Legal Question in Civil Rights Law in Ohio

Alright, here's the story. A 26 year old friend of mine in Columbiana County Ohio is suffering from paranoia and was having suicidal tendencies. Her mother was worried about her and called the police to escort her to the hospital. After asking her several times and her refusing, they 'pink slipped' her, which means that they can use force to escort you to the hospital on account of you being a danger to yourself and others. They used excessive force in order to get her into the ambulance. They threw her down on to the couch and handcuffed her behind her back. They forced her down (onto her handcuffed hands) on her back on a stretcher and a heavy set women sat on her as they restrained her and refused to move until my friend stopped struggling. Now would be a good time to remember that my friends arms are stuck behind her back with metal cuffs while being strapped down and sat on. MY friend was then moved into the ambulance where she proceeded to spit on one of the officers.She was in pain due to the cuffs and attempted to wriggle from the restraints only for one of the female EMT's to grab her hair in order to force her head back down. They put a net on her to prevent her from spitting, but they didn't secure it properly so it fell off and my friend bit them. She rode like that on the stretcher until she arrived at the hospital. After being released, my friend received papers telling her that she was being charged with a 4th degree felony charge of assault. My friend was being transported for mental problems and was not in her right mind. They are claiming that she knowingly attacked them, but she was being transported to a mental hospital for pete's sake! What I want to know is if she can get out of the charges and if she can counter sue them for misconduct in their treatment of her with sitting on her, the handcuffs, and the hair pulling. Plus one of them told my friend as they attempted to get her into the ambulance that it was father's day, they had families at home and didn't have time for her ****. We have witnesses of their treatment of her, do you think we can make a good case..?


Asked on 7/18/12, 8:27 am

1 Answer from Attorneys
John Sauter Cloppert, Latanick, Sauter & Washburn

No. Police officers and EMTs enjoy a general immunity based upon their actions, so long as their conduct does not rise to the level of willful or wanton misconduct. At best this is a he-said, she-said situation. You and your friends will say the police and EMTs were too rough, they will say they took the necessary precautions based upon a person who was unruly and violent. Who do you think a judge or a jury would believe? The best course for your friend might be to plead not guilty by reason of insanity to her charges based upon her precarious mental condition at the time of her detention.

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Answered on 7/19/12, 9:20 pm


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