An example of our judicial/legal system AT IT’S BEST ?

An example of our judicial/legal system AT IT’S BEST?

https://threadreaderapp.com/thread/1523720324855914498.html

This is Joshua Smith, a client of @GeorgetownLaw‘s Civil Rights Clinic. In May 2020, while visiting family in Virginia, his legs went numb. 911 was dialed.
12 hours later, he ended up face down in a jail cell, unconscious and permanently paralyzed. Let me tell you his story.🧵

After the 911 call, an ambulance took him to the ER of a local hospital in Galax, Virginia.

Noticing that Smith had previously been on opioid medication, the doctors and nurses assumed he was looking for drugs. They gave him a shot of Benadryl. Then they called the cops on him. 

Since he couldn’t walk, a sheriff’s deputy wheeled Smith out of the ER, arrested him, and forced him into his police car. He took him to a local magistrate judge’s office, all while calling him a “junkie” who just “shot up some bad dope.” 

When they arrived at the courthouse, three other cops joined in, put Smith on a rubber welcome mat, and dragged him on the ground to the judge’s chambers. The judge noticed an old probation violation, and decided he should go to jail.

But first, he wanted Smith to stand up. 

The officers grabbed him from the floor and picked him up, only for his knees to buckle.

From his desk, the judge told Smith, “If you can stand up and talk to me like a man, you can go home.”

Smith was sobbing on the floor. He couldn’t get his legs to work. 

The judge ordered he be held in jail. The officers shackled Smith’s hands and legs, dragged him through the courthouse out into the parking lot, picked him up, swung him three times, and hurled him into the back of a police van. 

During the 40-minute ride, the officer drove erratically, hitting pot holes and taking sharp turns. Smith wasn’t secured in any way—just lying on his back on the floor of the van. Every bump sent shock waves of pain through his body.

In his spine, an abscess was about to burst. 

During the whole 40-minute ride, Smith cried out for medical help. At some point, he recalls hitting a particularly hard bump, feeling a wave of excruciating pain, and then nothing.
He had lost all feeling in his legs. He’d later learn that the spinal abscess had ruptured. 

The officers arrived at the New River Valley Regional Jail, and then unloaded Smith, who is at this point unconscious, into a jail cell. It’s the middle of the night.

They leave him there, face down, until they bring him breakfast the next morning. 

Some time later, a jail officer returns and asks him why he hasn’t eaten his breakfast. He can’t inhale enough air to respond.

A nurse notices him, and immediately calls for help. She may be the reason he’s alive today. 

He gets taken to a hospital in Roanoke, where he goes into emergency surgery. The doctors manage to save his life, but he’d lost all feeling from the chest down. He’s now permanently paralyzed.

When he wakes up, a cop is posted in his room and he’s shackled to the hospital bed. 

A few days later, while still sedated and intubated, the cop holds an iPad in front of him and requires him to appear in his own bond hearing. The judge asks him to respond simply by blinking his eyes or nodding his head. 
Although he was released from custody, Smith feels that the system “practically ended [his] life.” He can’t sleep longer than a few hours a night and when he can, he dreams he’s trapped in a jail cell. The financial strain has left him on the brink of homelessness. 

Smith is bringing a federal lawsuit against the hospital, the medical staff, the cops, the judge and the jail for discrimination and multiple violations of his constitutional rights. You can view it here: georgetown.box.com/s/uv03ktm44w69…

I hope you’ll RT and share his story far and wide. 

More from @jesusrodriguezb

Jan 31

Today is my last day as senior articles editor of @GeorgetownLJ, so I thought I would share some pointers for authors in #lawtwitter submitting to the spring cycle, which opens tomorrow for us! After poring over thousands of submissions last year, here’s what has stood out to me:
1. Effective titles often caught my attention, especially when it was 1 a.m. and I was up assigning articles. Intros should tell us upfront what’s original about your piece — like in journalism, don’t bury the lede
2. Authors sometimes treat conclusions like 2–4-paragraph bows on top of the piece, but this is where the discussion and the implications of your argument need to be clearest.

Read 15 tweets


4 Responses

  1. Let’s not forget, this is the second individual who was criminalized for seeking medical care in recent times. The first was the woman who died from a stroke in police custody after staff at the hospital called on police ro eject her from the grounds for trespassing once they ‘determined’ she was not in need of medical care. Perhaps some don’t want to hear this, but the medical system also bears culpability in these cases. How is it that a person in medical distress can arrive at the hospital, be treated like human garbage and be kicked out of the one specific place that they can go for the issues they’re having (remember, self diagnosis is frowned on, so we look to those who are supposed to hold our health interests at the forefront for the answers), yet there’s little alarm in the public domain that something might be wrong there? The police are only doing what the hospital suggests is appropriate. They’re often poorly (or not at all) trained to recognize and respond to medical or mental health problems, aside from overdose. It’s almost certain when they arrive, that they assume the hospital has thoroughly examined the patient being trespassed and have decided that no care is necessary, which in a perfect world would be the ONLY reason someone is ever TRESPASSED from a hospital as the patient themselves, aside from threatening or aggressive behavior toward staff. Which is honestly pretty subjective these days, as it is. Perhaps if accountability were involved when it comes to forcing patients in medical distress out of the place we go for emergency care, it wouldn’t happen anymore. At least not with any regularity, as there will always be exceptions to any rule. Once this patient was in the judicial system though, the judge should have recognized that something was amiss and requested a medical evalutation, but instead chose to ask this man to blink his freaking eyes, which is low key acknowledgement that something was not right with him. If you ask me, everyone who was involved in the permanent alteration of this man’s life should be held accountable. He did only what we are told to do in the event of a potential medical emergency. I say “potential”, because again, we are told not to self diagnose or gauge how severe a health problem may or may not be. We are told by hospital staff that is THEIR job. So why the hell aren’t they doing it? This malarkey about being accused of drug seeking when no drugs were requested needs to be hard stopped. People are being subjected to inexcusable consequences because of that stigma. So if a person comes in and asks for help, if they truly believe they’re drug seeking, then decline to give opioids and THOROUGHLY EXAMINE THE PATIENT ANYWAY. It’s not hard to conceive of the proper course of action. And stop treating former pain patients like we aren’t WORTHY of care because we were once on adequate pain management. I feel for this guy, as well as the family of the woman who passed, both treated as if they don’t matter by a biased medical system, criminalized by the authorities who erroneously assumed they were rightfully labeled trespassers, and both suffering irreversible consequences from it all. This should never happen in this country and yet, here we are.

  2. And yet no one wants to learn what will stop this propaganda against opioids. Too bad, so sad. And so it will continue.

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