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2017 University of Utah Hospital incident

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40°46′19.02″N 111°50′10.44″W / 40.7719500°N 111.8362333°W / 40.7719500; -111.8362333 On July 26, 2017, Jeff Payne, a then detective with the Salt Lake City Police Department (SLCPD), arrested nurse Alex Wubbels at the University of Utah Hospital after she refused to illegally venipuncture an unconscious patient. Footage of the incident released on August 31, 2017, went viral online. The SLCPD announced policy changes which would affect how police should handle situations involving drawing blood, and the hospital announced it would also change its police protocol to avoid repeating the incident. Utah lawmakers made a bill to amend the blood draw policy of Utah law enforcement, which Utah Governor Gary Herbert signed into law on March 15, 2018.

Incident

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External videos
  Body camera footage of the arrest

On July 26, 2017, Marcos Torres, a pickup truck driver fleeing from Utah Highway Patrol troopers in Cache County, Utah, crashed head-on into a semi-truck. Torres, the pickup truck driver, died at the scene. William Gray, the semi-truck driver and a part-time police officer, was severely burned.[1] He was taken into the University of Utah Hospital in a sedated and comatose state.[2]

Officers from the Salt Lake City Police Department arrived at the hospital and asked to get a blood sample from Gray. Alex Wubbels was on-duty nurse at the time and advised Payne that the police request did not meet the legal requirements and could not be performed. Wubbels cited established policy that

  1. the patient must be under arrest, or
  2. a warrant must have been issued ordering the taking of a blood sample, or
  3. the patient must give his or her consent.[1][3][4]

She cited to that effect the specific hospital policy, on which the police department had agreed, that would not permit her to provide the blood sample.[5] Payne, however, insisted he had implied consent to obtain the blood.[6]

Wubbels is shown in the Detective Jeff Payne's body cam video holding a cell phone in her palm. On the video, Payne can be heard saying, "She [Wubbels] is the one who has told me 'no'." The remote person on that phone, assumed to be a hospital administrator, says

Yeah, sir, but you're making a big mistake. Right now you are making a huge mistake and are threatening a nurse-

Payne then cut the conversation off with an "OK" and made a two-handed grab for her phone; when she pulled it away he said, "No. We're done. We're done," and then grabbed and arrested Wubbels.[7] She was later released after spending 20 minutes in the police car in handcuffs without any charges being brought against her.[2]

Gray never recovered from his injuries and died on September 25, 2017.[8][9]

Investigations & response

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At a press conference on August 31, 2017, nurse Wubbels and her attorney released footage of the incident taken from hospital surveillance and police body cameras.[10] The footage of the incident soon went viral online.[11] The SLCPD faced heavy criticism on social media for how it handled the incident.[12]

According to a statement posted by Salt Lake City mayor Jackie Biskupski, the SLCPD launched a 35-day internal affairs investigation into the arrest within 24 hours of the July 26 incident, starting with meeting the hospital's CEO and nursing management team.[13] A state audit of this investigation found that the police department had followed policies for this investigation, though it suggested the SLCPD should work faster to publicize information that is in public interest.[14] The Salt Lake County District Attorney Sim Gill announced that his office was also investigating the arrest.[15] Gill requested investigative assistance from the Federal Bureau of Investigation (FBI).[16] FBI spokeswoman Sandra Yi Barker said the agency opened a civil rights review after the video went public, agreed to help the county investigate the incident,[17] and also opened a probe into the arrest.[18] The Unified Police Department of Greater Salt Lake also investigated the arrest.[13]

The SLCPD publicly apologized to Wubbels for the arrest,[19] and put officer Payne on paid leave on September 1, 2017.[20] Another police officer connected to the incident was put on paid leave the next day.[21] According to Payne's attorney, Payne had expressed a desire to apologize to Wubbels for the incident.[22]

On September 2, about a hundred Utahns gathered at a Utah Against Police Brutality rally near the SLCPD courtyard to call for Payne to be fired.[23] The University of Utah police chief apologized to Wubbels on September 4, saying that the university police should have done more to protect her on the night she was arrested.[11]

