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The Inside Story on Mr. Universe Suing Over Police Scuffle After All
The case of Doug Burns, bodybuilder of Mr. Universe fame and Type 1 diabetic, is in the news again. This weekend, the San Francisco Chronicle and other papers reported that he has filed suit against the city of Redwood City, CA, in federal court for $5 million in damages over what he says was excessive use of police force when he experienced insulin shock in a local movie theater a year ago in April.
A $5 million lawsuit over hypoglycemia? Wow.
According to the lawsuit, Doug was the victim not only of excessive force, but “unreasonable seizure, malicious prosecution, negligence, and assault and battery in violation of his civil rights.” The RC police were in violation of the American Disabilities Act, which in this case covers Type 1 diabetes, he says.
Those of you who follow this blog will remember that we, the diabetic community, stood up for Doug when Redwood City officials tried to pin criminal charges on him, turning the incident around by blaming him for injuring several officers. We helped get the charges dropped. For goodness’ sake, he was wearing a medical ID bracelet, which was ignored, and his blood sugar level was 26 mg/dL when he was arrested.
At the time, he was very clear that he was “not litigious” and wanted only to settle the matter in a positive way, hopefully by working together with officials to help train law enforcement officers to better recognize and treat hypoglycemia — which is all-too-often mistaken for drug or alcohol abuse and the victim handled like a criminal. We’ve all heard the stories of tasers and beatings. Doug stated clearly that he was not out to make money on this incident. He wanted to set the right example for other diabetics by not “playing the victim,” and rather doing something positive for the community.
But last summer, there was already some indication that Doug indeed planned to sue the city for a lot of money. Queried at that point, Doug told me that he’d only filed a claim — not a suit — in order to nudge the authorities at Redwood City to do the right thing, by at least paying his medical expenses for injuries that were quite painful and expensive.
I’m not clear on what constitutes the difference between a claim and a suit, but the Chronicle reports that “the federal case is the upshot of a lawsuit Burns filed in state court in February after Redwood City denied a $5 million claim… Burns dropped the state case, and his lawyers refiled it this week in federal court, which his attorney Michael Haddad said was more appropriate to deal with the civil rights claims.”
Last August, Doug told me: “I wrote to the folks in charge of Redwood City and let them know that I would rather resolve this in a fashion that reflects positively on the city, myself and the PWD community instead of suing. The ball has been placed in their court.”
So what’s happening now? I spoke to Doug on Sunday to get his side of the story, and he emailed me a statement.
According to him, it is true that he had “no initial intent of filing suit,” but he and his attorneys were not able to make any progress at all in cooperating with the city. “I said I wanted to just settle this thing and maybe we can host a kids camp for some education about diabetes, and everything will be taken care of … but they wouldn’t even cover reasonable medical charges. They said ‘we can’t pay you unless you litigate.’”
“With the statute of limitations about to expire, I figured it safest to file — because the attorneys warned me, ‘if you don’t file now, you can never go back and try to reclaim your losses,’” he added.
He also says that numerous contacts in the medical community — including top brass at the ADA and JDRF — advised him not to drop the lawsuit, “because this sort of thing happens too frequently.” The thought process was: “What about the 18-year-old kid who goes through the same sort of thing and ends up dead? You can’t make any difference for them if you just drop it,” he says.
He also expressed frustration that the press never clearly explained the severity of his injuries, making the incident sound like a minor scuffle. He sent me a statement from neurosurgeon Dr. Ronald Greenwald of Mountain View, CA, reporting “a brachial plexus lesion probably involving the posterior cord of the brachial plexus… He has continued to have numbness, tingling and ache, especially in the right shoulder area, numbness and tingling at night.” The police photo of his condition at arrest, shown above, was never previously released or aired, according to Doug.
But in the end, suing for such an astronomical amount is not in his interest, he says. The lawyers jacked up the amount, because they always expect to settle for less.
“Something like this shouldn’t have a $5 million dollar price tag on it. I should have had a better look at the amount. It’s my fault,” Doug told me.
Honestly, this is where I got a little confused, since $5 million is the amount being kicked around since July 2007.
If he should collect on that scale, he says he has many ideas of how to apply the money to the greater good: setting up kids camps, donating to a foundation for underprivileged children, or even hiring a firm to identify other victims of hypoglycemia/police force incidents around the country and paying them retribution funds.
“This has been a nightmare. It’s wrecked me. Honestly I just wanted to wash it off and be done with it… I wish I could push it away in a better fashion than this big lawsuit,” he says.
Dear Diabetic Community: What are your thoughts? What would you have done if you were in Doug’s shoes?
Explore posts in the same categories: D-News Examined
Stories like these are tragic on both fronts, it seems like in a situation like these everybody pays, include the tax payers.
Martha
Posted by: Martha | June 22nd, 2008 at 9:37 pmI understand not wanting to sue, because I’m sure he doesn’t want to re-live the whole thing over and over until his case is settled. On the other hand, in principle he should sue in order to make those cops pay for their horrible behavior. Sometimes the only thing that gets through to people is a big ole price tag - why not 5 million?
