A Man in Need Seeks Help from Police, and Receives a Bullet Instead

Millions of people around the world suffer from bipolar disorder. They move from manic to depressive phases quickly, which can make life difficult for them and their loved ones. The condition can often be controlled with medication, but the process takes time as the patient and doctor try to perfect the prescription and dosage. The goal is to level out the emotional peaks and valleys so the patient can maintain a consistent quality of life.

That happy medium is exactly what Kyle Branson* was trying to achieve. Kyle’s doctor had taken him off his medication because he was experiencing negative side effects, including severe nausea. Kyle’s bipolar symptoms were likely to appear again, but it was all part of the adjustment process.

Kyle’s manic episode

One night during that adjustment period, Kyle was doing his laundry. We’re not really sure why, but as he left the laundromat, Kyle was jumped by four or five men. When the police came to break up the fight, they handcuffed everyone, including Kyle. Once they figured out he was the victim and not a perpetrator, they let him go. Even without the added complication of Kyle’s medical condition, it was a harrowing experience.

Kyle, who was badly shaken, got in his van and began to drive home. On the way, he felt increasingly disoriented and pulled into a church parking lot. He’d been sitting there a while, when a police cruiser pulled in to investigate his van. Kyle got out and asked the officers if they could help him get a wrecker. Rather than help Kyle, the officers mockingly replied that they weren’t AAA. Kyle then asked if they could take him to a hospital. Again they refused him help, and began questioning him. When Kyle decided they weren’t going to be of any assistance, he headed back to his van.

The officers pursued Kyle, ordering him to answer their questions and to get out of the van. But Kyle sat there, disoriented and frustrated, holding onto the steering wheel. Reaching through the window, one of the officers tried to pry his hands off the steering wheel, but Kyle tightened his grip. This resistance—albeit nonviolent—infuriated the officers. One officer swung at Kyle with his baton in an attempt to get him to exit the vehicle. When that didn’t work, the other officer took out his service revolver and shot Kyle in the stomach.

Instead of getting help from the police in his time of need, Kyle got shot and nearly died. After a month in the hospital and a surgery to reconstruct his abdomen, Kyle recovered. He was left with a foot-long scar from sternum to navel that would forever serve as reminder of that terrible night.

A civil rights case

Law enforcement officers have what’s known as qualified immunity. It protects them from constantly being second-guessed or harshly judged for decisions they have to make in a split second. Because of this, it requires some extraordinary facts and delicate nuances for an officer to be held liable for using excessive force and thereby violating a citizen’s constitutional rights.

As we dug into this case, we uncovered some discrepancies with the police officers’ story which contributed to the department’s willingness to reach a settlement. The officers fabricated a story about Kyle resisting arrest after being sprayed with mace, to make it seem as though their excessive use of force was legitimate. No mace residue was found in the van, however. What’s more—Kyle had applied to be a police officer a few years prior and had his application denied because of his severe allergic reaction to mace.

The officers also claimed that Kyle attempted to attack them from inside his van with a flashlight. No flashlight was found in the investigation, and no marks were found on either officer.

Perhaps the most significant bit of information we learned was that the officers had received no training from the department on how to deal with people going through emotional or mental distress. They essentially had been trained to treat them like any other intoxicated or disobedient person.

Right before going to trial, the police department settled. In addition to the settlement, the case also helped lead to a change in Ohio law enforcement policy. Now, if officers believe a citizen is suffering from an emotional or mental condition, they are required to stand down and call Netcare, a Central Ohio organization that specifically helps people with special needs. And that’s a positive outcome for anyone who might find themselves in a similar position to Kyle’s in the future.

*Names in this article have been changed to protect our client’s privacy.

The outcome of any client’s case will depend on the particular legal and factual circumstances of the case.

A Promising Career Cut Short by Gender Discrimination

Dr. Cathy Barker* had worked her entire life so that she could help people. After significant training in the field of stem cell medicine, Cathy’s dreams came true when she began working as a stem cell researcher and stem cell transplant surgeon at a prominent university. Her husband, also a physician, was employed at the university, and together they were happily raising their young family.

Everything with Cathy’s career was going well. Her work was meaningful, she enjoyed her position at the university, and she, her husband, and her children were thriving. Cathy learned she was being paid less than the male physicians in her department. She said something to her boss about what she thought was discrimination on the basis of her gender. But the university didn’t respond by fixing the pay disparity. Instead, it punished Cathy for bringing this to its attention, cutting her funding so that she would lose her laboratory.

Retaliation for speaking up

The retaliation didn’t stop there. Additional moves were made to undermine Cathy, ultimately forcing her out of the department, and eventually the university. To add insult to injury, Cathy’s husband also lost his job due to the fallout from his wife’s justifiable discrimination complaints.

Losing her job, and being responsible for her husband losing his, was emotionally and financially devastating to Cathy and her entire family.

As the couple tried to get their careers back on track and find work to support their family, Cathy’s husband took a job that required a 2-hour commute each way. Cathy wasn’t even that fortunate. Though she was a brilliant physician at the top of her field, her area of expertise was so specialized that the university was the only place in the area that offered stem cell work. Finding comparable employment at another university would mean moving to another state altogether, uprooting their children from their school and the lives of their family.

David vs. Goliath

As one person battling a big institution, Cathy felt like David fighting Goliath—an underdog seemingly outmatched. She filed a complaint with the Equal Employment Opportunity Commission, but as her case dragged on in the EEOC system, she became concerned about losing the chance to sue in Federal court because of the statute of limitations. The window of opportunity for Cathy and her family to get justice for the university’s wrongdoing was quickly closing.

When Cathy contacted us about her situation, we were as frustrated and shocked as she was at the way she had been treated, and we knew that time was critical.

First, to resolve the statute of limitations issues, we expedited matters by taking her case to State court. We also obtained key documents, put the responsible people under oath, and took depositions of high-level physicians at the university, uncovering and gathering evidence to show that Cathy had, indeed, been treated unfairly.

The case was finally settled just short of going to trial. While there was no way Cathy could have been made whole by simply reinstating her to her old position at the university (the working environment would have been downright unbearable), the settlement did allow Cathy to be able to take care of her family financially, making sure that her kids could stay in their home, get through school, and go off to college.

Too much to lose

Too often in employment cases such as this, the victims feel they should stop complaining and just get another job. But the reality is that losing your career—a career that you invested a lifetime to build—can be devastating. It’s no easy feat to bounce back from such a traumatic event unscathed, especially when it affects the entire family.

Dr. Cathy Barker, her husband, and their children are doing well today, despite the rocky course they were forced to take through no fault of their own. Thankfully, Cathy and her family have been able to put this injustice behind them. Her husband is enjoying a productive career of his own, her kids are growing into remarkable adults, and Cathy is back in a position where her training and talents are helping all of us live better lives.

 

*Names in this article have been changed to protect our client’s privacy. 

The outcome of any client’s case will depend on the particular legal and factual circumstances of the case.