USA - Is this legal? Being force injected with ativan while drunk?

[ChoppedandFaded]

So swim got into a bit of a tussle with a stranger at a place of business and was drunk at the time. The pigs show up and proceed to tackle swim and tase him as he was attempting to leave. As swim is being put into the squad car one of the officers blows him a kiss through the window (quite unprofessional in swims opinion seeing as they'd already clearly won by tasing him and having him in the back of a squad car. blowing kisses at that point just seems rude)

After this swim is transported to the hospital and strapped to a bed where there are atleast 10-15 people forcing swim down. they put him into restraints and he hears the following words "get the ativan, IV stat".

Swim is forceably protesting at this point by yelling at the staff that he refuses to be injected with medications against his will. He repeatedly yells this is wrong and that he doesnt agree to being given any drugs against his will. after they continue to proceed with injecting swim once he attempts to get out of the restraints and makes a clear struggle to leave. he yells some more and threatens to spit on the staff at which point a spit hood is thrown over his head.

they cut off swims shorts and a mexican man rams his forearm into swims head as they hold him down and proceed to IV him 3 different times with ativan. one other nurse jumps on top of swim and proceeds to cut off his boxers and inject him again with ativan. at this point they place a catheter on swim and swim doesnt wake up till late the next morning feeling drugged and incoherent.

Swim was clearly drunk and uncooperative in this situation but can the hospital staff legally inject swim with medications against his will when he is actively protesting it? Swim has seen many drunks dealt with by law enforcement but never seen or heard anything this barbaric occuring before. swim always assumed they put the drunk into a drunk tank and monitored him until sober. swim was about 15 beers deep and pretty drunk but definately not incoherent and made many attempts to protest being forced medications such as saying things like "You're not iv'ing me. I do not consent to any medications. this is wrong, i would never do this to you if i was in your position."

so basically my question is, is it legal for a hospital staff to have 10 members strap someone down on a bed and IV him medications against his will? One or two of the hospital staff were extremely aggressive with swim and his entire body has bruises including a huge bloody sore where he was iv'd.

thanks for any and all help. this is in the US aswell

[RaverHippie]

If it requires ten people to restrain you, then they definitely need to stabilize you somehow and the only way left is through sedation. I'd imagine this to be common practice honestly as gruesome as it sounds.

[ChoppedandFaded]

whether or not this is common practice is not swims concern. swim is concerned over how legal this is. it seems the officers could have easily taken swim to the county jail and put him in a drunk tank to sleep off the affects of the alcohol. clearly swim wasnt going anywhere with 2 officers while in handcuffs.

is it legal for hospital staff to force medications against someones will? what if swim had been alergic to ativan? this seems an unconstitutional and dangerous practice to swim

[sirmoonie]

Originally Posted by ChoppedandFaded

is it legal for hospital staff to force medications against someones will? what if swim had been alergic to ativan? this seems an unconstitutional and dangerous practice to swim

In my opinion, and I know quite a bit, it is highly unlikely that the government can legally inject you with Ativan for the reasons it appears to have done so. Some drugs that treat medical conditions, especially ones threatening your own life or limb, can be given no matter what you say - but sedation as a means of law enforcement sounds shakey to me. Not even freakin' Radio Rahim got hit with a tranq dart, man.

I'd do what someone else suggested and contact the ACLU. If they aren't interested, check with some civil rights attorneys that sue municipalities (i.e., cops, agents).

I'll ask around myself, I have access to info......

[missparkles]

Originally Posted by sirmoonie

In my opinion, and I know quite a bit, it is highly unlikely that the government can legally inject you with Ativan for the reasons it appears to have done so. Some drugs that treat medical conditions, especially ones threatening your own life or limb, can be given no matter what you say - but sedation as a means of law enforcement sounds shakey to me.

The point I'd like to make is about the words I've highlighted, in the above post. It wasn't sedation as a means of law enforcement. As soon as the OP entered the ER and was assessed by a doctor, he ceased to be under the authority of the law enforcement officer. By taking him to hospital the cops actually passed over responsibility for this person, and it became a medical issue. When the OP had sobered up, he could be seen as medically fit and no longer able to harm himself or others, and he'd be discharged. Then he ceases to be the responsibility (officially) of the doctor or the hospital.
I'm not saying this is fair, or that it was done legitimately, it may have been an underhand tactic the cops used to control the OP. But to be honest, unless you have all the facts, from all three (OP, cops and doctors) you're never gonna know exactly what happened. But looking at it as it stands, I think it has a "snowballs chance in hell" of being prosecuted successfully, that's if any lawyer can find there's actually been an infringement of the OPs rights.
But I could be wrong, I usually am.
Sparkles.

