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Analysis posted Sep 08 2011, 3:38 PM Category: Tyranny/Police State Source: InformationLiberation Print

Judge Rules Cops Beating Up Seizing Diabetic They Thought Was Drunk Is A-OK

Chris | InformationLiberation

Cops find a man experiencing a diabetic seizure, rather than call for medical help they chose to strike him with a baton and handcuff him, only because he started to bleed from his head, the cops decided to call paramedics. When the paramedics arrived, they found the man's diabetes card and administered treatment, the man stopped breathing, presumably in a preamble to dying, but the paramedics were able to revive him. The report states he died two weeks later of "natural causes." The man's estate sued the cops for their excessive force, but U.S. District Judge Joseph S. Van Bokkelen just ruled the officers were "entitled to forcibly remove him from his car" because "he did not comply with their command to get out on his own." A three-judge panel rubber stamped the Judge's ruling, so he won't even get to have a trial.

From Courthouse News:
CHICAGO (CN) - Indiana police officers do not have to stand trial for Macing and beating a man they thought was a drunken driver, but was actually diabetic and having a hypoglycemic episode, the 7th Circuit ruled.

On Aug. 24, 2006, Jerome Clement, an insulin-dependent, Type 1 Diabetic, experienced a sharp drop in blood sugar while driving to work. He turned off the road, drove into a recycling plant's parking lot and came to rest on a truck scale. Clement was incoherent when a plant employee asked him to move his car.
Note, the man was not "drunk driving," but was instead parked in a parking lot.
East Chicago police were dispatched to the scene. Officers Jesus Arceo and Timothy Leimbach, who were told that Clement was potentially intoxicated, found him slouched over in his car, which they said smelled like stale beer. Clement was not wearing a diabetic necklace or bracelet.

Unable to rouse Clement, the officers physically removed him from the vehicle. Clement then kicked, flailed his arms, and jerked his head up and down, striking himself against the pavement. A bystander later said Clement had moved "like he was having ... a seizure of some sort maybe." He also reported that Clement's eyes were rolled back and he was foaming at the mouth.

The officers Maced Clement twice and struck him with a baton in the arm and legs while trying to handcuff him. Since Clement was bleeding from his head, the officers then called for medical assistance.
Is beating people up who are experiencing seizures really necessary? The man was slumped over in his car before the cops decided to harass him.
When paramedics arrived 20 minutes later, they found Clement's diabetes card and administered an injection of dextrose. Clement stopped breathing, but was revived on his way to the hospital.

Doctors diagnosed the man with acute cardiac and respiratory failure, severe hypoglycemia, and severe metabolic and respiratory acidosis. Testing revealed marijuana and a low presence of alcohol in his system. Clement died of natural causes two weeks after the arrest.

William Padula, the administrator of Clement's estate, sued the officers, the city of East Chicago, and the East Chicago Police Department. He alleged wrongful arrest and excessive force, failure to train officers, and condoning and ratifying the use of excessive force.

But U.S. District Judge Joseph S. Van Bokkelen found the officers' actions were justified, ruling that they had probable cause to believe Clement had been driving while intoxicated.

"In light of the circumstances and their reasonable belief that Clement was intoxicated, Officers Leimbach and Arceo were entitled to forcibly remove him from his car when he did not comply with their command to get out on his own," Judge Joel Flaum wrote for a three-member panel.

The court's hesitation to second-guess the snap judgments made by law enforcement, and the lack of evidence indicating the use of excessive force, led the three-judge panel to affirm the grant of summary judgment to the defendants.

"Since Padula's underlying claims for wrongful arrest and excessive force failed, his claims for failure to train and for condoning and ratifying excessive force must also fail," the decision states.

No officers were disciplined in connection with the incident.
Chalk this up as one more case of justice not served and agents of the state being above the law.





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Comments 1 - 20 of 20 Add Comment Page 1 of 1
Anonymous

Posted: Sep 08 2011, 9:10 PM

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74235 Many Judges are just as guilty as the bad cops.

Cops probably paid him off. Scum.

Bad Judges, bad cops.... they will all face God.
They should be worried.
Anonymous

Posted: Sep 09 2011, 9:55 AM

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136181 Gives a new meaning to the question, "What would Jesus do?"
Anonymous

Posted: Sep 09 2011, 10:47 AM

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66215 "Many Judges are just as guilty as the bad cops.

Cops probably paid him off. Scum.

Bad Judges, bad cops.... they will all face God.
They should be worried."

Are you serious? These people wont face anything. They will die in their beds many years from now without a regret. Take action, stop leaving the heavy lifting to god and get to work.
Anonymous

Posted: Sep 09 2011, 11:01 AM

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71180 Kangaroo court system is a joke!
Anonymous

Posted: Sep 09 2011, 11:31 AM

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76171 this is murder. lets hold the cops and judge accountable! TO PROTECT AND SERVE MY FUCKING BALLS. NEO RENAISSANCE. REVOLUTION.
Anonymous

Posted: Sep 09 2011, 11:54 AM

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1410 "Many Judges are just as guilty as the bad cops.

I'm sorry, I should have been more clear.

There are millions of us and a handful of them in comparison.

I'm disgusted that the majority of the population doesn't speak up or do anything to stand up for themselves.

People today do not unite for the common good of all. Common sense is gone. The elite divide us to conquer us, and most sit back and watch.

