this trivial accident even made it to trial; let alone resulted in someone winning the 'legal lottery'.

[Veracious Poet]

Did you notice the first-blow was thrown by the cops and that it resulted in knocking a prosthetic from the socket?

SHEESH

I don't know about you, but I could subdue ANY 71 year old women I've ever met in a matter of a few seconds without resorting to physical violence?

"She very well could have been biting and kicking, as the cops alledge."

Oh yeah, what was she thinking of striking the King's overlords as they carted away her property and struck her on the head? Did she think she had a right to defend herself?</sarcasm>

[GladesGuru]

Sorry to disagree, but from the first description of the "event" conservatives should have known this is the result of too much regulation, enforced by too many of the "armed and dangerous".

Given the age and blindness of the victim, there can be no reason for "Ossifer Friendly" to have dealt with this elderly woman in such a manner. If two much younger cops can't deal with such a blind, aged, female I suggest that the city needs to fire these wusses.

Consider what could happen if they actually had to arrrest a young male. They would probably would have to resort to shooting - and if they can't shoot any better than they arm wrestle little old ladies, they would have to reload a time or two.

Assuming that the arrestee didn't take their guns away and handcuff them together. In a compromising position. Nude, too. Oh, I forgot to mention - with their own handcuffs.

Even the campus cops at Suntan U could do better than these clowns.

[Onelifetogive]

Don't worry, I'm sure some facist authoritarian will come along in a sec and tell us she deserved what she got and is a commie-pig for suing the city!

Not at all. After age 70, everyone is allowed to kick and bite police officers all they want. It's in the Constitution, I think...

[Onelifetogive]

how hard can it be for a couple of young cops to subdue an elderly woman?

Not hard at all. Now, what's hard is to "subdue" a violent "elderly woman" without leaving any marks on her. Sometimes you can't even help an elderly woman out a chair without leaving a mark...

[Veracious Poet]

I suppose you would have inflicted "The Final Solution" on this dangerous felon, regardless of the fact she was elderly, blind, hard of hearing and widowed.

She had it coming, even though the Gestapo through the first blows, right Her Kapitan?

[thefactor]

yes you are right. the thousands of good cops who protect people like you and your family day in and day out should all have their images besmirched because the only cops you hear about from the media are bad. i fear you have fallen prey to the media we here at FR blast every day for only telling one side of the story.

i wonder what would have happened if you had come across an uplifting story about police heroism. would your first post have read, "Makes you wonder if there are any BAD cops out there, doesn't it?"

my guess would be that you woulnd't have even bothered to post the story.

[momfirst]

I agree - they had her on the news a few weeks back when this story first broke. For one thing, she's not a little frail old lady, quite the contrary, she's a rather large woman that happened to get around just fine without one of those white canes.

There is more to the story than just police brutality. While I don't think they had to use the taser multiple times, I wasn't there and don't know if she continued to attack the police after they attempted to subdue her.

Like you, I think everyone involved had a little lacking in common sense.