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7th Circuit affirms judgment for officers in diabetic man’s case

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The 7th Circuit Court of Appeals affirmed summary judgment in favor of the City of East Chicago and police officers on an estate’s excessive force and other claims, finding the officers had reasonable suspicion that a diabetic man who was having a hypoglycemic episode was possibly intoxicated.

The estate of Jerome Clement sued the City of East Chicago, its police department and the chief of police for wrongful arrest, excessive force, failure to train police officers, and condoning the use of excessive force. Clement was a diabetic and had an episode in August 2006 while driving, in which he ended up incoherent and unresponsive in a parking lot. Police called to the scene thought he was intoxicated, as he had bloodshot eyes and they smelled alcohol in the car.

Clement did not respond to commands and gave incoherent responses, so police used mace and batons to subdue him and put him in handcuffs. While trying to handcuff Clement, he began to flail and hit his head against the payment. Police later called an ambulance after seeing blood on his face. The paramedic found his blood sugar to be low and Clement was taken to the hospital. He died of natural causes two weeks later.

During the incident, Clement wasn’t wearing a medical identification necklace or bracelet, and police didn’t check his pockets to see that he had a card noting that he was a diabetic.

The District Court granted summary judgment in favor of the defendants on the federal claims and remanded the state claims to state court.

In William Padula, administrator of the estate of Jerome Clement v. Timothy Leimbach, et al., No. 10-3395, the 7th Circuit panel, noting that they respectfully recognize the tragic circumstances surrounding Clement’s death, affirmed summary judgment. They found the District Court correctly concluded that the officers had probable cause to arrest Clement because they had probable cause to believe he had driven while intoxicated. The police dispatcher indicated that Clement was intoxicated and some of the officers smelled alcohol in his car. Clement had bloodshot eyes and didn’t comply with requests to get out of his car. These are similar characteristics to that of someone who is intoxicated, wrote Judge Joel Flaum. The judges also noted that Clement wasn’t wearing a medical identification necklace or bracelet that would have alerted the officers that he was diabetic.

Also, officers didn’t call an ambulance because they suspected Clement of having a medical episode, as William Padula contended, but did so because of the blood on Clement’s face.

The District Court was also correct to conclude that the officers’ use of force wasn’t excessive. There’s no evidence that police threw Clement to the ground, or used more force than necessary to control the situation and handcuff Clement. And while Padula pointed to Clement’s death, presumably as evidence of the excessive force, the coroner’s report stated Clement died of natural causes, wrote the judge.

Padula’s claims for failure to adequately train the officers and for condoning and ratifying excessive force fail because the underlying claims for wrongful arrest and excessive force also fail, wrote Judge Flaum.

The 7th Circuit affirmed the decision to remand Padula’s remaining state law claims to state court.

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  • bad trend
    Gee, I would be scared as hell now if I were diabetic. Or had a disability that might mistake a cop into thinking that I had refused one of their precious orders so now I had to be maced, tazed, and beat the crap out of until I was sufficiently punished to never make that mistake again! No need for police to respect due process is the implicit message of this. Dispense with the charges and judicial system if you think someone is refusing an order, don't pause and think, just be a meathead and just go ahead and overreact. Bad trend of this folks, bad trend. Only hope I guess is that good cops will try and rein in their own.
  • More BS
    Thug cops continue to overstep their authority and the courts keep letting them off the hook, sure Clement died of natural causes after the thug cops considered him drunk instead of having a diabetic seizure. The cops did not smell alcohol, they removed his bracelet then beat the crap out of him just for the hell of. There are so many corrupt cops that is absolutely ridiculous. We don't need to fear the criminals except the ones that wear badges and think that they are a license to break the law. Every cop on every police force in America thinks they are above the law and why not the courts keep giving them a free pass. If you ever go into a courtroom and it is your word against a cop's word don't believe that happy horse shit that absence of proof the cops word is no better than yours, BS! The court will take the word of the cop every time, because a cop wouldn't lie, would they? Not unless the mouth was moving!

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  1. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  2. It's a capital offense...one for you Latin scholars..

  3. I would like to suggest that you train those who search and help others, to be a Confidential Intermediary. Original Birth Certificates should not be handed out "willie nillie". There are many Birth Parents that have never told any of their families about, much less their Husband and Children about a baby born prior to their Mother's marriage. You can't go directly to her house, knock on her door and say I am the baby that you had years ago. This is what an Intermediary does as well as the search. They are appointed by by the Court after going through training and being Certified. If you would like, I can make a copy of my Certificate to give you an idea. you will need to attend classes and be certified then sworn in to follow the laws. I still am active and working on 5 cases at this time. Considering the fact that I am listed as a Senior Citizen, that's not at all bad. Being Certified is a protection for you as well as the Birth Mother. I have worked with many adoptees as well as the Birth Parents. They will also need understanding, guidance, and emotional help to deal with their own lost child and the love and fear that they have had locked up for all these years. If I could talk with those involved with the legal end, as well as those who do the searches and the Birth Mothers that lost their child, we JUST might find an answer that helps all of those involved. I hope that this will help you and others in the future. If you need to talk, I am listed with the Adoption Agencies here in Michigan. They can give you my phone number. My email address is as follows jatoz8@yahoo.com. Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.

  4. The promise of "Not to Tell" is the biggest lie ever given to a Birth Mother. THERE WERE NEVER ANY PROMISES GIVEN TO ANY OF US. One of the lies used to entice us to give up our Babies. There were many tactics used to try to convince us that it was best for Mother and Baby to cut the cord at birth. They have no idea of the pain and heartache that was caused by their attitude. The only thing that mattered was how great and wonderful they appeared to the prospective parents and their community. I completed my search, but that didn't stop the pain, heartbreak and the tears of the last 62 Years. I keep track and do know that he is alive, well educated and a musician. That little knowledge in itself is a Godsend to me. I pray that other Mothers also know that much and more to help heal their pain and open wounds. open wounds.

  5. please do your firm handles cases on breach of contract? please advise...

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