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Mentally Disabled Plaintiff Tased into Unconsciousness in a Salt Lake City Courtroom
- By Kalina Galabova
- Published 04/21/2008
- Politics, News & Issues
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Kalina Galabova
A rocket scientist by education, a writer at heart.
View all articles by Kalina GalabovaA former Southern Virginia University and Brigham Young University adjunct professor of political philosophy and jurisprudence, Dr. Lowery entered the Utah Third District courtroom alone on November 22, 2004, to make oral argument before Judge Anthony Quinn. Two Salt Lake County Deputy Sheriffs sat at the back of the courtroom, one on each side of the door. Other deputies were in the foyer of the courtroom. No members of the public were present.
Dr. Lowery suffered from major depression, bipolar disorder, paranoia disorder, delusional disorder, and psychotic disorder. Judge Quinn granted one of Dr. Lowery’s motions made under the Americans with Disabilities Act, Title II, which allowed for reasonable modifications of court rules, policies, or practices in order to accommodate Dr. Lowery’s multiple mental disabilities.
Near the end of his oral argument, the traumatic content of the argument moved Dr. Lowery into moderate mania, and he characterized a previous crabbed ruling by Quinn as “bullshit.”
Impatient for the speech to end, Judge Quinn took that as an opportunity to order the bailiffs to take the professor into custody and cool him off.
The plaintiff’s state of agitation was caused by his mental disabilities. The deputy sheriffs’ approach only caused the situation to escalate. As five or more Salt Lake County deputy sheriffs/bailiffs seized Lowery from behind, he shouted, “I am cooled off; I deserve to be heard— I deserve to be heard, your Honor, and you are violating my access to due process at this very moment. I am not violent and—“
Judge Quinn interrupted him with ordering the bailiffs to take Dr. Lowery to a holding cell. A split second later—unclear whether following the judge’s orders or acting on his own accord, a bailiff sent 50,000 volts of incapacitating electricity into the lower back of the unsuspecting professor. As the courtroom video shows, nothing in Dr. Lowery’s behavior suggests that the bailiffs had any reasonable motive to believe they or the judge were in physical danger.
Yet the taser gun fired more than once.
The repeated electric shocks blew Dr. Lowery over the podium, and he landed face down on the floor, with two bailiffs on his back. The electric blasts caused Dr. Lowery’s bowels to empty twice. He screamed, “Help me!” while he complied with a bailiff’s order to stay on his belly, neither capable nor willing to offer resistance. Then, suddenly, he went unconscious.
Remembering they were still on camera, the bailiffs shouted at Dr. Lowery to not resist again (though his resistance was only instinctive) and threatened him with more electrocution. When they realized that he could no longer hear them, they dragged the man across the floor, put him in a chair, and massaged his heart. One bailiff called for paramedics.
The bailiffs put the unconscious and still handcuffed professor into a courthouse elevator. When they reached the bottom floor of the courthouse to meet the paramedics, they threw the professor on the concrete floor on his back.
The impact with the floor and the pain in his cuffed wrists caused Dr. Lowery to regain consciousness. He heard the bailiffs taunting him. He also heard one bailiff using a walkie-talkie say, “Hey, this guy is a mental case!”
The bailiffs then got quiet. Dr. Lowery went unconscious again.
Paramedics took Lowery to LDS Hospital, where he was awakened with a medical substance. He found himself handcuffed to the hospital bed and in a state of cycling mania and major depression.
While the doctor questioned Dr. Lowery about the beating and electrocution, one of the deputies told Lowery to shut up. The policemen also refused to allow Dr. Lowery to phone his psychiatrist or his psychotherapist.
After examining him, the doctor induced Lowery to sleep for some hours. The professor woke up in the presence of only the doctor and a new deputy sheriff who appeared to be kind and compassionate. His last name was also Lowery.
Yet, when the doctor wanted to put Dr. Lowery in the LDS Hospital psychiatric ward, the “kind” policeman forbid it. He took the professor to jail instead.
Dr. Lowery was released that night. No charges were levied against him.
After a visit with his psychiatrist, it became clear that the shockingly brutal treatment in the courthouse had caused Dr. Lowery unrepairable brain damage. Given the hundreds of examples of taser effects on the health and state of disabled people or people on medication/drugs, the abuse of authority by both Judge Quinn and the deputy sheriffs could have even lead to the death of their victim.
Adequately trained and competent bailiffs should know what is appropriate in any situation. Those in Judge Quinn’s courtroom responded with force to a situation that could and should have been resolved verbally. Their inappropriate actions had not been provoked. The bailiffs did not give a verbal warning before using their tasers; they treated a law-abiding citizen as a criminal.
With odds of six against one, the 53-year old university professor was hardly a danger. He made no attempt to fight them; he wasn’t even facing them. They tased him while he was looking the judge in the eye, asking him not to violate his right of due process. Such actions are nothing less than a pure display of aggression and/or incompetence.
The judge had also neglected the universal knowledge that calming mentally disabled people down verbally should come before using force, especially in the courtroom where he had allowed for reasonable modifications of the rules, policies, and practices to be made in order to accommodate Dr. Lowery’s five severe and persistent mental disabilities. The plaintiff’s outburst was caused by his mental disabilities, and ordering the bailiffs to cuff him was the wrong thing to do. Judge Quinn violated the Americans with Disabilities Act, Title II, and this is grossly unacceptable.
