A female driver who caused an accident with a life-threatening brain hemorrhage was arrested at gunpoint and charged with being under the influence of alcohol or drugs, but the female driver, who lay motionless on the ground for 24 hours, was arrested by prison staff. It is reported that he was ridiculed and ignored by others. Lawsuit.
Nicole McClure, 40, is suing Washington State Police and the Thurston County Jail, alleging staff ignored her symptoms and deprived her of medical care when her symptoms worsened in March 2022. .
She ultimately had to have part of her skull removed to relieve pressure built up in her brain due to a frontal subdural hematoma. According to the Seattle Times.
“Nicole is a hard-working young woman who will never be the same again,” said her attorney, Anne Vankirk.
“Nicole has suffered a severe traumatic brain injury and is still unable to care for herself or engage with life in a meaningful way.
“If Nicole had sought immediate medical attention, her symptoms would have been much easier to treat and the outcome would have been much milder.”
According to a civil rights lawsuit filed Feb. 1 in Tacoma, McClure left work early on March 21, 2022, complaining of headaches and dizziness.
State Trooper Jonathan Burns spotted her driving about 25 mph in a 40 mph zone, weaving in and out of lanes and crashing into a roundabout, according to the report.
Dashcam footage shows the officer running up to her car with his gun drawn and yelling, “Get out of the car!” Get out of the car now! ”
He accused her of resisting arrest (which she repeatedly denied in a stunned tone), then pinned her to the hood of his car, handcuffed her, and said he planned to use the keys as a weapon. Even criticized it.
“I didn’t know you could pull me over,” she told the officer in a stunned tone.
“I’m really not feeling well,” she tells Burns and her colleagues. “Please don’t arrest me.”
After reading McClure’s rights, Burns asks: “How much alcohol did you drink tonight?” When was the last time you ate? ”
When she denied drinking, he asked: “Ma’am, when was the last time you used stimulants?” …What about heroin? ”
McClure responded, “No…not at all,” and said she was “confused,” “dizzy,” and “really tired.”
The police officer didn’t believe her and told her she would also be arrested for drunk driving, saying, “Everything you’re telling me is that you’re under the influence.”
“No, I’m just really tired,” McClure continues to insist.
Burns then arrested her on suspicion of driving under the influence and felonious flight, according to the Olympian, and stated in a probable cause affidavit that McClure’s eyes were bloodshot, her face was flushed, and her behavior was repetitive. He pointed out that it was correct.
However, even though her car was severely damaged in the accident, they never tested her for drugs or alcohol at the scene, nor did they call paramedics. In his written report, he crossed out the section detailing her medical questions and instead wrote “no questions asked.”
Barnes took McClure to a nearby hospital where he underwent blood tests for alcohol and drugs, all of which came back negative, according to the complaint.
McClure was then transported to the county jail, where he was taunted by guards, the suit alleges.
“Nicole remembers being laughed at and told to ‘try it again,'” VanKirk said.
“Her condition deteriorated significantly and she continued to seek help,” VanKirk said.
“Almost a full day later, she was found in a puddle of her own urine.”
Two prison staff eventually helped McClure onto a cot in his cell after realizing he was unable to stand, according to the complaint.
Ms McClure was then moved to another cell and “forced to change” her clothes when she began “vomiting uncontrollably”.
“A few hours later, members of the prison’s medical team were called and told to take him to the hospital immediately,” the complaint states.
VanKirk said he spent 17 days in the hospital, where McClure underwent emergency brain surgery to remove a large portion of his skull to relieve pressure on his brain and “save any remaining brain function.”
The Thurston County Prosecutor’s Office confirmed it had accepted the lawsuit.
“While we cannot discuss the specifics of pending litigation, we can confirm that the safety of our inmates, staff and the general public remains a top priority for Thurston County Correctional Facility,” spokeswoman Tara Zehlana said in a statement. mentioned in.
Chris Loftis, director of public affairs for the Washington State Patrol, declined to answer any questions, saying the agency does not comment as a “matter of practice and policy.”
But he told the Seattle Times that Burns faced no disciplinary action after his arrest, noting that pointing a gun at someone was not considered a use of force at the time.
He said the policy changed later that year.
Comes with post wire.
