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A mother in Vermont decided to impart a lesson to her 14-year-old son who brought home stolen electronic cigarettes from a gas station. She sought help from the police to address the issue.
In May 2021, a mother filed a lawsuit against the Burlington police, claiming that they used excessive force and discriminated against her unarmed Black son with behavioral and intellectual disabilities during an incident that evening.
According to a civil lawsuit filed on Tuesday and police body-camera video shared with The Associated Press by the American Civil Liberties Union of Vermont, after he refused to give up the remaining stolen e-cigarettes, two officers used physical force to make him do so. Cathy Austrian’s son was then handcuffed and restrained on the ground while he yelled and resisted.
The teenager was ultimately given a sedative, ketamine, through an injection before being transported to a hospital, as stated in the lawsuit and shown in the video.
According to the statement given by the ACLU of Vermont, which is representing her case, Austrian expressed that the police acted with unnecessary violence and force towards her son. She believes that they should have followed proper procedures and used methods that promote safety and support.
Advocates point out that the recent incident highlights the importance of providing adequate training for police when interacting with individuals who have disabilities or mental health issues. It also brings into question whether police are the most suitable responders in these types of situations. In response to this concern, more communities in the United States are opting to have mental health professionals and emergency medical personnel, rather than law enforcement, address nonviolent mental health emergencies.
According to the lawsuit, the Burlington police had previously been to the residence and were familiar with the teenager’s disabilities. The child, who had developmental and intellectual disabilities similar to his biological mother, had been under the care of Austrian since he was 5 months old and was officially adopted at the age of 2.
The practice of the Associated Press is to not reveal the identities of underage individuals involved in criminal cases, whether as suspects or witnesses.
The body-camera footage captures two officers conversing calmly with the teenager, who is seated on a bed. The teen’s mother instructs him to comply as she searches through drawers and discovers most of the remaining e-cigarettes. She attempts to retrieve the last one from him.
The officials have stated that if he hands over the e-cigarettes, they will leave without pressing charges. However, the individual does not react. Approximately 10 minutes later, the officials take action and forcefully remove the remaining e-cigarettes from his grasp by pulling his arms behind his back and pinning him against the bed.
Initially, according to Adante Pointer, a lawyer specializing in civil rights in the San Francisco Bay area, the officers were acting in an appropriate manner by discussing potential outcomes and attempting to build a relationship.
Pointer, who has no involvement in the case but has viewed the video, stated that the pivotal moment in this series of events was when the officers made the decision to physically engage.
“There wasn’t any urgency here, there wasn’t any emergency where they had to force physical confrontation,” said Pointer, who noted the teen was contained in a room with his mother and wasn’t a violent felon trying to flee.
The legal action aims to obtain compensation for the harm caused to the city and the teenager. It also requests that the city take steps to provide necessary support for individuals with disabilities in police encounters, such as providing training for officers and adjusting policies on the use of ketamine.
The administration of ketamine has been called into question. In Colorado, two emergency medical technicians were found guilty at the end of last year for administering an excessive amount of the sedative to 23-year-old Elijah McClain, a Black man who had been placed in a chokehold by police and ultimately passed away.
A spokesperson for the city of Burlington stated that an investigation was conducted and it was determined that the actions of the officers and fire department EMTs were in compliance with city policy, state laws, and regulations.
Samantha Sheehan stated on Wednesday that we are prepared to strongly and effectively refute the accusations.
Following the investigation, Mayor Miro Weinberger has instructed the Burlington Fire Department to reassess their use of ketamine, according to an email from Sheehan. The state has since updated their protocols to mandate doctor approval for sedating combative patients, which was not previously required. However, the responding paramedics did obtain a doctor’s permission at the time, as stated by Sheehan. The Police Commission is currently reviewing a directive on how to handle individuals with diminished capacities and is anticipated to revise it.
When the pair of officers arrived to converse with the adolescent, Austrian informed them that her child was behaving unpredictably and had a difficult week. She mentioned that he had undergone an MRI for his heart during that week and his medication for ADHD had been raised the week prior. According to her, he left the house with a hammer and scissors and returned with a bag containing several e-cigarettes that he confessed to stealing from a Cumberland Farms convenience store. She stated that he gave her half of them but refused to relinquish the remaining ones.
According to their official reports, the officers reported that the teenager attempted to physically attack them after they obtained the last stolen item. The lawsuit claims that the teenager instinctively got up from the bed and aimlessly swung his arms at the officers.
According to the lawsuit, this reaction is commonly seen in individuals with his disability and traumatic past who are subjected to unnecessary physical restraints and limited personal space.
The police restrained him with handcuffs and then pushed him onto the ground on his stomach. The teenager struggled, yelled and used profanity. The officers instructed him to stop spitting, and when paramedics arrived (as called by the police), they covered his head with a spit hood.
According to the ACLU, the individual was given a dose of ketamine by the authorities, who claimed that their state of distress was due to “excited delirium.” However, the medical community does not recognize this term.
According to the lawsuit, he was transported from the house on a stretcher while unconscious and remained in the hospital overnight.
According to Pointer, the lawyer, when his mother contacted the authorities, she was seeking assistance in guiding him towards making the correct choice.
“Pointer stated that rather than receiving assistance, the child was subjected to violence. The child was restrained, handled roughly, had a bag placed over their head, and given a potent and potentially fatal sedative. The mother is now left to deal with the aftermath.”
Source: independent.co.uk