Since no one but the victim and the abusers were in the courtroom, this crime remained unknown to the public until recently. After more than three years of trying to cope with his impaired brain functions, Dr. Lowery has filed a criminal complaint against Judge Quinn, the Salt Lake County Sheriff’s Department, the State of Utah, and Salt Lake County.
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10 Responses to "Mentally Disabled Plaintiff Tased into Unconsciousness in a Salt Lake City Courtroom" 
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said this on 20 May 2008 8:59:49 PM EDT
This police brutality on a mentally disabled plaintiff in a civil court case is unconscionable. This Judge and these policemen should be fired, criminally prosecuted, and sent to prison.
Why are the police across our nation becoming more and more brutal as the days pass??!!!!!!!! |
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said this on 21 May 2008 11:05:12 PM EDT
I am asking myself the same questions...
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said this on 28 Jan 2009 2:27:01 PM EDT
Because we the voters are letting them. They can't rule us this way (or any other) without our permission. Remember? We're Americans.
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said this on 31 Jan 2009 9:59:19 PM EDT
Yes, but don't forget that Utah is a bit weird. It is governed by unwritten laws that do not require the permission of anyone but a selected few (a prophet and apostles).
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said this on 15 Dec 2008 1:32:35 PM EDT
We are dealing with the Taser issue and treatment of people with diagnoised brain disorders here in Columbia, Missouri. Recently we had our police department announce additional Crisis Intervention Training for our police force to work with mental health professionals and the judicial system.
Obviously this man's intellect was hampered by his emotional challenges as he entered into a situation without an advocate present. The judge, in my opinion, lost patience and everyone over-reacted to a man trying to defend himself in a physical non-violent manner. I saw no reason for the Taser and any of the overt physical abuse. The words used by the supposed "cool under pressure professionals" was non-existant." Shame on them. "Bullshit" followed by "I'm cool now" was followed by action of a judge who just didn't want to accept the possibility that this intelligent/upset man was able to regain his composure. It was the judge's duty to give this guy due-process then and there. All too often, judges look down on individuals who represent themselves without an attorney. They look down even more on those diagnoised with brain disorders. The judge should be thrown into jail for allowing this to escalate. The professor deserves to be compensated accordingly. This was very disturbing to see and learn about. Why hasn't this gone national? |
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said this on 31 Jan 2009 9:24:54 PM EDT
Perhaps the Salt Lake Police Department is waiting for someone to be killed before additional/improved taser training is introduced. The local ABC 4 channel did air a 2-minute story on this courtroom brutality, but, unfortunately, it did not attract the attention of CNN or some other non-local channel. The issue does need to be exposed nationally, as here, in Salt Lake City, incidents like this are hushed up quickly.
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said this on 27 Jan 2009 1:17:46 AM EDT
Criminal complaint, yes, but he should also file a gazillion dollar civil lawsuit for tortious battery and intentional infliction of emotional distress.
Make the city pay and pay and maybe THEN they'll institute some policies that make sure this doesn't happen again. |
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said this on 31 Jan 2009 9:49:02 PM EDT
I agree. Unfortunately, Dr. Lowery cannot afford a lawyer, and none of the lawyers he has contacted is willing to help him sue a judge, as this may negatively affect the outcome of their future cases. Dr. Lowery is not giving up, and I hope he will be granted a hearing because the case will expose a number of grave injustices--from the improper use of tasers to lies under oath to unpunished offenses by high-ranking Mormons. A court appointed examiner had reported that Dr. Lowery had been tasered at least eight times during the courtroom incident. I recently discovered that the Salt Lake police had issued a report to justify such extreme actions. Dr. Lowery was the injured party, but, instead, he was charged with Assault on a Peace Office for allegedly kicking one of the officers AFTER the first taser shock!!! I wonder how this officer's body would have reacted after an unexpected taser blast from behind... The police report also states that the court staff was notified (unknown by whom) that Dr. Lowery had previously threatened Judge Quinn, so the bailiffs supposedly acted as they did in order to protect the judge. The truth is, Dr. Lowery never issued a threat against Judge Quinn, and this lie was fabricated precisely so a gazillion dollar lawsuit is avoided.
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said this on 27 Jan 2009 6:28:39 AM EDT
"Why are the police across our nation becoming more and more brutal as the days pass??!!!!!!!!"
Because the idea that we are a land of freedom and justice and equality before th law is a lie; the truth is that we live under an authoritarian system, one that increasingly becomes ever more a police state. We are no longer considered citizens; to the capitalists we are merely "consumers," to be fleeced of our money, and to the authorities we are all intrinsically suspect, prisoners who simply haven't been put in jail yet. Oh, and despite the government's lie that "we don't torture," we torture every day in our country, with the taser simply the most evident and widespread torture tool in the public eye. |
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said this on 27 Jan 2009 12:01:11 PM EDT
Its not "police brutality" if the cops are trained to use the taser that way. Cops are trained to use the taser for compliance. All the talk about tasers being used for self-defense is a lie. Cops nationwide are trained to use the tasers in precisely these situations. The taser is a cattle prod for compliance and that's what it was designed for. They should be banned.
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