On September 13, 2017, Jackie Biskupski, the mayor of Salt Lake City, said that the internal investigation revealed Payne and his watch commander, Lt. James Tracy, violated six separate staff policies during the incident, including policies regarding arrests and standards of conduct.[24] A report from Salt Lake City's Police Civilian Review Board also alleged that Payne and Tracy violated police policies. It stated that Payne became upset and frustrated during the incident, eventually "[losing] control of his emotions." Payne's lawyer said this report was based on speculation.[25][26]

On September 25, the Salt Lake Police Association, the police union, criticized the city for its treatment of the police officers involved in the incident.[27]

On October 11, 2017, Payne was fired by the police department[28][29][30] and his commanding officer at the time of the incident, Lieutenant James Tracy, was demoted two ranks down to police officer.[31] Payne had been already fired on September 5 from his part-time job as a paramedic for the private firm of Gold Cross Ambulance.[32]

Tracy appealed his demotion, arguing it amounted to "excessive discipline," but the Salt Lake City's Civil Service Commission upheld it.[33]

Aftermath

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Following the incident, the SLCPD changed its policies on drawing blood. A police department spokeswoman said these changes require law enforcement to have consent or a warrant to draw blood, instead of just implied consent.[34] These policy changes served as the model for police protocols announced by the SLCPD on October 12, 2017, which other police agencies in the Salt Lake Valley could choose to adopt.[35]

According to hospital officials, within weeks after the incident, they had implemented new rules meant to allow patient care staff to focus on their work and minimize disputes in patient care units.[36] The hospital announced these changes in September 2017, which included not allowing police officers in patient-care areas and having them speak with "house supervisors" instead of nurses.[37]

On October 31, 2017, Wubbels and her attorney announced that Salt Lake City and the University of Utah had agreed to settle the incident for $500,000. She said that part of the settlement would go toward efforts geared to making body cam footage easier for the public to obtain.[38][39] She also said she will make a donation to the Utah Nurses Association and help lead the #EndNurseAbuse campaign by the American Nurses Association.

On October 11, 2019, the former detective Payne filed a suit against the Salt Lake City Police Department, seeking more than $300,000 in damages and claiming that, in 2017, though following the orders of his commanding officer and complying with department policies, he was "wrongfully terminated."[40] Payne had been hired in August 2019 by the Weber County Sheriff's Office as a "part-time civilian corrections assistant,"[41] the "second controversial high-profile hire" for the Sheriff's Office "in recent months," as the press reported, coming a few weeks after Kayla Dallof, a former University of Utah police detective who had been fired for showing a “complete dereliction of duty,” was hired as a sheriff's deputy.[41]

Legislative effect

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On September 20, 2017, the Utah State Legislature's Judiciary Interim Committee voted unanimously in favor of drafting a bill that would clarify consent laws regarding police-ordered blood draws.[42] A legislative committee then drafted a bill the following November[43] that, mainly, would require police officers to take a blood draw only with the person's oral or written consent, through presenting a warrant, or presenting a judicially recognized exception to a warrant. Representative Craig Hall, R-West Valley City, who was a member of the drafting committee, stated that "there are situations where a blood draw is necessary and justified" but the new legislation "takes that decision out of the police officer's hands," adding that "electronic warrants take about 10 minutes to obtain, so there's really no reason not to get one."[44]

On January 25, 2018, the Utah House of Representatives voted 72–0 to pass the bill, numbered HB43.[45] Six days later, Alex Wubbels testified to the State's Senate Judiciary, Law Enforcement and Criminal Justice Committee in support of the bill.[44] The Salt Lake City Police, the Utah Highway Patrol, the American Civil Liberties Union of Utah, and the Libertas Institute also expressed their support during the hearings.[45] The Committee voted 6–0 in favor of passing the bill.[46] Utah Governor Gary Herbert signed it on March 15, 2018, and the legislation went into effect on May 8, 2018.[47][48]

