Pennsylvania state police officers do not have immunity from claims that they tortured a woman with pepper spray, cold water and urine while she was in custody and restraints, a federal judge ruled.

From:
Courthouse News Service
By ERIN MCAULEY

(CN) - Pennsylvania state police officers do not have immunity from claims that they tortured a woman with pepper spray, cold water and urine while she was in custody and restraints, a federal judge ruled.

State troopers took Derena Madison into custody after a 2:30 a.m. traffic stop in which they arrested her friend for driving under the influence. When officers said they would tow the car, Madison exited to protest. Police arrested her for public drunkenness and disorderly conduct, putting her into handcuffs and restraining her feet with manacles.

While she was restrained and shackled, she claims that Officer Chad Weaver "twice sprayed [her] face, head and body with pepper spray, without justification... for the purpose of torturing her."

In response to her calls for help, she says several officers carried her outside the barracks and doused her with large quantities of cold water, after which she blacked out momentarily and fell to her knees in the snow. "When she regained consciousness," Madison allegedly "felt and smelled urine on her head, face, neck and person. She believes that while she was unconscious, one or more of the defendants urinated on her."

Madison says she never received medical assistance or an opportunity to decontaminate from the pepper spray. She sued Officers Chad Weaver, Michael Zampogna, an individual identified only as Cooley, and two other unidentified individuals.

The officers moved to partially dismiss, saying the claims of intentional infliction of emotional distress and assault and battery are "barred by sovereign immunity."

They claimed that "subduing persons is one of the acts of law enforcement officers are employed to perform; officers are also permitted to use force, if necessary, in the commission of their duties," and that "in effectuating a traffic stop and dealing with an 'out-of-control' person,' the officers were intending to serve the purposes of their 'master,' the Commonwealth of Pennsylvania," according to the court's summary.

But Madison says she was "already subdued and shackled at the time the troopers applied pepper spray, water and urine," according to the court. "The acts were not related to 'subduing' her and were not examples of necessary force."

She claims the alleged acts were "meant to degrade and humiliate her, rather than to serve and purpose of the police or the Commonwealth of Pennsylvania," the court summarized.

Since sovereign immunity does not bar claims involving actions outside the scope of an officer's employment, Chief U.S. District Judge Gary Lancaster denied the officers' motion.

"Commonwealth employees are immune from liability due to intentional misconduct, so long as the employee is acting within the scope of his or her employment," Lancaster wrote. But, if the court takes Madison's allegations as true, it "cannot say that such acts are 'clearly incidental' to the duties of law enforcement officers." Madison's "allegations of assault outside the police barracks suggest personal motivation, rather than intent to serve the Commonwealth of Pennsylvania," he added. "Therefore, [the officers] are not entitled to sovereign immunity based on the pleadings."

National News :: 460 Views

NEWSLETTER SIGN-UP

Our newsletter is released only to notify you about the exclusive stories on the site, exclusive leads on investigations and alerts on projects like video documentaries released by New World Order Report

Email Address:

RADIO ARCHIVE

Click here to read Jonathan Elinoff's bio

Latest radio interviews:

4/29/2012 11AM - Jonathan Elinoff joins Craig Silvermann on the Ross Kaminsky Show on Denver's 850KOA to discuss the Pat Sullivan story, confession and newly released information

4/27/2012 6AM - Jonathan Elinoff a freelance videographer and investigator who broke the Pat Sullivan meth for sex story is in studio with Peter and Julie Hayden investigative journalist for Fox 31 joins Peter and Jonathan to discuss the ugly Pat Sullivan story. Is Pat Sullivan a smaller piece in a larger puzzle of deviant sexual corruption?

4/27/2012 7AM - The show continues to heat up this hour; Bryan Maass of CBS 4 News joins the show to provide his take on the Pat Sullivan interrogation tape. What did Pat Sullivan admit to and what accusations could be corroborated. Why did the District Attorneys decide to proceed with a plea deal instead of a trial? Julie Hayden, Jonathan Elinoff, Bryan Maass and Peter Boyles discuss what is true, what is just and did Pat receive a sweetheart deal, there is contention and disagreement about the Sullivan interrogation tape and the four engage in great discourse and discussion.

4/27/2012 8AM - Peter opens up the show to calls this hour and the lines light up with many listeners weighing in on the Pat Sullivan story. This hour has many voices, views and opinions and discussion between Peter, Jonathan and callers. What do you think about the sentencing that former Arapahoe County Sherriff Pat Sullivan received for his sex for meth scandal?

