Wednesday, July 22, 2009
Creek Nation Paramedic Maurice White Jr. sues OHP Trooper Daniel Martin over traffic stop. Claims unreasonable force.
Click here and then scroll down for the latest fire and EMS news from STATter911.com
Previous STATter911.com coverage: Trooper's lawyer says medic is danger to the community; Dash cam video released; Fox News interviews EMS crew & Trooper Martin; Trooper on administrative leave; No charges filed by DA; EMT-B Paul Franks speaks out; Read statements from Toopers Martin & Iker; Troopers identified; Statements from witnesses and the patient; Reaction from police officers; Statements from EMS crew.
It had been quiet out of Oklahoma in recent weeks. In fact it has been exactly a month since we brought you the latest update over the videotaped confrontation between a trooper and a paramedic.
That has now changed following yesterday's filing of a federal lawsuit against Oklahoma Highway Patrol Trooper Daniel Martin by Creek Nation Paramedic Maurice White Jr.
Here are excerpts from an article by Ron Jackson at NewsOK.com:
Maurice White, Jr. claims his civil rights were violated by trooper Daniel Martin, whose actions remain under review by the Oklahoma Highway Patrol. Martin, 37, stopped White's ambulance on U.S. 62. He said the driver, Paul Franks, made an obscene gesture when the trooper tried to pass with his lights and sirens on.
The lawsuit alleges, "Martin had no right or reason to arrest Mr. White who was discharging his fiduciary obligation to his patient, who had committed no crime and who had offered to submit to arrest at the hospital."
The lawsuit further claims, "Martin used unreasonable force in his seizing of Mr. White" by "throttling him by the neck with his hand." The court document also describes Martin's actions as "deliberate, reckless, wanton and/or cruel ..."
"Based on my understanding of federal civil law, Mr. White does not have a valid claim," said Gary James, Martin's attorney. "But I'm ready and willing to begin deposing Mr. White to see about his past."
White is seeking in excess of $10,000 for both compensatory and punitive damages.
"Mr. White does not think the state will take responsibility for the actions of trooper Martin, and will thus take matters into his own hands," said Richard O'Carroll, White's attorney. "Mr. White therefore asked that we conduct an aggressive discovery into the past behavior of trooper Martin ... and find out how he ended up an employee of the state.
"We've waited long enough."
This ought to be good tv. Lawyer is obviously not interested in truth or justice, just discrediting Mr White. Typical. It doesnt matter about Mr Whites past, the question is how a person with a Napolian complex got into the State Patrol..and has he done this before with out the patrol taking action. OSP has missed the boat on this. They were laying low hoping it would blow over...not a chance.
Watching the videos, one can see that the ambulance could not immediately pull completely off the highway because a car in front of the ambulance had slowed in front of the ambulance- I have had that happen many times when driving my ambulance- oddly, more often when I did not have lights and siren activated- only my headlights on.
It appears the trooper's car approached the rear of the ambulance at a high rate of closure allowing the driver little time to react, especially with patient care going on in the back of the ambulance.
Was there a policy that "civilians" (the trooper's wife alleged to also be in the police car) that prohibits emergency responses while such civilians are in the vehicle (liability issues?)
Even if the "gesture" claimed by the trooper was real, most uniformed personnel are trained to "shrug off" such actions as "part of the job" and not overreact!
Who overreacted here? Cause and effect seems to be at play here.
With the trooper still on "leave", there appears to be some hesitation on the behalf of officials to come to a final determination of this issue.
The old local joke here with LEOs.....write me and I`ll remember it the next time you lay on the ground shot....(yes it`s sick, but it`s the joke both sides here laugh at LEO`s & EMS )
As I stated before, Mr White, I`d partner with you any day.
If you don't think this is painful just take your thumb and barely push on the side of your trachea then look at the amount of force the officer was using.
That is a killing move in some military and martial training, not only can it kill, it can be used to control a larger person but if misused can cause death by suffocation from collapsing the trachea or permanent damage to the trachea by excessive force. It shouldn't have even came down to anyone having to use force. Period.
Martin should have taken care of business AT the hospital after the patient was safely delivered in a calm professional manner. The EMT offered the most obvious, responsible solution, if Martin had of listened he wouldn't be getting his name smeared all over the media.
Actually this shouldn't have even been an issue to begin with, both officers and EMS personnel have stressful jobs, I'm thankful for both, it's too bad things get to this point...why push your problems onto someone else?
State law here states that anytime there is a patient on board or on scene the Paramedic has complete control of the scene this includes LEO's for the greater care of the patients.
I have exercised this privilege of the EMT-P's many times... NEVER have I had a Trooper react like this or even be upset, as we are all professionals doing our own distinct jobs....
As for the Trooper he was way out of line and did this in total disregard of the state law....