See also

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References

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  1. ^ a b Manson, Pamela (August 31, 2017). "Video shows Utah nurse screaming, being handcuffed after refusing to take blood from unconscious victim". The Salt Lake Tribune. Retrieved September 6, 2017.
  2. ^ a b Reavy, Pat (August 31, 2017). "'Stop! I've done nothing wrong': Nurse shares police video of 'crazy' arrest by S.L. officer". Deseret News. Retrieved September 6, 2017.
  3. ^ Wang, Amy; Hawkins, Derek (September 3, 2017). "A Utah nurse's violent arrest puts patient-consent law — and police conduct — in the spotlight". The Washington Post. Retrieved January 1, 2018.
  4. ^ Forliti, Amy (September 2, 2017). "Utah nurse's arrest raises questions on limits of evidence collection". Chicago Tribune. Retrieved January 1, 2018.
  5. ^ Reavy, Pat (September 25, 2017). "Union says city 'made pariahs' of officers in U. nurse arrest". Deseret News. Retrieved January 1, 2018.
  6. ^ "Utah nurse reaches $500,000 settlement in dispute over her arrest for blocking cop from drawing blood from patient". The Salt Lake Tribune. Retrieved July 18, 2023.
  7. ^ Utah Officer Who Arrested Nurse Alex Wubbels Just Got A Huge Reality Check(VIDEO)!. GLOBAL News YouTube Channel.
  8. ^ Johnson, Brittany (September 26, 2017). "Patient at the center of controversial nurse arrest dies". KTVX. Retrieved September 27, 2017.
  9. ^ "Patient at center of Utah nurse's high-profile arrest dies". NBC News. Associated Press. September 26, 2017. Retrieved September 27, 2017.
  10. ^ Francis, Simone (September 5, 2017). "Newly-released footage shows arrest of U of U Hospital nurse". KTVX. Retrieved September 6, 2017.
  11. ^ a b Rascon, Dan (September 4, 2017). "Chief: Officers should have protected nurse at U of U". KUTV. Retrieved September 6, 2017.
  12. ^ Ramseth, Luke; Miller, Jessica (September 2, 2017). "Salt Lake City police endure growing wave of public criticism after nurse's arrest". The Salt Lake Tribune. Retrieved September 6, 2017.
  13. ^ a b "Facing Deluge Of Calls, Mayor's Office Releases FAQ On Nurse Video". KUER. Retrieved September 7, 2017.
  14. ^ Wieber, Aubrey (April 17, 2018). "Audit suggests Salt Lake City police review internal investigation policies to get information out to the public quicker". The Salt Lake Tribune. Retrieved May 28, 2018.
  15. ^ Harris, Jeremy (September 2, 2017). "D.A. asks for criminal investigation into arrest of U of U nurse". KUTV. Retrieved September 6, 2017.
  16. ^ Green, Mark (September 7, 2017). "Salt Lake County DA requests FBI assistance in Nurse Alex Wubbels investigation". Fox 13. KSTU. Retrieved September 8, 2017.
  17. ^ Whitehurst, Lindsay (September 7, 2017). "Utah asks FBI to investigate police in nurse's rough arrest". The Washington Post. The Associated Press. Archived from the original on September 7, 2017. Retrieved September 8, 2017.
  18. ^ Szekely, Peter (September 8, 2017). "FBI probing Utah cop who arrested nurse for refusing to draw blood". Reuters. Retrieved September 8, 2017.
  19. ^ Gray, Melissa (September 3, 2017). "Utah nurse's arrest prompts police apology". CNN. Retrieved September 6, 2017.
  20. ^ Whitehurst, Lindsay; Ho, Sally (September 1, 2017). "Utah officer who arrested nurse over blood test put on leave". The Wichita Eagle. Associated Press. Archived from the original on September 6, 2017. Retrieved September 6, 2017.
  21. ^ "2nd Utah police officer put on administrative duty over nurse arrest". Fox News. September 2, 2017. Retrieved September 6, 2017.
  22. ^ Rascon, Dan (September 19, 2017). "Salt Lake officer who arrested nurse would like to apologize, attorney says". KUTV. Retrieved September 20, 2017.
  23. ^ Stilson, Ashley (September 2, 2017). "Salt Lake rally follows viral video of nurse's arrest". Deseret News. Retrieved September 7, 2017.
  24. ^ Klopfenstein, Jacob (September 13, 2017). "Biskupski: Officers violated 6 policies in Alex Wubbels' arrest". KSL.com. Retrieved September 15, 2017.
  25. ^ Reavy, Pat (September 13, 2017). "Officer who arrested nurse 'clearly lost control' of emotions, report concludes". Deseret News. Retrieved September 15, 2017.
  26. ^ "Utah police officer lost control when he arrested nurse, review board finds". Los Angeles Times. The Associated Press. September 14, 2017. Retrieved September 15, 2017.
  27. ^ "Police union blasts handling of Utah nurse arrest probe". ABC News. The Associated Press. September 25, 2017. Archived from the original on October 1, 2017. Retrieved October 1, 2017.
  28. ^ "Utah policeman fired for arrest of nurse who was doing her job". BBC. London. October 11, 2017. Retrieved June 18, 2020.
  29. ^ Cummings, William (October 10, 2017). "Utah cop fired after arresting nurse who wouldn't draw blood". USA Today. Retrieved October 11, 2017.
  30. ^ "Utah police officer who handcuffed, dragged nurse in video fired". ABC7. Associated Press. October 10, 2017. Retrieved October 11, 2017.
  31. ^ "Utah police lieutenant demoted over arrest of nurse over blood draw". Reuters. October 11, 2017. Retrieved June 18, 2020.
  32. ^ Wells, David; Steinbrecher, Lauren (September 5, 2017). "SLC detective who arrested nurse fired from part-time paramedic job". Fox 13. KSTU. Retrieved September 6, 2017.
  33. ^ Miller, Jessica (April 19, 2019). "Salt Lake City police lieutenant demoted after nurse's arrest loses his appeal". The Salt Lake Tribune. Retrieved April 20, 2019.
  34. ^ Forliti, Amy (September 2, 2017). "Utah nurse's arrest raises questions on evidence collection". ABC News. Retrieved September 6, 2017.
  35. ^ Ritchey, Julia (October 12, 2017). "New Policies Outlined For alley Police, Hospital Staff Interactions". KUER 90.1. Retrieved October 14, 2017.
  36. ^ Chappell, Bill (September 5, 2017). "Calling Nurse A 'Hero,' Utah Hospital Bars Police From Patient-Care Areas". NPR. Retrieved September 7, 2017.
  37. ^ Barbash, Fred; Hawkins, Derek (September 5, 2017). "Utah hospital to police: Stay away from our nurses". The Washington Post. Retrieved September 6, 2017.
  38. ^ Francis, Simone (October 31, 2017). "Utah nurse at center of controversial arrest announces $500K settlement". KTVX. Retrieved November 1, 2017.
  39. ^ "US nurse gets $500,000 in blood arrest row". BBC News. November 1, 2017. Retrieved November 2, 2017.
  40. ^ Kauffman, Gretel (October 11, 2019). "Former detective who handcuffed Utah nurse sues Salt Lake City Police Department". Deseret News. Retrieved June 20, 2020.
  41. ^ a b Kauffman, Gretel (August 28, 2010). "Weber sheriff hires detective who arrested University of Utah nurse in 2017". Deseret News. Retrieved June 20, 2020.
  42. ^ Manson, Pamela; Ramseth, Luke (September 21, 2017). "After nurse's arrest, Utah lawmakers will draft a bill that clarifies when police can draw someone's blood". The Salt Lake Tribune. Retrieved September 25, 2017.
  43. ^ Hale, Lee (November 15, 2017). "Blood Testing Bill Prompted By Wubbels Video Advances". KUER. Retrieved November 18, 2017.
  44. ^ a b Romboy, Dennis (January 31, 2018). "U. nurse Alex Wubbels testifies for bill requiring police to get warrant for blood draw". Deseret News. Retrieved June 22, 2020.
  45. ^ a b Romboy, Dennis (January 25, 2018). "Utah House passes bill requiring police to get warrant before blood draw". Deseret News. Retrieved January 26, 2018.
  46. ^ Manson, Pamela (January 31, 2018). "University Hospital nurse who was arrested for refusing blood draw urges Utah lawmakers to clarify law, prevent future confrontations". The Salt Lake Tribune. Retrieved February 2, 2018.
  47. ^ "H.B. 43 Blood Testing Amendments". Utah State Legislature. Retrieved July 6, 2018.
  48. ^ Winslow, Ben (March 16, 2018). "Cops have to get a warrant now that 'Nurse Wubbels bill' is signed into law". Fox 13. KSTU. Retrieved July 6, 2018.

Further reading

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