4/6/2012 6AM - Peter Boyles Show - Jonathan Elinoff the investigative reporter who was instrumental in breaking the Pat Sullivan meth for sex scandal joins Peter for the full hour to discuss his investigation into the dark world of drugs and male prostitution. Jonathan and Peter delve into the egregious story of sex, drugs, coercion, abuse of power and possible murder.

4/6/2012 8AM - Investigative reporter for Fox 31 Julie Hayden joins the show and John Elinoff returns to discuss the Pat Sullivan story and the possibility of a connection between Eric Harris and Dylan Klebold of the Columbine massacre. The Sullivan Story is sure to continue and seems to get stranger and more deviant.

4/6/2012 9AM - Tom Martino addresses a caller about the alleged sex trafficking that was observed in the Sullivan investigation at the start of the show...

4/4/2012 8AM - Peter Boyles Radio Show Interviews Jonathan Elinoff and Tom Martino about Pat Sullivan Meth for Sex Scandal

4/4/2012 9AM - Tom Martino continues the Peter Boyles Interview with Jonathan Elinoff and Tom Martino about Pat Sullivan Meth for Sex Scandal

4/4/2012 3PM - Caplis and Silverman Radio Show Interviews Jonathan Elinoff about the Pat Sullivan Meth for Sex Scandal

2/2/2012 3PM - Jonathan Elinoff interviewed on KGNU in Boulder and Denver Colorado about his investigation into former Sheriff Pat Sullivan in the "Meth for Sex" scandal, with host Shareef Aleem

12/16/2011 8AM - Peter Boyles Radio Show Interviews Jonathan Elinoff and Tom Martino with release of info

12/16/2011 7AM - Peter Boyles Radio Show Interviews Jonathan Elinoff and Tom Martino with release of info

12/2/2011 9AM - Tom Martino & The Troubleshooter Network Radio Show Interviews Jonathan Elinoff with release of info

12/1/2011 3PM - Caplis and Silverman Radio Show Interviews with release of info

12/1/2011 10AM - Tom Martino & The Troubleshooter Network Radio Show Interviews Jonathan Elinoff with release of info

12/1/2011 9AM - Tom Martino & The Troubleshooter Network Radio Show Interviews Jonathan Elinoff with release of info

12/1/2011 - 8AM - Peter Boyles Radio Show Interviews Jonathan Elinoff with release of info

11/30/2011 5PM - Caplis and Silverman Radio Show Interviews with release of info

11/30/2011 4PM - Caplis and Silverman Radio Show Interviews with release of info

11/30/2011 11AM - Tom Martino & The Troubleshooter Network Radio Show Interviews Jonathan Elinoff with release of info

11/30/2011 10AM - Tom Martino & The Troubleshooter Network Radio Show Interviews Jonathan Elinoff with release of info

11/30/2011 9AM - Tom Martino & The Troubleshooter Network Radio Show Interviews Jonathan Elinoff with release of info

11/30/2011 8AM - Peter Boyles Radio Show Interviews Jonathan Elinoff with release of info

11/30/2011 - Truth Jihad Radio with Kevin Barrett interviews Jonathan Elinoff on the following up with the now breaking story of Pat Sullivan and the scandal related to it

11/16/2011 - Truth Jihad Radio with Kevin Barrett interviews Jonathan Elinoff on the first breaking story of Pat Sullivan and the scandal related to it

9/22/2011 - Tom Martino Show with Special Guest Jonathan Elinoff: Discussion about underground facility at D.I.A.

9/8/2011 - Tom Martino Show with Special Guest Jonathan Elinoff: Tom Martino wakes up to 9/11

9/8/2011 - Peter Boyles Show with Special Guest Jonathan Elinoff: Discussion about the Core of Corruption sequels as well as 9/11 in general and Elinoff's research on it

1/27/2011 - WKRP with Host Rob McNealy with Guest Jonathan Elinoff, Editor of New World Order Report. Click here for the show information and bio Click here for the 1/27/2011 Show

To listen to any other radio interviews or archived radio shows, check our Archives section or click here.

SUPPORT US

&amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;lt;br&amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;gt;

New World Order Report is proud to offer our award winning documentary, Core of Corruption: In the Shadows. Click the ad below to order the DVD

Watch Core Of Corruption: In the Shadows for FREE Below: