Nurse Arrested Because She Would Not Draw Blood Without Consent

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  • rambone

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    A DUI suspect was brought to a hospital. A police officer arrived concurrently. He wanted blood drawn from his subject immediately.

    I believe the rule is that the patient must give consent to this action. Hospital rules said the patient also had to be admitted before this action would be performed. The nurse insisted on sticking to the rules.

    The officer didn't like this reply and arrested her.

    Video at the source.
    Nurse arrested on the job sues police - 9/21/09 - Chicago News - abc7chicago.com

    September 21, 2009 (CHICAGO) (WLS) -- A nurse is suing the Chicago Police Department after her arrest at Illinois Masonic Hospital.

    Lisa Hofstra was handcuffed when she did not give a DUI suspect a blood test.

    Hofstra claims she told the arresting officer that the suspect would have to be a hospital patient first.

    The nurse held a press conference on Monday to announce that she has filed the lawsuit over the disputed blood test.

    Lisa Hofstra says she encounters police officers all the time during her work in the emergency room, has a good relationship with them and would not want to keep them from doing their jobs. But she says she was just trying to do her job last month when she was arrested.

    "I still can't believe that happened. I did absolutely nothing wrong," said Lisa Hofstra, emergency room nurse.

    Lisa Hofstra was in charge of the emergency room at Illinois Masonic Hospital in the early morning hours of august first when she says an already hectic shift took a turn for the worst.

    "This particular officer was quite belligerent with me and staff from the second he walked in our doors," said Hofstra.

    Hofstra says the officer brought a suspected drunk driver into the ER and demanded a blood alcohol test for the woman.

    Hofstra says she explained that it's hospital protocol to first register a person as a patient before conducting a medical procedure. That's when Hofstra says the officer became argumentative with both her and her supervisor. At one point, he had to be removed from the nurses station by security but he came back.

    "He snucked up behind me grabbed my arms. I didn't even realize what was happening...I just saw the faces of the people in front of me before I realized I was in handcuffs," said Hofstra.

    Hospital surveillance video shows Hofstra in handcuffs, being walked out of the hospital and into the back of the officer's squad car.

    Her attorney points out that the officer is seen smiling while she sat for 45 minutes before being released.

    "Literally he held her hostage until there was a blood test done," said Blake Horwitz, Hofstra's attorney.

    Horwitz filed a lawsuit on her behalf against the city of Chicago and the officer, alleging excessive force and false arrest.

    "I would like this officer to be reprimanded for doing this. I don't like the thought of him being on the street," said Hofstra.

    Hofstra is filing this lawsuit on her own, independent of the hospital. There is no comment on the matter from Illinois Masonic.

    This case is also being reviewed by the Independent Police Review Authority.
     
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    danmdevries

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    Wow...

    I hope he gets in as much trouble as she would had she drawn the blood without consent or court order. I.E. Losing job and title for life plus criminal charges of assault and battery.

    But, it's Chicago. I've been held at gunpoint by Chicago police for having tinted windows while they searched my car without consent and then left the scene with my posessions all over the ground.
     

    Beau

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    There is a bad apple in every bunch. Or is it three in this case? Seems to me the other two officers standing around are just as guilty as the officer who put her in the car.

     

    mettle

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    Wow...

    I hope he gets in as much trouble as she would had she drawn the blood without consent or court order. I.E. Losing job and title for life plus criminal charges of assault and battery.

    But, it's Chicago. I've been held at gunpoint by Chicago police for having tinted windows while they searched my car without consent and then left the scene with my posessions all over the ground.

    Do you live there? Move, and get out of there.

    To the OP, I hope they completely fine and fire him.
     

    SavageEagle

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    They tried to force me to take a blood test in Morgan County. Told them they weren't sticking a needle in my arm and they took me to Morgan County Hospital anyway. I continued to refuse and the Deputy got pissed. Didn't arrest me, but boy was he pissed! :laugh:

    I hope they fire this idiot. I don't think the other officers should get fired. Maybe they didn't know the law either. As long as they didn't partake in the arrest but were just THERE then I don't see MUCH of a problem. Maybe some education is in order...?

    Do you live there? Move, and get out of there.

    I've been telling people that for years. Apparently those that DO live there like it there... :dunno:
     

    SavageEagle

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    Cause I was young and dumb and ran a stop sign on Greencastle road. Said if it was my time to go it was my time to go. Unfortunately, it was my S10's time to go along with a brand new Honda... :dunno: THANK GOD no one was hurt. Cheating women make teenagers do stupid stuff.
     

    Kirk Freeman

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    Just what CPD needs, yet another lawsuit.

    My CPD story: Chicago cops tried to shake my friends and I down on our way to Lem's BBQ. Our "fine" was to be payable to him for a laundry list of offenses.:rolleyes:
     

    jedi

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    Wow...

    I hope he gets in as much trouble as she would had she drawn the blood without consent or court order. I.E. Losing job and title for life plus criminal charges of assault and battery.

    Not good enugh... Yes that officer needs to be brought to justice but in the suit I would also make the city PD "pay" as well. Not money wise but in time and re-education. Make the PD take week longre-education courses on the proper use of force, make the PD have to do some type of community service, etc... In essence punsih the entire lot for the mistake one 1. Why?

    When the city or PD just pays a fine they learn NOTHING! The insurace and/or tax payers cover it. But when you make the individuals of that team all hae to "pay" they will think twice the next time anyone of them attempyts to abuse power since all of them wil be forced to "pay".
     

    IndyGunSafety

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    A DUI suspect was brought to a hospital. A police officer arrived concurrently. He wanted blood drawn from his subject immediately.

