Police Use Unnecessary Force to Detain Disabled Citizens
Robert Ethan Saylor's family sues Frederick County Sheriff's office, others
Robert Ethan Saylor (Photo from Stauffer Funeral Home)
PDF Document: ETHAN SAYLOR FEDERAL COMPLAINT 10 17 13
ABC7 News - The parents of 26-year-old Ethan Saylor, who
had Down syndrome and died after he was handcuffed and restrained by
police, are now suing in federal court.
Ethan had seen “Zero Dark Thirty” with his aide, but when she went
out to get the car, he went back in for the next showing without a
ticket and refused to leave.
As the officers dragged him out, he screamed, “Mommy! Mommy!" and, “It hurts!”
Despite his aide warning officers that Ethan didn’t like being touched, the officers handcuffed and sat on the 294-pound, 5-foot-6-inch man.
An autopsy showed Saylor eventually died of asphyxiation brought on by his Down syndrome. The medical examiner ruled his death a homicide by asphyxiation.
However, a grand jury declined to indict, and no criminal charges were brought on. The three Sherriff’s Deputies are now back at work.
Patricia and Ronald Saylor have filed a civil lawsuit
alleging gross negligence and recklessness, saying the three Frederick
County Sherriff’s deputies moonlighting as security officers January 12
at the Westview Regal Cinemas, could have handled things very
differently.
As the officers dragged him out, he screamed, “Mommy! Mommy!" and, “It hurts!”
Despite his aide warning officers that Ethan didn’t like being touched, the officers handcuffed and sat on the 294-pound, 5-foot-6-inch man.
An autopsy showed Saylor eventually died of asphyxiation brought on by his Down syndrome. The medical examiner ruled his death a homicide by asphyxiation.
"If any of the Defendants had heeded Mr. Saylor's aide as to how to deal with Mr. Saylor, his tragic and unnecessary death would have been avoided,” the suit states.Ethan’s death prompted a public outcry, and 340,000 people signed an online petition asking Governor Martin O’Malley to help.
However, a grand jury declined to indict, and no criminal charges were brought on. The three Sherriff’s Deputies are now back at work.
Police used 'unsuitable force' on mentally ill man Sean Rigg who died in custody, jury finds
In a damning verdict, jurors found that unacceptable and
inappropriate actions by Metropolitan Police officers contributed to the
death of Sean Rigg, 40, in August 2008. The jurors rejected much of the
evidence given to the inquest by the constables involved.
Last night, Mr Rigg's family called for criminal charges against the police, who they accused of "at best misleading the jury or at worst lying under oath". They also condemned the Independent Police Complaints Commission over its "inadequate and obstructive" initial investigation that found no evidence of wrongdoing.
Mr Rigg, a musician and producer, was restrained and arrested after attacking members of the public with karate-style moves on the Weir estate in Balham, south London. He was put in a police van and taken to nearby Brixton police station, where he died later of a cardiac arrest.
Southwark Coroner's Court heard that Mr Rigg had been suffering from a mental breakdown after not taking his medication. The jury returned a narrative verdict, finding that the arresting officers used "unsuitable" force when putting him in the prone position with his face to the ground for eight minutes. Reading out the verdict yesterday, the coroner, Dr Andrew Harris, said:
Mr Rigg's death was the latest in a long line of deaths in police custody of black men and mentally-ill people, and his case highlights the obstacles families face in establishing the truth. Since 1990, 1,433 people have died in custody or following contact with police in England and Wales; there have been no successful criminal prosecutions.
Mr Rigg's relatives criticised the coroner's decision not to allow the jury to consider verdicts of unlawful killing or neglect. The family, who are considering a legal challenge, said:
Jurors concluded that his physical condition deteriorated when he was restrained because his brain was deprived of oxygen. It then worsened on the van journey to the police station, so he was "extremely unwell and not fully conscious" by the time he was "carried" into the cage. The officers' failure to provide him with appropriate care at every stage, and the lack of urgency in their response, more than minimally contributed to his death, the jurors said.
They were shown CCTV footage of Mr Rigg being "stood up" by officers when he was unconscious in the cage, which jurors described as "unacceptable and inappropriate". Leaving him handcuffed when he was unconscious and his heart not beating was "unnecessary and inappropriate", they added. They also said that the failure of officers to recognise and assess Mr Rigg's physical and mental state at any point after his arrest was "inadequate".
The IPCC's conclusions apppeared to be undermined by photographs, 999 calls and CCTV footage presented to the jury, and by inconsistent evidence given by the officers in court.
Mr Rigg, who had a 20-year history of relapsing psychoses and had been sectioned many times, was well known to Brixton police, the inquest was told. Officers failed to communicate and relay important information about his mental health that night.
Around half of all deaths during or following police contact involve a person with mental health problems.
Deborah Coles from Inquest said:
The damning narrative verdict was delivered by an 11 person jury after hearing evidence from over 60 witnesses over seven weeks, who were applauded at the packed Southwark Coroner’s Court for their diligence and intelligent questioning.
Coroner Dr Andrew Harris said: “If I had a right to choose this jury I would always choose this one.” Two jurors cancelled holidays as the inquest overran rather than drop-out.
Last night, South London and Maudsley NHS Trust apologised to Mr Rigg's family for his inadequate standard of care.
To see the inquisition document for Mr Rigg CLICK HERE
Rigg family statement in full
“Sean was a wonderful, talented and caring brother and son. For years he had lived with schizophrenia. He was under the care of the South London and Maudsley NHS Trust, and known by Brixton police to have mental health issues.
“We have sat through a long and painful seven weeks reliving the final days and hours of Sean’s precious life. This pain has been compounded by officers at best misleading the jury and at worst lying under oath. The evidence we have heard has left us in no doubt that Sean died as a result of the wilful neglect of those who were meant to care for him and keep him safe. If the South London and Maudsley Trust had done their job properly and provided the care and help that Sean urgently needed, he would be alive today. If the police had not ignored repeated 999 calls from the hostel, and taken Sean to the hospital as they should have done, he would be alive today.
“It was perfectly apparent to ordinary members of the public that Sean was having some kind of mental crisis on the 21st August 2008, when the police were called for help. When the police did eventually arrive they restrained him, arrested him for theft of his own passport, put him in the back of a police van, drove him with sirens, not to the hospital for urgent medical care, but to Brixton police station, left him in a perspex cage in the van and finally brought him to the caged area at the back of the station where he died on a concrete floor, surrounded by police officers.
“Sean was a fit and healthy man who died less than an hour after being picked up by the police. Nothing will bring him back but we want to know that justice will be done. We want to know that those responsible will be held to account for Sean’s death.
“We feel utterly let down by the Independent Police Complaints Commission investigation into Sean’s death which was inadequate and obstructive from the start. Until it is fundamentally reformed, the IPCC will remain incapable of exposing the truth when people die in police hands.
“We call for the Crown Prosecution Service to look at the damning evidence that has come to light in this case and demand a prosecution of those responsible for Sean’s death.
“We call for an urgent public inquiry to establish why the system in this country consistently fails to deliver justice to the many families whose loved ones have died in police custody. We want to know why, last year, over half the people who died following contact with the police had mental health issues and why, like Sean, over half died in circumstances involving restraint. We want to know why there was also such a sharp rise in the number of black men who died following police contact. We want to know why our system allows officers to continue in their jobs when someone has died in their care and why not one successful prosecution has taken place in this country since 1986.
“Until we have justice there will be no peace for us or the many other families we stand with.
“We would like to thank all of those who have helped and supported us in our long and hard fight for the truth.
“We will continue to fight for justice for Sean.”
The investigation has identified a number of cases not included in
the official tally of 16 ‘restraint-related’ deaths in the decade to
2009 – including a landmark case that changed the way that officers
carry out arrests.
Some cases were not included because the person has not been
officially arrested or detained. The omission raises questions about the
statistics used by the Independent Police Complaints Commission (IPCC)
to inform the debate over the use of restraint by police in the
sensitive area of deaths in custody say campaigners.
The cases emerged after a series of applications made under the Freedom of Information Act requesting the names of the people in the 16 restraint-related deaths identified by the IPCC.
Analysis of these 16 cases reveals the IPCC does not include eight high-profile cases, such as Roger Sylvester, who died after being handcuffed and held down by up to six officers for 20 minutes. The case led to nationwide changes about how police arrested suspects and detained the mentally ill.
Keith Vaz, MP, chair of the Home Affairs Select Committee, said: ‘It is a matter of concern. This is a highly sensitive area, which deals with one of those parts of public policy that needs to be looked at very carefully. What we will have to do is have a proper, thorough inquiry into this matter.’
The Sylvester case led to a review of techniques by the Metropolitan Police that led to changes in training. Any force used by police must be ‘lawful, proportionate and necessary,’ according to guidelines by the Association of Chief Police Officers.
Deborah Coles, co-director of Inquest, a charity that takes up cases of deaths in custody, said it was ‘absolutely astonishing’ that some of the cases were not described as ‘restraint-related’ deaths.
However, only those who have been formally arrested or detained are included in the deaths in custody figures. The IPCC lists people who have died following ‘police contact’ separately, but cannot say how many of those deaths are restraint-related. It is planning a further study on restraint-related deaths later this year. The organisation said:
In a statement, the IPCC said:
Last night, Mr Rigg's family called for criminal charges against the police, who they accused of "at best misleading the jury or at worst lying under oath". They also condemned the Independent Police Complaints Commission over its "inadequate and obstructive" initial investigation that found no evidence of wrongdoing.
Mr Rigg, a musician and producer, was restrained and arrested after attacking members of the public with karate-style moves on the Weir estate in Balham, south London. He was put in a police van and taken to nearby Brixton police station, where he died later of a cardiac arrest.
Southwark Coroner's Court heard that Mr Rigg had been suffering from a mental breakdown after not taking his medication. The jury returned a narrative verdict, finding that the arresting officers used "unsuitable" force when putting him in the prone position with his face to the ground for eight minutes. Reading out the verdict yesterday, the coroner, Dr Andrew Harris, said:
"The level of force used on Sean Rigg whilst he was restrained in the prone position at the Weir estate was unsuitable. The length of restraint in the prone position was therefore unnecessary. The majority view of the jury is that this more than minimally contributed to Sean's death."Mr Rigg was living at a hostel in Brixton the time of his breakdown. South London and Maudsley NHS Foundation Trust was found to have failed to carry out appropriate mental health assessments, which also contributed to his death. Partial positional asphyxia, as a result of restraint using "unnecessary body weight", was given as one cause of death. The jury also criticised the arresting officers – PCs Matthew Forward, Richard Glasson, Mark Harratt and Andrew Birks.
Mr Rigg's death was the latest in a long line of deaths in police custody of black men and mentally-ill people, and his case highlights the obstacles families face in establishing the truth. Since 1990, 1,433 people have died in custody or following contact with police in England and Wales; there have been no successful criminal prosecutions.
Mr Rigg's relatives criticised the coroner's decision not to allow the jury to consider verdicts of unlawful killing or neglect. The family, who are considering a legal challenge, said:
"We call for an urgent public inquiry to establish why the system in this country consistently fails to deliver justice to the many families whose loved ones have died in police custody."They also called for "fundamental reform" of the IPCC. After an 18-month investigation, the watchdog found that none of the officers involved had a case to answer – in stark contrast to the jury, which had access to much of the same evidence. In February 2010, the IPCC concluded that officers had correctly followed procedures and policies. Yet the jury rejected the evidence given by numerous officers that Mr Rigg was walking independently and breathing normally until he collapsed suddenly in a caged area at the police station.
Jurors concluded that his physical condition deteriorated when he was restrained because his brain was deprived of oxygen. It then worsened on the van journey to the police station, so he was "extremely unwell and not fully conscious" by the time he was "carried" into the cage. The officers' failure to provide him with appropriate care at every stage, and the lack of urgency in their response, more than minimally contributed to his death, the jurors said.
They were shown CCTV footage of Mr Rigg being "stood up" by officers when he was unconscious in the cage, which jurors described as "unacceptable and inappropriate". Leaving him handcuffed when he was unconscious and his heart not beating was "unnecessary and inappropriate", they added. They also said that the failure of officers to recognise and assess Mr Rigg's physical and mental state at any point after his arrest was "inadequate".
The IPCC's conclusions apppeared to be undermined by photographs, 999 calls and CCTV footage presented to the jury, and by inconsistent evidence given by the officers in court.
Mr Rigg, who had a 20-year history of relapsing psychoses and had been sectioned many times, was well known to Brixton police, the inquest was told. Officers failed to communicate and relay important information about his mental health that night.
Around half of all deaths during or following police contact involve a person with mental health problems.
Deborah Coles from Inquest said:
“The individual and institutional neglect uncovered by this inquest should prompt the Home Office and Department of Health to urgently review how the police and mental health providers work together to respond to people in crisis and in conflict with the law... It is frightening that the callous indifference shown by the police to a vulnerable, mentally ill black man may still be replicated today.”The “unacceptable failure” by 999 call handlers to act appropriately in response to five requests for emergency help by the hostel where Rigg lived was also “unacceptable and inappropriate”.
The damning narrative verdict was delivered by an 11 person jury after hearing evidence from over 60 witnesses over seven weeks, who were applauded at the packed Southwark Coroner’s Court for their diligence and intelligent questioning.
Coroner Dr Andrew Harris said: “If I had a right to choose this jury I would always choose this one.” Two jurors cancelled holidays as the inquest overran rather than drop-out.
Last night, South London and Maudsley NHS Trust apologised to Mr Rigg's family for his inadequate standard of care.
To see the inquisition document for Mr Rigg CLICK HERE
Rigg family statement in full
“Sean was a wonderful, talented and caring brother and son. For years he had lived with schizophrenia. He was under the care of the South London and Maudsley NHS Trust, and known by Brixton police to have mental health issues.