If it this was my Ambulance I would have not pulled over until I reached the hospital, But then again this Trooper with obvious anger issues probably would have tried to pit the ambulance....
As for all Trooper in this state there are good ones and bad ones.... just like an any other profession....
But to be fair LEO are not trained anymore to respect the people they are supposed to be protecting....
I know LEO that have 35+ years working in law enforcement and they have never pulled their guns....
It is not that people are any more violent or worse today then they we a hundred years ago.... Law enforcement are not trained to talk or defuse situations anymore they are trained to violently take control of a situation no matter what, the people being controlled by the police officers are expected to shut-up and take the verbal abuse and not say a word... If you do they will pepper spray you, or now they will tasser you.... It is sad, that law enforcement officers are not respected at all by your average citizens, they use the same hard line approach as say the SS of Hitler or the Gestapo...
They some how assume they are above the law.... and they forget that they are bound by the same constitution that binds us all...
Please do not think I am anti- LEO in any way but I blame this on poor training and poor recruitment techniques...
Not only should Trooper Martin be fired, but his immediately supervisor should be fired as well.
We should all get together and send money to the Governors opponent in the next election if he allows the Chief to reward Trooper Martin by his inaction.
Martin is the instigator in this whole confrontation.
http://www.youtube.com/watch?v=wo90S5lNV7w
Had the ambiulance "manager" not jumped out saying "IM THE BOSS HERE" and let the driver get his well deserved butt chewing for the gesture, the driver would have learned his lesson and that be the end of it.
Thanks for the forum
WHY WAS THIS TROOPERS WIFE IN THE CAR? Is this even legal?
and last but not least...unreasonable use of force..something that it's on your record...
I hope being of the force it will make you realize what you've done not just to yourself but to our department.
I would never stop an ambulance that was enroute to take a person to the hospital no matter what. I would however follow them to the hospital and talk with the driver about the situation or my concerns.
As for the choke hold.....wow that is so old school and is clear that there is outdated training at the OK state patrol academy. Everyone now uses either a Mark or PPCT to train with. As for the officer being suspended with pay...this is common for the investigation period. Afterward he may very well lose his career because of a poor decision on his part. I just hope that the patient made it to the hospital in time and is ok. NEVER STOP AN AMBULANCE ON THE WAY TO THE HOSPITAL!!!!!
Everyone please google it to understand these personality traits. You will see, that it matches some difficult personalites you already know.
These people should be removed from law enforcement jobs.
They are controlling disordered personalities, with an instant gratification rush from abusing people and getting away with it.
Mainly for reasons that make no sense, and just because they can, uniform or no uniform.
The trooper shows definite symptoms, based on his actions and attitude and is a threat to society.
He must be removed from patrol and the gun and badge must be taken away. Immediately!
Sign me...8YearMedic.
Sorry, no. This is not a situation in which "both parties" are responsible. Beware such slippery "logic" of equivocation. Perpetrators of genocide use this line to cover their crimes. "It's not genocide, it's a civil war (it just so happens that we have all the guns), and atrocities are happening ON BOTH SIDES! So, magically, NOBODY's to blame! (except US!)"
Some people are determined to see only what they want to see, even when it's all caught on camera. This is a clear case of a cop who is blind-raging drunk with his own authority.
Why do you think he keeps snapping "you're going to jail!" Is that procedure? No, he just gets off on saying it to people. It's the same thrill rapists get from describing to their victims what they're going to do to them. It's all about power. The god-like status of cops has persisted for decades in this country, at least in the South, and only a fundamental change will rid us of it.
2 wolves and 1 sheep voting on lunch
no-no and trying to arrest a driver while transporting a p't that is just IGNORANCE. and as for the lady in the back SHE SHOULD HAVE THE IDIOT OHP'S BADGE FOR THAT and not only should she take his badge but file charges and get a settelment herself. and that sorry OHP should never be allowed to work a public service job again.
And didnt he say he was on a call to assist a county? then why in the heck was he chasing the ambulance?
JUST ANOTHER CASE OF A DWEEB THAT WAS KICKED AROUND IN SCHOOL AND NOW HE HAS A "I AM GOD COMPLEX"..
And as for the so called buddy that said he served with him in the military do you really think that just because you said "he is not like that as a person"and "you should get to know him before you judge him" is going to make it ok to act like that?
As far as you saying that you are NO BETTER THAN HIM!
BECAUSE ALL IDIOT'S RUN IN PACKS
(and im not scared to give my name it is not and it isnt ANONYMOUS)
They fall into one of 2 categories:
a) want to be a Marine
b) used to be a Marine
The part where Super Trooper opens the ambulance door and tells the lady they'll get her to the hospital shortly actually made me laugh. Uh, genius, if you would have just followed the bus to the hospital you could have had your power trip there.
I surely hope trooper a** clown never needs help from the EMT.
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