Officer involved shooting leads to drugs.Possible neglect?

[tucker1970]

What is the name of your state?Alabama. In 1999 I was employed as a deputy.In the fall of the year I answered a domestic violence call. The perp had attacked his family with a knife and fled into a wooded area behind the house. I arrived and was met by his sister. An ambulance was on the way and I tried to make contact with the assailant. I found him, he attacked me with a stick causing injuries to my arm which required surgery. I had no back up. Hewas 6'4 320pounds I stand 5'10 at 215 pounds. He "unknown to me" was on several medications and could not be controlled with mace. After several blows to my head and body from the stick I shot him. He was dead at the scene. I was placed on paid leave until Dec 99 or Jan 2000. During that time I started drinking heavily. I asked my department for help, counseling but rec. none. I returned to patrol in Feb 2000, I felt alone and vulnerable. The injuries I rec. during the altercation led to surgery in Feb or March. I wanted to get well as soon as possible and made the mistake of taking anabolic steroids. The steroids made me feel invinceable I was back on patrol and doing a good job. But I developed a mental dependancy on the steroids. This led to me and a friend going to mexico to obtain steroids. I was caught and pled guilty to poss. of anabolic steroids. Now I am self employed and have sought council to deal with the shooting. The doctor says she thinks I was suffering from post dramatic stress syndrome. She feels the sheriffs dept dropped the ball and was neglegent in the fact they offered no help after the critical incident. Who knows, if I had been given help when I asked, maybe I wouldn't be on probation now. My question is "can any thing be done now"? Was the department neglegent was this some kind of "failure to train"? I had always been a good cop, I never had been in any trouble untill then.

 

[BelizeBreeze]

I would strongly suggest you have a consultation with an employment law attorney in your area. Also have the attorney contact your therapist for background.

While you may have waited too long, I'm not qualified to ascertain that and your attorney will be.

Do it now however. The clock is ticking.

 

[cbg]

I'm not aware of any law that requires an employer to provide the kind of help you're speaking of. It is not, in general, the responsibility of an employer to see that you get counselling or any kind of help with substance abuse. That's what your family is for.

However, given that I have little to no experience with the public sector in general or law enforcement in specific, I'm going to ask another responder, who does, to check out your post.

He doesn't usually post on the employment boards so I'm going to have to track him down and ask him to take a look. Please have patience.

 

[JETX]

My question is "can any thing be done now"?

That would depend entirely on a FULL review of the facts and timeline.

Was the department neglegent was this some kind of "failure to train"?

In my opinion, no. It is extremely hard for anyone who was not there at the time to try to 'Monday quarterback' your decisions, but I believe your error may have been in pursuing this animal into the woods without backup.

 

[tucker1970]

Thanks for the input. Yes I wish I had let him go. Then again if he had come out of the woods down the road he could have hurt or killed someone else. His sister gave a statement saying he told them he was "going to hurt them and make the cops kill him". Well we know that as "suicide by cop". It was a damned if you do damned if you don't situation. Also the department if not looking out for my best interest,should have thought about the liability in puting me back on the road without some type of evaluation.. I could have been a cop with an itchy trigger finger.

 

[BelizeBreeze]

Please wait for Carl to respond. If only because he can perhaps give you a better insight into the avenues you may have within the department. My suggestion of seeing the advice of an attorney was predicated not on the incident but on a claim for help in defraying the medical costs for recovery based on Workman's comp or the insurance coverage held by the sheriff's department.

 

[cbg]

Since I do not use the PM functions on this board, I have left a message for Carl in another on-going thread where he has been active. Please wait for his response.

 

[cbg]

Just bumping this back up to the top in the hopes that, now that the weekend is over, Carl will see it.

 

[CdwJava]

In 1999 I was employed as a deputy.In the fall of the year I answered a domestic violence call. The perp had attacked his family with a knife and fled into a wooded area behind the house. I arrived and was met by his sister. An ambulance was on the way and I tried to make contact with the assailant. I found him, he attacked me with a stick causing injuries to my arm which required surgery. I had no back up. Hewas 6'4 320pounds I stand 5'10 at 215 pounds. He "unknown to me" was on several medications and could not be controlled with mace. After several blows to my head and body from the stick I shot him. He was dead at the scene.

So far, I'm with you. You made the right decision given the circumstances, and I know a battery of 'use-of-force' experts that would support you in this shooting for a host of reasons.

I was placed on paid leave until Dec 99 or Jan 2000. During that time I started drinking heavily. I asked my department for help, counseling but rec. none.

Whether they are obligated to help you or not depends entirely upon state law and upon any contractual agreement you have with your employer. In my state there are agencies that have negotiatiated such treatment as an option to termination IN to their contracts and benefits.

The injuries I rec. during the altercation led to surgery in Feb or March. I wanted to get well as soon as possible and made the mistake of taking anabolic steroids.

Uh oh ... this tale is taking a turn for the worse.

The doctor says she thinks I was suffering from post dramatic stress syndrome. She feels the sheriffs dept dropped the ball and was neglegent in the fact they offered no help after the critical incident. Who knows, if I had been given help when I asked, maybe I wouldn't be on probation now. My question is "can any thing be done now"? Was the department neglegent was this some kind of "failure to train"? I had always been a good cop, I never had been in any trouble untill then.

When were you convicted and fired? It might be THAT date from which any SOL for civil action might arise. To be sure, you would have to speak to a labor attorney.

Not knowing Alabama law, I really can't say what your avenues might be. However, speaking from experience as a union thug in CA, I'd say that you are probably on shaky ground. Much depends on what the state REQUIRES your agency to provide in the way of assistance. What covers their tail end is a doctor's release saying that you are "fit for duty". Out here, you would almost certainly have to receive a fitness for duty evaluation prior to returning from administrative leave after the shooting. This would mean that a psychologist or psychiatrist signed off on your fitness for duty. This could very well preclude ANY action against the department.

And there is no "failure to train" for not adequately addressing your post-shooting stress. However, your department may not have complied fully with your state's labor laws as they apply to law enforcement. It could very well be that they failed to provide for adequate counseling. But, your apparent abuse of alcohol - followed by your use and conviction for steroids - muddies the waters a lot.

My recommendation would be that you consult an attorney that specializes in police labor issues. There are too many issues here that can only be addressed by someone with intimate knowledge of Alabama's laws as they apply to you.

I have known a number of people in similar situations to yours. Unfortunately, those that sought help and took action PRIOR to a criminal action came away okay. Those that were convicted of criminal acts found that their claims against their departments fell on deaf ears.

Good luck. And stay off the juice ... both kinds.


- Carl

 

[cbg]

Thanks, Carl.

 

[rmet4nzkx]

There is another option, although many things are not clear, re workers comp, the union contracts, department policy, availability of EAP and chronology of everything, I agree an employment and/or worker's comp attorney, furthermore, IF he was cleared to return for duty and was not ready and asking for help, depending on the referal question, there might be a cause of action against whom ever provided that release and in turn their employer depending on the facts. If the person was a QME they have a standard to meet, if they are not, they still have the standards of care to meet for their licensing requirements.

 

[Tina Rodriguez]

First of all, I am not an attorney. I am a fellow law enforcement officer. I want to thank you for your service. Too bad you had to go thru that situation. I don't know the answer to your problem regarding an attorney. I do know the answer to the mental problem you are or have been dealing with. I went thru a PTSS case myself. I went to a FOCUS Dr. Phycological services. The Dr did this thing with her hand called, EMDR. It is regarding the Eye Movement Desensitization and Reprocessing. A "Self healing" process. It is too involved to write about. Look it up. Francis Shapiro Ph.D. at the EMDR institued, Inc. PO BOX 51010, Pacific Grove CA 93950-6010. It worked for me. I had an fight with a suspect for about 7-8 minutes before he was contained. Unfortunately the suspect died. It was an incustody death. The Dr. was able to utilize the above procedure in just 2 visits my PTSS was gone. No kidding. See for your self. No I don't work for them. This helped me. It also helps folks from FBI, CIA, Military Spec Ops and so forth. Good Luck!