[homer2020]

Let's remember he was in a fight (at least that's what I understood). They would have to check him out to see if he was OK, after being unco-operative they decided to inject him with a sedative... seems legal to me.

[sirmoonie]

Originally Posted by missparkles

The point I'd like to make is about the words I've highlighted, in the above post. It wasn't sedation as a means of law enforcement. As soon as the OP entered the ER and was assessed by a doctor, he ceased to be under the authority of the law enforcement officer.

You're right. I should have read that a lot closer than I did. His repeated reference to law enforcement and that it took 10-15 people to restrain him, just had me assuming that it was law enforcement that injected him, or that they were present, maybe participating, and that it was done at their request.

It would be different situation in a medical setting, although I'm sure there is still a legal standard as to what measures they can take.

The best way to placate a drunk is to give them more booze!

[old hippie 56]

Contact a lawyer or the ACLU, see what they say about it. Sounds awfully fishy to me.

[runitsthepolice]

Originally Posted by old hippie 56

Contact a lawyer or the ACLU, see what they say about it. Sounds awfully fishy to me.

Theres an old saying, something like when you can't figure out who's at fault sue them all and let the courts figure it out. It seems like swiy should contact a lawyer, this does sound questionable.

[ChoppedandFaded]

Swim is currently indigent and cannot afford legal services? What is his best route of action?

[runitsthepolice]

Most litigators don't charge a fee unless you win. Their whole job is suing people in civil court to get money damages for their clients. They then take a percentage of the judgment. Talk to one of those.

[pinksox]

so basically my question is, is it legal for a hospital staff to have 10 members strap someone down on a bed and IV him medications against his will? One or two of the hospital staff were extremely aggressive with swim and his entire body has bruises including a huge bloody sore where he was iv'd.

Yes, Absolutely.

If SWIY was drunk and combative. Admittedly, in an altered state. He posed a danger both to himself AND to personnel caring for his drunk ass.

SWIY was treated under what is known as "implied consent." Being that he could not legally give informed "express consent" under the influence. There's absolutely no legal basis to sue anyone...and actually SWIY is probably damn lucky none of the medical professionals sought to press assault/battery charges against him as SWIM is sure a few of them probably came out of the experience with a few bruises as well.

Next time, SWIY should just try chilling and going with the proverbial "flow." Being drunk and taking on police and ED staff is only going to wind up badly for any SWIMMER. They were nice to give SWIY ativan instead of knocking his ass out with something stronger and intubating him until he sobered up(SWIM's preferred method...much quieter).

If SWIY was out of control to the point he got tased, arrested, taken to the ED..where he was STILL combative and it took MULTIPLE people to control him...there was no way in hell he could legally consent to anything. Seriously, what were they supposed to do with SWIY?

SWIY can try I supposed...but SWIM seriously doubts they'll get very far.

Reputation Comments on this post:

Good point, hadn't thought of that.

[old hippie 56]

My question is what provoked them to take the arrested person to the hospital?

[shadowchaser]

Originally Posted by old hippie 56

My question is what provoked them to take the arrested person to the hospital?

Being tased? seems a sensible precaution, what with putting x thousand volts through someone. now if they'd just taken him the station and something happened to him they would be open to all sorts of shit.

[BigDonJuan73]

It would be in the hospitals best interest of its employees and patients safety to restrain the patient by whatever means possible.

Swim doesn't see how this could be won in a court of law, from the simple stand point SWIY was drunk and now has no crediblity. SWIY should be glad they weren't ticketed again for disordely conduct and/or charged money for the medications they administered, which are sure to be costly.

[sirmoonie]

Originally Posted by BigDonJuan73

Swim doesn't see how this could be won in a court of law, from the simple stand point SWIY was drunk and now has no crediblity. SWIY should be glad they weren't ticketed again for disordely conduct and/or charged money for the medications they administered, which are sure to be costly.

It's an absolute myth that drunk people are not considered credible in court. Juries are full of drunks, and will gauge crediblity accordingly.

Winning isn't necessarily the issue - settlement is as well. My guess is that municipalities don't like legal press about shooting people up with Ativan against their will. He has settlement leverage. If he's willing to get his name thrown around as an aggressive, idiotic drunk - and he appears not to care too much about that - he's got no reason not to run this one up and see what he can get.

sirmoonie added 3 Minutes and 53 Seconds later...

Originally Posted by pinksox

There's absolutely no legal basis to sue anyone...

Basura! Basura, mang.

He's got plenty of legal basis to sue.

[Woodman]

If SWIY was drunk and "uncooperative", he's probably luck he wasn't charged with being drunk and disorderly, maybe even resisting arrest.

You never did mention the primary reason the cops were called in the first place.

When you go out and get shitfaced to where the cops have to be called, you better be on your best behavior when they arrive. SWIY obviously wasn't.

... and YES, they had the right to squash his ass and sedate him, but even there he got lucky again because under the circumstances hospital staff might also have been within their rights to placed him in the psych ward with all the nuts.

It sounds like SWIY does not appreciate his good fortune.

[cyberslick18]

I agree with the poster above.

While it may teeter on illegal what they did, what you did likely was well into illegal.

If it honestly took ten people to restrain you, I'd say you posed a pretty big risk to many people, and it sounds like the appropriate measures were taken.

Keep us updated though if you do decided to pursue the legal route!

[missparkles]

This sounds extremely unusual, whichever country it's in.
Firstly all doctors know the risks of giving benzo's to someone who has been drinking, it's extremely dangerous, normally an anti-psychotic would be injected.
So I have to assume there was some reason for this?
Could the OP have been having a seizure?
To be honest, the fact that you were taken to hospital by the police gave the hospital staff permission to do virtually whatever they thought necessary to sedate you.
As far as they're concerned they were giving emergency treatment to prevent you harming yourself or others, the fact that you threatened to spit at them will confirm this.
In the UK, you'd have been injected with Largactil Anti-psychotic) and put on a mattress in a bare room.
This all sounds wrong somehow, is there something the OP has left out?
I don't think you'd have a legal leg to stand on if you went ahead with a prosecution against the staff, to be honest, they'll just say it was necessary.
If anything, as has already been said, you're lucky they are not pressing assault charges against you.
Sorry if this isn't what you wanted to hear.
I'd draw a line under it, chalk it up to experience, and move on. Hope the bumps and bruises go soon. A cold compress put on them will ease the pain and any swelling.
Sparkles.

[Tom Cruise]

oh wow
swim has never heard of anything like this in mil-town or any surrounding cities, it does seem like swiy caused quite a ruckus though so swim doesnt believe swiy would be able to sue the hospital
swim has also known the milwaukee cops to be rather nice, much unlike where he lives.
whatever swiy chooses to do, good luck!

[EyesOfTheWorld]

Unfortunatly SWIM thinks you don't have a case. If physical restraint doesn't work, emergency personnel are allowed to use chemical sedation.
OTOH, SWIM loves intravenous benzos, and has acted out before in hospital type settings just to get his shot

[Dickon]

Let's also remember that the person who started this thread has not been here for 6 months or so!

[missparkles]

That's true, perhaps he won his lawsuit and is on a beach in the Bahama's.
It would be interesting to know if he got legal advice, and how it all unfolded, or unraveled, as the case may be.
Still a thought provoking topic. What are the police allowed to do, and what can anyone do if they step over the line? What constitutes stepping over that line?
Sparkles.

[SirD420]

OP you got owned lol. Dude id be pissed the pig blew a kiss at you, what a faggot.

Reputation Comments on this post:

	unnecessary, contributes nothing to the thread & is presumptuous & disrepectful - who said the cop and/or OP was...
	This is absolutely the opposite of the level of discussion expected here on several levels.

[sambo]

At that point they prolly werent treating SWIY like SWIY were drunk, they were treating SWIY like SWIY were having a psychotic episode, basically like SWIY are crazy and they have no other choice. Basically like they do to the loonies in the loony hospitals they have to calm them down some how and if one of the loonies refuses to take their meds they will force them to take them.