Posted by: beth | June 23rd, 2008 at 3:25 amIts too bad that we cant sit down and talk things out like “normal” humans would. It comes down to having to sue. What ever happen to the golden rule or love your neighbor as yourself ? Shame on us for having a disease that you would think people who work in a job that provides service to communities across this county would at least have somekind of ideal or training in emergency situations. When you see a police officer make sure your blood sugar is not low you’ll never know where you might end up at !
Posted by: Jo | June 23rd, 2008 at 4:10 amThere is no excuse for that kind of police action. So legal action seems to be the appropriate answer.
But there isn’t any excuse for going hypo, either. We PWDs don’t have the right of insulin to go hypo and expect the rest of the world to behave reasonable, whenever we don’t.
Posted by: Hans | June 23rd, 2008 at 8:48 amThe only way to ensure you absolutely never “go hypo” is by constantly keeping your levels too high, and even that isn’t an absolute guarantee you won’t “go hypo”. That’s like telling an epileptic there’s no good reason for them to ever have a seizure!
He should sue, especially if he tried not to and they still didn’t pay any attention.
Posted by: Melissa | June 23rd, 2008 at 9:29 amScary situation. If he weren’t Doug Burns MAYBE he wouldn’t have struggled as much and the police wouldn’t have reacted to the same extent.
On the other hand if he wasn’t Doug Burns MAYBE he would be dead by now.
The second alternative seems much more likely to me. I rarely get belligerent when I’m low, but it does happen. And then it’s hard to restrain me.
The police need to understand why this happens and diagnose it (quickly) to they can apply appropriate force. They’re in a tough situation also, because he may have been high and really crazy in a life threatening way.
Hans I have to disagree with you. We can’t control our blood sugar and it can go low unexpectedly. If we’re all wearing CGMS, then I’d agree with you. But in the old days where my BG might have gone from 280 to 35 in a single day it’s not that simple.
From Doug’s description, it sounds like he’s in a tough spot. Let him sue. If he wins and does the right thing with some of the money (after medical and legal costs) then he’d win my vote.
And if he doesn’t, then the truth will come out.
Posted by: Bernard Farrell | June 23rd, 2008 at 12:47 pmHypos aren’t going anywhere until we can accurately measure BG levels, carb counts; the interaction of carbs with fiber, fat, and protein; the effects of exercise and hormones and stress and illness. And probably not until we all become perfect PWDs who never get distracted, mess up our math, or have a forgetful moment.
We have a responsibility to keep ourselves healthy, but this isn’t science and it certainly isn’t simple or easy.
It sounds like if the police department were to just pay his bills, they would be admitting culpability. The way the system is set up, he has to sue to get any money at all.
Posted by: mollyjade | June 23rd, 2008 at 12:49 pmI agree with the sentiments being expressed. It seems that the problem is with a systems that requires a victim to sue in order to receive any reimbursement for their losses. If the police department/city would admit fault and pay a settlement, Doug wouldn’t need to sue.
I believe it’s important that the diabetes community stand behind Doug, because we all know this could happen to any one of us.
Posted by: Kelsey | June 23rd, 2008 at 1:29 pmSuing is the LEAST that should be done. These cops were common bullies attacking a person experiencing a medical emergency. They couldn’t be bothered to reasonably assess the situation, AND they covered it up afterward by slipping his medical ID out of sight.
Why isn’t this in criminal court? The officers involved should not only have their careers ended in disgrace but they should be behind bars for a good long while. They behaved like thugs. That picture of Doug brings tears to my eyes. Can you imagine anything scarier than being in that situation? How is this possible in a civilized society?
This is not uncommon. I have worked in an ER and seen cops drag in patients in dire need of medical attention — people with Alzheimer’s, epileptics in post-ictal states — and often the cops have used these sick and terrified people as punching bags. People are often confused when coming out of a seizure, and one young woman was delivered to the ER with multiple contusions because she was “uncooperative” and “refused to answer questions.” She was incapacitated due to a medical condition, but the cops used this as an excuse to rough her up. I’ll never forget it. The memory of it will never cease to make my blood boil.
Suing is the bare minimum that should be done. How about a public letter of apology from the police department? How about the officers involved standing trial for their actions?
Posted by: Lauren | June 23rd, 2008 at 1:51 pmI agree with Lauren. The police acted criminally.
Posted by: Meg | June 23rd, 2008 at 5:03 pmHowever, how hard is it to carry some form of sugar on your person at all times? The news reports say Mr Burns was at the concession stand in search of candy. He knew he was low. It’s just too bad he had to leave the theater to treat a low. The whole ugly incident would have been avoided had he been able to gobble a bag of Skittles he just pulled out of his pocket. So, I think his story is a cautionary tale. And the police are still criminally and civilly liable for their behavior.
Individuals can bring a “claim” (simliar to a grievance) against the city and its employees without having to undergo the expenses of litigation. The reason Mr. Burns brought the claim first was in the hope that Redwood City would resolve the situation without litigation. Clearly, the city decided not do resolve the matter in this way, forcing Mr. Burns to file his civil suit in order to preserve his rights before the statute of limitations expired as to certain of his causes of action.
Of course, the police officers cannot be held criminally liable unless the DA decides to bring charges. I wonder whether the San Mateo County DA has investigated the matter and considered bringing charges against the officers.
Looking ahead, I foresee the following arguments being made by each side as to the negligence cause of action. Mr. Burns will argue that the police should have recognized his medical ID bracelet and/or the symptoms of hypo and/or that they acted too quickly. The city/police will argue that Mr. Burns was negligent for failing to carry glucose on his body and allowing himself to go hypo. They will also argue that given Mr. Burns size and belligerence, the police acted reasonably and did not have time to determine that Mr. Burns was suffering from hypo. Under California law, to the extent that the police are found negligent, their liability for the damages will be reduced by the proportion that the jury finds that Mr. Burns was negligent.
Posted by: PD | June 23rd, 2008 at 9:17 pmI just can’t get that picture of Doug — battered, cuffed, and horribly hypoglycemic — out of my head. If I were that low I would barely understand what was happening to me, it would feel like a waking nightmare. It is heartbreaking.
I commend Doug for making every effort to turn this into a positive opportunity to educate. Even if the city had been more cooperative, I feel that this still belongs in court, since the police need to be held responsible for their senseless, brutal behavior AND their attempt to cover it up.
If the police had any sense of decency or humanity they would have recognized a human being in need of help. Perhaps Doug wasn’t able to get to fast-acting carbohydrate in time to prevent a low, but that oversight or incidence of poor planning is in no way comparable to the brutal actions of the police.
Posted by: LaurenK | June 24th, 2008 at 12:26 amI think it’s great that he’s suing and getting press about it. The $5 million price tag will get tons of attention and that might be more effective in alerting police to the danger of not checking medical bracelets than anything else. I say it’s great that he’s fighting. And if he does something wonderful with the settlement money, great. But I won’t fault him for keeping it either — he’s taking one for the team and deserves compensation for that as well as his pain and suffering.
Posted by: Jennifer | June 24th, 2008 at 8:25 amIs being diabetic now an excuse for everything?
If a hypoglycaemic driver plows his car into a group of pedestrians, should we pat him on the head and congratulate him on not doing it five times a day, what with this horrible disability?
Stop whining, and start living up to your — our! — responsibilities.
Cheers,
Posted by: Felix Kasza | June 25th, 2008 at 7:44 amFelix.
Felix,
Didn’t you read LaurenK’s comment above? “Perhaps Doug wasn’t able to get to fast-acting carbohydrate in time to prevent a low, but that oversight or incidence of poor planning is in no way comparable to the brutal actions of the police.”
This discussion is about what a reasonable response to the situation at hand would’ve been, not making diabetes “an excuse for everything” as you say.
Posted by: beth | June 25th, 2008 at 9:57 ambeth,
I did read Lauren’s comment It was one the more annoying ones, in my opinion. Lauren would apparently require that all of us be trained enough to distinguish a post-ictal (post-seizure) patient from a drunk and a violent hypoglycaemic patient from a violent non-diabetic (or a violent drunk).
This is too much of a burden to impose on the rest of the world. It is too selfish and too egocentric by far.
Finally, if someone kicks at me, I will run away, or kick back, or restrain that person, according to circumstances. I will certainly not invite the poor possibly-hypoglycaemic kicker to hit me again.
What next, a defence claiming that being a violent drunk isn’t so bad because “the devil alcohol made me do it, your Honour?”
Cheers,
Posted by: Felix Kasza | June 25th, 2008 at 5:05 pmFelix.
Wow. I find your comments incredible, Felix. Yes, I do think that American police should be trained to assess medical emergencies. They have a responsibility to the people in their communities, some of whom have disabilities and medical conditions. Police carry weapons and can use force. So yes, I do think they need to be trained and they need to be held to a very high level of accountability. An Alzheimer’s patient should NOT be roughed up for failing to answer questions promptly. A person having a seizure is not kicking or flailing in an act of violence, that person is having involuntary convulsions. A dazed hypoglycemic man should not be wrestled to the ground and kicked in the ribs. We should all be outraged when such things happen.
Cops signed up for the job. They signed up to “serve and protect” their communities, and protection is what ALL citizens are entitled to.
Posted by: LaurenK | June 25th, 2008 at 10:19 pmA very interesting dilema, I agree with what the official bodies had to say though. I am sick to death of over-arching law enforcement (taser deaths and the like) … and somebody has to draw a line in the sand.
I support his claim.
Posted by: Dan (loves his diabetic socks) Brady | June 27th, 2008 at 12:54 amI think that today there are training measures in place for police officers. A perfect example is the AED thst some towns supply in their police units. I have been a medic in my state for 30+ years and heva trained police in 1st aid,CPR and 1st responders courses. I think every person in law enforcement should be trained from dispatcher to rookie policeman.
Posted by: chas | June 28th, 2008 at 11:14 am