“We have sat through a long and painful seven weeks reliving the final days and hours of Sean’s precious life. This pain has been compounded by officers at best misleading the jury and at worst lying under oath. The evidence we have heard has left us in no doubt that Sean died as a result of the wilful neglect of those who were meant to care for him and keep him safe. If the South London and Maudsley Trust had done their job properly and provided the care and help that Sean urgently needed, he would be alive today. If the police had not ignored repeated 999 calls from the hostel, and taken Sean to the hospital as they should have done, he would be alive today.
“It was perfectly apparent to ordinary members of the public that Sean was having some kind of mental crisis on the 21st August 2008, when the police were called for help. When the police did eventually arrive they restrained him, arrested him for theft of his own passport, put him in the back of a police van, drove him with sirens, not to the hospital for urgent medical care, but to Brixton police station, left him in a perspex cage in the van and finally brought him to the caged area at the back of the station where he died on a concrete floor, surrounded by police officers.
“Sean was a fit and healthy man who died less than an hour after being picked up by the police. Nothing will bring him back but we want to know that justice will be done. We want to know that those responsible will be held to account for Sean’s death.
“We feel utterly let down by the Independent Police Complaints Commission investigation into Sean’s death which was inadequate and obstructive from the start. Until it is fundamentally reformed, the IPCC will remain incapable of exposing the truth when people die in police hands.
“We call for the Crown Prosecution Service to look at the damning evidence that has come to light in this case and demand a prosecution of those responsible for Sean’s death.
“We call for an urgent public inquiry to establish why the system in this country consistently fails to deliver justice to the many families whose loved ones have died in police custody. We want to know why, last year, over half the people who died following contact with the police had mental health issues and why, like Sean, over half died in circumstances involving restraint. We want to know why there was also such a sharp rise in the number of black men who died following police contact. We want to know why our system allows officers to continue in their jobs when someone has died in their care and why not one successful prosecution has taken place in this country since 1986.
“Until we have justice there will be no peace for us or the many other families we stand with.
“We would like to thank all of those who have helped and supported us in our long and hard fight for the truth.
“We will continue to fight for justice for Sean.”
How many have died after police restraint? MP calls for inquiry
Bureau of Investigative Journalism - The number of people who have died after
being forcibly restrained in police custody is higher than official
figures suggest, an investigation by the Bureau can reveal.
The cases emerged after a series of applications made under the Freedom of Information Act requesting the names of the people in the 16 restraint-related deaths identified by the IPCC.
Analysis of these 16 cases reveals the IPCC does not include eight high-profile cases, such as Roger Sylvester, who died after being handcuffed and held down by up to six officers for 20 minutes. The case led to nationwide changes about how police arrested suspects and detained the mentally ill.
Keith Vaz, MP, chair of the Home Affairs Select Committee, said: ‘It is a matter of concern. This is a highly sensitive area, which deals with one of those parts of public policy that needs to be looked at very carefully. What we will have to do is have a proper, thorough inquiry into this matter.’
The Sylvester case led to a review of techniques by the Metropolitan Police that led to changes in training. Any force used by police must be ‘lawful, proportionate and necessary,’ according to guidelines by the Association of Chief Police Officers.
Deborah Coles, co-director of Inquest, a charity that takes up cases of deaths in custody, said it was ‘absolutely astonishing’ that some of the cases were not described as ‘restraint-related’ deaths.
‘I think there are some very serious concerns about the IPCC and I don’t think it’s fulfilling its purpose as a sufficiently robust independent watchdog for the public and indeed bereaved families to have confidence in,’ she said.The IPCC’s research found that 333 people died in police custody between 1999 and 2009, including 86 who died after being restrained. That figure included 16 of the most controversial cases which were classed as restraint-related.
However, only those who have been formally arrested or detained are included in the deaths in custody figures. The IPCC lists people who have died following ‘police contact’ separately, but cannot say how many of those deaths are restraint-related. It is planning a further study on restraint-related deaths later this year. The organisation said:
‘How we collate data has no impact on the way in which we investigate a death. It ignores the fact that we independently investigate and all our investigations in to deaths are heard before a Coroner, a jury, the family of the deceased and the public. To assert that the IPCC is not fulfilling its purpose as a sufficiently robust independent watchdog is a complete misunderstanding of what the IPCC does.’The cases include the death of Simon Bosworth in July 2008 who collapsed while being restrained by police in his garden. He was not included on the list because he had not been arrested or detained under mental health legislation.
In a statement, the IPCC said:
‘The IPCC is robust in its attempts to provide accurate statistics on deaths in custody where police have restrained an individual prior to their death. We are accountable to parliament for the statistics we collate unlike pressure groups and charities that have less defined criteria for their categories. The data that the IPCC provides is completely transparent and is published on the website.’It added: ‘Three of the names that you cite are included in this category and would therefore not appear in our deaths in custody study but would appear in our overall figures for deaths following police contact.’