    I believe the rule is that the patient must give consent to this action. Hospital rules said the patient also had to be admitted before this action would be performed. The nurse insisted on sticking to the rules.

    The officer didn't like this reply and arrested her.

    Video at the source.


    It bothers me that the hospital has not exactly stood behind her. She was covering their butts as well. It's not like he had a warrant in his hands. Even so I can't imagine the hospital would conduct any tests without the suspect being admitted as a patient.
     

    Libertarian01

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    To All,

    I'll go a step farther: I hope the belligerent is arrested and serves time for civil rights violations.

    This is the problem when anyone with any authority is allowed to abuse it with impunity.

    A good friend of mine may well die due to abuse from a police officer who didn't like the fact that my friend wouldn't bow down to his buddies badge.

    There are many good cops out there, but the older I get the higher the percentage of bad cops that I see. Without direct punishment for his actions the entire force will learn only that their badge protects them from abusing the citizens they are supposed to be serving.

    Regards,

    Doug
     

    HandK

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    Way Up North!!
    I do not know IL law, with that being said here in MI if we take someone to the hospital to draw blood, We have a court order signed by a Judge to do just that! if she or the hospital refused they would be in contempt of court, In MI a signed Search Warrant is the only way we can draw blood from a DUI suspect.
     

    Indy317

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    When the city or PD just pays a fine they learn NOTHING! The insurace and/or tax payers cover it. But when you make the individuals of that team all hae to "pay" they will think twice the next time anyone of them attempyts to abuse power since all of them wil be forced to "pay".

    The city pays because it is cheaper than giving the cops raises. You get what you pay for:

    From the CPD website:

    Home Purchase Assistance
    Annual Uniform Allowance of $1,800
    Annual Duty Availability Bonus of $2,920
    Starting Salary of $43,104, then $55,723 after one year, then $58,896 after 18 months.

    Chicago is a very costly area to live in. The CPD cops barely make more than IMPD or Indy area cops. Not only that, they don't get take home cars. Compare that to NYPD. NYPD top out pay at 5.5 years is $76K, with a total pay package worth $90,800 (and this doesn't include over-time). The top out pay for Arlington Heights, IL, not that far from Chicago, was $58K back in 2002, my guess is that it is now higher than CPD pay.

    Anyone who is good at being a police officer will likely leave for higher pay at surrounding departments. Starting pay out in LA with a four year degree is $61K. Sounds like the people who run Chicago just don't care to have any sort of competitive pay.
     

    danmdevries

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    Do you live there? Move, and get out of there.

    To the OP, I hope they completely fine and fire him.

    Not anymore I don't, I got out and moved to America. Long story but it wound up with me learning the necessity to protect myself and those close to me. Since IL doesn't believe in the right to self preservation, I left.

    And for the competitive pay statement: I'm currently seeking employment in Chicago. In NWI I don't and can't receive a wage that I would consider in line with my responsibilities.
     

    jedi

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    The city pays because it is cheaper than giving the cops raises. You get what you pay for:

    From the CPD website:

    Home Purchase Assistance
    Annual Uniform Allowance of $1,800
    Annual Duty Availability Bonus of $2,920
    Starting Salary of $43,104, then $55,723 after one year, then $58,896 after 18 months.

    Chicago is a very costly area to live in. The CPD cops barely make more than IMPD or Indy area cops. Not only that, they don't get take home cars. Compare that to NYPD. NYPD top out pay at 5.5 years is $76K, with a total pay package worth $90,800 (and this doesn't include over-time). The top out pay for Arlington Heights, IL, not that far from Chicago, was $58K back in 2002, my guess is that it is now higher than CPD pay.

    Anyone who is good at being a police officer will likely leave for higher pay at surrounding departments. Starting pay out in LA with a four year degree is $61K. Sounds like the people who run Chicago just don't care to have any sort of competitive pay.

    True, True but what I am getting at is the nurse suing is now ONLY looking out for herself interns of $$$$. This is probably due in part by her lawyer who knows he may have a good case and is gonna make some big time $$$ of this.

    What I am saying it if it way mean they can keep their money. I want the to suffer and really pay for what they have done. By the city paying out money they are not going to suffer. No, I want the judge to force them to take re-education classes for a long, long time. I want them to have to do some type of give back to the community programs. And by them I mean EVERY ONE in the police department. From the intern to the police chief. This way they all learn that if one of them messes up they will all pay for it.

    You start doing this and sooner or later they are going to beat the crap out of each other and keep themselves in check. Are you, say policeman Joe, going to want to have to go back to the 4 hour weekly re-education class for 1 year because your dumb partner can't keep his anger in control and abuses his power? I don't think so.

    Money means nothing to the city, they will raise the taxes and give that nurse her money. But that too me is an empty win. Evil, perhaps, but we give them the power to enforce our laws and they need to understand that WE (the people) are the ultimate boss. They jack us up we will JACK them up to the point where they **WILL** think twice next time.

    You wanna know how to get them? They pull a knife, you pull a gun. He sends one of yours to the hospital, you send one of his to the morgue. *That's* the *Chicago* way! And that's how you get them.

    In this case the morgue is forcing all of them to pay a punishment for the mistake of 1.
     

    Prometheus

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    There is a bad apple in every bunch. Or is it three in this case? Seems to me the other two officers standing around are just as guilty as the officer who put her in the car.

    EXACTLY!!!!

    I am tired of the witness LEOs who do nothing to stop their fellow 'brothers' getting off scott free. I consider them accomplices to the crime(s).
     
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