University Hospital nurse Alex Wubbels has agreed to a $500,000 payment to settle a dispute over her arrest by a Salt Lake City police officer after she refused to draw blood from an unconscious patient who was a victim in a traffic accident.
Alex’s attorney, Karra Porter, said at a news conference that the agreement with Salt Lake City and the University of Utah covers all parties and takes the possibility of legal action off the table.
The video of Alex being arrested, and Jeff Payne, the arresting officer’s disrespect that Alex was complying with hospital policy, was reported on this blog.
Alex plans to use a portion of the money to help others get body camera footage at no cost. Her attorney’s law firm, Christensen & Jensen, will provide free legal services necessary to obtain the video.
“We all deserve to know the truth and the truth comes when you see the actual raw footage and that’s what happened in my case,” Wubbels said. “No matter how truthful I was in telling my story, it was nothing compared to what people saw and the visceral reaction people experienced when watching the footage of the experience that I went through.”
Porter noted that body camera footage also protects law enforcement officers.
Alex will make a donation to the Utah Nurses Association and will help spearhead the #EndNurseAbuse campaign by the American Nurses Association. Read the rest of this entry
Fourth Amendment of the U.S. Constitution
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
Here is a disclaimer that might be necessary because of people who want to pick at every word I write to falsely accuse me of practicing law or trying to be a lawyer. What follows regarding the constitution and state rights are things that I learned in my senior year of high school. My freshman year college political science class and junior college class in business law also play significant roles in what I learned and retained about courts and the law. So there!
When I heard about Alex Wubbels, the nurse in Utah who was taken into custody for refusing to allow a blood draw on an unconscious patient, it was as if I was taken back into time. Not only was I taken back in time to remember those political science, social studies and business law classes, but also because I thought the controversy over blood draws and hospitals had been resolved years ago.
When reading the opinions of some others, I wonder if the books assigned to classes or even the teachers or professors fully addressed that the issue in America’s Civil War was over the rights of the states? That war was to decide whether the federal government had political power to regulate or abolish slavery within individual states. The federal government did abolish slavery in the land, and also gave states the right to legislate their own laws as long as those laws do not violate the U.S. Constitution.
When the Supreme Court of the United States decides to hear cases involving state laws, they decide them based on the U.S. Constitution. Read the rest of this entry