MTRP Detailed Outline (1)
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School
Modesto Junior College *
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Course
218
Subject
Law
Date
Jan 9, 2024
Type
docx
Pages
4
Uploaded by MajorResolveOtter32
MTRP Detailed Outline
I.
Abstract-Death by restraint is an often too common of an incurrence
that happens in may setting that is not widely known or talked about.
Many times death occurs from unjustifiable force and from breaking
protocol and training.
II.
Introduction-Over the last.15
Years
the following 6 deaths were
caused by excessive force and a breach in protocol and training across
various settings including a school, during an arrest, and in a medical
facility.
III.
MARQUAN TEETZ, as Next Friend and Personal Representative of the
ESTATE OF CEDRIC LOFTON, deceased, Plaintiff, v. SEDGWICK COUNTY,
KANSAS, et al., Defendant. (2022)
a.
A 17 year old, 135 pound African American male was killed after
a struggle and being placed in a prone position
b.
“staff unjustifiably and with excessive and un reasonable force
pinned the client to the ground killing the unarmed Cedric Lofton
c.
Parties were “immune from prosecution” due to the states “Stand
Your Ground” law
IV.
Ramona ROGERS, M.D., Modesto Zambrano, Stephanie Cumpian,
Rolando Flores, Hector Ontiveros, Priscilla Nieto, Sonia Hernandez-
Keeble, Blas Ortiz Jr., David Moron, M.D., Jaime Flores and Rio Grande
State Center, Appellants, v. David Saxon BAGLEY, Individually and as
Representative of the Estate of Jeremiah Ray Bagley, Appellee. (2019)
a.
Father of Jeremiah Bagley filed lawsuit after Jeremiah died from
“excited delirium due to psychosis with restraint-associated blunt
force trama”
b.
Bagely was restrained by staff
and injected with an anti-
psychotic drug and a sedative
c.
Autopsy showed Bagely had cracked ribs, contusions on his
head, several fractured vertebre, a lacerated spleen, and
contusions on his shoulders, back, and chest
V.
Death of Jeremiah Flemming (2017)-still trying to find the case
summary
a.
15 year old died in a mental health facility after being placed in a
physical restraint when client did not respond to redirection when
punching a wall
b.
2 minutes into the hold staff noticed the client snoring
c.
Client was later found unresponsive and not breathing, died at
the hospital
VI.
TENIA GOSHAY, PERSONAL REPRESENTATIVE OF THE ESTATE OF
CORNELIUS FREDERICK, DECEASED Plaintiff, Case No. v. Hon. LAKESIDE
FOR CHILDREN d/b/a LAKESIDE ACADEMY; LAKESIDE
ACADEMY; SEQUEL YOUTH SERVICES OF MICHIGAN, LLC; SEQUEL
TSI HOLDINGS, LLC; SEQUEL YOUTH AND FAMILY SERVICES, LLC;
SEQUEL ACADEMY HOLDINGS, LLC; SEQUEL YOUTH SERVICES,
LLC; COLE HODGE (DEFENDANT #1); ZACHARY SOLIS (DEFENDANT
#2); MICHAEL MOSLEY (DEFENDANT #3); ORLANDO LITTLE,
JR. (DEFENDANT #4); COADY RIES (DEFENDANT #5); MAURICE DAVIS
(DEFENDANT #6); JA’SHON CHEEKS (DEFENDANT #7);
BRANDON REYNOLDS (DEFENDANT #8); HEATHER
MCLOGAN (DEFENDANT #9); and BRADLEY HODGE (DEFENDANT #10)
(2020)
a.
16 year old suffered from cardiac arrest and died at
Lakeside
Academy Boarding school due to restraints by staff
b.
Student was restrained and ultimately died for throwing a
sandwich
VII.
Death of Austin Skidmore at Laurel Heights Psychiatric Hospital-still
trying to find official case summary (2016)
a.
After an struggle with a staff member client was placed face
down with a staff member sitting on his midsection
b.
Five minutes later another staff is seen sitting on clients back
while clients arms are above his head and he is face down
struggling
c.
Three minutes later client is turned over and found to be
unconscious
d.
Clients died from chocking on his own vomit
VIII.
Death of Edith Campos (1998)- still looking for official case summary
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a.
15 year old girl refused to give up a picture of her biological
mother having the picture deemed an “unapproved item”
b.
Was placed in a “therapeutic hold” by a man twice her size for
not handing over picture and ultimately died from the restraint
c.
This case is what started/opened the national conversation about
people dying in restraints
IX.
Conclusion-how proper training can lead to less deaths in restraints
COMMENTS:
Hi Ashley
Looks good but what are your two specific laws? 42 U.S.C. 1983 can be one
of them for excessive force.
I take it "stand your ground" is the other law.