Everyone of those bastards deserves the horrid treatment they dish out.

You are right.
Anonymous

Posted: Sep 09 2011, 12:20 PM

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24205 "When they break down your front door, what you gonna do, put your hands on your head, or the trigger of your gun?"

Guns of Brixton
Anonymous

Posted: Sep 09 2011, 1:18 PM

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96229 this is so fucked up, there are no words for it. when someone is FOAMING AT THE MOUTH wth makes you think, immediately, that they are intoxicated? especially if it is in the morning when a person is driving to work?! my boyfriend has diabetes, Gd forbid if this ever happened to him, i would sue the fucking officers for every fucking penny. "natural causes" my ass - maybe if the police hadn't UNNECESSARILY BEAT THE INNOCENT MAN, he wouldn't have died of "natural causes" (*cough* the beating led to complications which killed him *cough*). and so what if the guy had a little bit of marijuana or alcohol in his system? maybe he had a glass of wine with dinner the previous night. maybe he has physical pain that marijuana eases. either way, this guy did not deserve to die because of these irresponsible, abusive officers. wtf.
Anonymous

Posted: Sep 09 2011, 2:31 PM

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72129 He should have known that marijuana is illegal because only cops are allowed to harm you.
Anonymous

Posted: Sep 09 2011, 2:32 PM

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81111 To protect and serve, themselves maybe?
Anonymous

Posted: Sep 09 2011, 3:24 PM

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164107 Explain to me how beating someone with a baton should ever be acceptable when the person is not being violent.
Anonymous

Posted: Sep 09 2011, 6:02 PM

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17362 Being Diabetic myself, this is absolutely infuriating. Having experienced quite terrifying lows (low blood glucose (sugar) levels), putting myself in his shoes is all too real. Who the fuck watches the watchmen?
dougo

Posted: Sep 09 2011, 9:58 PM

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688 pot may be harmful but COPS KILL!!
Anonymous

Posted: Sep 09 2011, 10:06 PM

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209237 Idiots leading Idiots...most of the those judges dont know shit about anything.
Anonymous

Posted: Sep 09 2011, 11:08 PM

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18417 So then beating drunk people is A-OK? Let it be known, if you are drunk the PO PO can beat yo ass
Spanic

Posted: Sep 10 2011, 3:51 AM

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6649 Sounds exactly like what happened to a buddy of mine. It was in a taco bell parking lot if I remember correctly, thankfully he survived it. Still lost his case though. Edit: Just realized both happened in Indiana.
"He also reported that Clement's eyes were rolled back and he was foaming at the mouth."
The officers Maced Clement twice and struck him with a baton in the arm and legs while trying to handcuff him. Since Clement was bleeding from his head, the officers then called for medical assistance.
I usually foam from the mouth when I'm drunk also.

~Spanic
1234

Posted: Sep 10 2011, 10:02 AM

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74162 *Just as a side note
Marijuana has been proven to have NO negative effects, and MANY positive effects, including healing properties.
A recent study at a university did publish the report.
And I remember seeing a panel of doctors debate this issue some 30 plus years ago on very late night TV.
5 out 6 doctors were PRO marijuana.
Its a crime to be happy and healthly.
Its sick that criminals run and actively participate in the judicial system.
Anonymous

Posted: Sep 24 2011, 5:02 AM

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68165 Another suffocation event due to restraint asphyxia with a side of diabetic coma. Yay.
Anonymous

Posted: Jul 22 2013, 2:25 PM

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819 Many cops are IGNORANT THUGS. The People need them to be FIRED.
rustyone - NW Indiana resident

Posted: Feb 04 2016, 8:39 AM

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17278 * Thanks for keeping this incident in front of the Public. Clement's death was a travesty and Judge Van Bokkelen's summary judgement worsened it. The Times of NW Indiana posted a photo of Clement's bludgeoned face for just a few hours before it was removed from viewing. I guess the the paper publishing the truth is worse than maintaining the lies perpetrated by the East Chicago Police Dept and Bernie Carter. If Clement were black and a video of his arrest made public, Leimbach and Arceo would be in prison and East Chicago a bit poorer.
* Leimbach had a well known history of excessive force and intimidation.
* The EC PD has a history of condoning tampering and destruction of evidence. I was involved with a case whereby then Detective David Gemeinhart destroyed photos that could have been used as evidence. This was done in plain view of Hobart police inside their station while being video recorded. (And that video was allowed to be overwritten by Hobart police when that recording was subpoenaed in a trial.) Neither EC or Hobart police mentioned this in any of their reports and replies to written complaints about this said that all procedures were followed. So, destruction of evidence in an ongoing trial is sanctioned by the East Chicago and Hobart police departments. Makes one wonder how much evidence was either destroyed, altered or withheld from the public in the Clement case.
* Clement's BLOOD TEST RSULTS SHOWED ABSOLUTELY NO ALCOHOL. The EC PD and Carter's prosecutor's office kept this fact from being released for months and even then, it maintained Clement was drunk.
* Federal District Court Joseph Van Bokkelen was a former Federal prosecutor who at times had worked with the EC PD. He was the sort of prosecutor who would seek victory rather than justice. The Clement case conforms with and confirms this preconception of mine.
* I hope the memory of Clement's death haunts Leimbach, Arceo, Carter, Van Bokkelen and Flaum forever. Clement deserved better.....far better.
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