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interests / alt.law-enforcement / Lakewood to pay $75K to woman whose arm was broken in 2 places during arrest

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o Lakewood to pay $75K to woman whose arm was broken in 2 places duringa425couple

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Lakewood to pay $75K to woman whose arm was broken in 2 places during arrest

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Tough. Really tough. Suspects can resist all they are able.
Police try to subdue, no weapons, no blows.

from
https://www.seattletimes.com/seattle-news/law-justice/lakewood-to-pay-75k-to-woman-whose-arm-was-broken-in-2-places-by-police-during-arrest/

Lakewood to pay $75K to woman whose arm was broken in 2 places by police
during arrest
May 26, 2022 at 9:00 am
Mike Carter By Mike Carter
Seattle Times staff reporter

The city of Lakewood will pay $75,000 to a woman whose arm was broken in
two places when police officers attempted to remove her from a market
where she was having a mental health crisis, an incident similar to an
earlier misdemeanor arrest in which one of the officers broke another
woman’s arm.

Young Choi suffered a permanent disability after a bone in her right arm
was shattered during her 2018 arrest, according to court documents. A
loud “crack” — followed by Choi’s agonized scream — was captured on
video taken by a bystander.

Records in U.S. District Court in Seattle indicate that one of the
officers involved, David Butts, was sued in 2016 after he pulled a woman
out of a car by her hair and took her to the ground following a traffic
stop, breaking her wrist and causing other injuries. That case was
settled after a judge concluded there were questions about whether Butts
and other officers used “objectively unreasonable force” in that arrest.

The city of Lakewood, its Police Department and the attorney who
defended the lawsuit did not reply to phone messages Tuesday. Choi’s
Seattle attorney, Christopher Carney, said it’s his understanding Butts
has left the Lakewood Police Department.

Choi said in a sworn declaration that she has bipolar disorder and was
“suffering a manic episode” when she entered Lakewood’s Pal-Do World
Market to purchase produce Feb. 21, 2018. She said she began loudly
complaining about the quality of the produce, confronting store
employees and customers, and then become more upset when another patron
began to record the commotion on a cellphone. Management called police.
Two officers, Butts and Brian Luttrull, responded.

In 2018, two Lakewood police officers were dispatched to a grocery store
where a woman was having a mental-health crisis. Footage from a
bystander shows the officers taking her to the ground and shattering her
right humerus bone with an audible crack. (Video courtesy of Christopher
Carney)
The bystander’s video shows Choi walking around the store barefoot,
confronting workers and other customers. At one point she takes an
employee’s cellphone and won’t return it, pushing the other woman and
playing keep away as the woman reaches for the device.

Two officers arrive, and one of them — identified in court documents as
Luttrull — quickly grabs Choi by the hand and wrist and begins pulling
her toward the store entrance. Choi resists and pulls away, yelling “I
need my purse!”

Both of the officers are much larger than Choi, who is 5 feet 3 inches
tall and weighs 130 pounds, according to court documents.

“Neither officer made any effort to reassure me that my purse would be
safe or that they would get it for me,” Choi wrote in her sworn
declaration filed with the court. “Because I was afraid to lose my
purse, I tried to pull in that direction.

“Defendant Luttrull resisted me, yanking on my left arm to pull me back
toward him,” Choi wrote. “Because I was afraid, I swung my right arm at
Defendant Luttrull’s arms, which were both gripping my left arm by this
point.

“Luttrull immediately yanked me facedown to the ground and began to use
his weight to immobilize me,” Choi wrote. “Defendant Butts joined … also
piling his weight on me.”

Choi said she suffered an abrasion and cut to her forehead from hitting
the floor.

“That made me squirm in pain and fear, but I was otherwise immobilized,”
she wrote. “While … Luttrull held my left arm still, Defendant Butts
pressed down on my torso and yanked my arm behind my back.

“I suddenly felt an unbearable pain and heard a repulsive snapping sound
from my right arm,” Choi wrote.

An audible “crack” can be heard in the video footage, as Choi’s right
humerus — the long bone between the shoulder and elbow — fractures in
two places.

“At this point I was in agony, and my right arm was entirely useless,”
she said in her declaration. “Still, the defendants completed the
handcuffing process by twisting my broken arm behind my back.”

Court documents indicate that Choi needed surgery to repair the
fractures and state that she suffered “permanent damage.”

In an order denying Lakewood’s motion to dismiss the case, U.S. District
Judge Robert Bryan said Luttrull’s actions were justified because Choi
had resisted him, taken an employee’s cellphone and assaulted the
employee by shoving her into a display. Butts’ actions, however, raise
constitutional questions, the judge wrote.

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“Plaintiff has pointed to sufficient issues of fact, if believed, to
find that Officer Butts violated her Fourth Amendment rights when he
broke her arm during the course of this arrest,” Bryan wrote.

Bryan was the judge who also presided over the 2016 lawsuit filed
against Butts and two other Lakewood officers by Renata Gardner, who was
a passenger in a car driven by her husband when he was pulled over for
speeding.

The officers decided to arrest Gardner’s husband, who was allegedly
driving on a suspended license, and impound the vehicle despite
Gardner’s request that she be allowed to drive it home because she
needed it for her job.

Gardner claimed Butts pulled her from the car by her hair and slammed
her to the ground, resulting in a deep scalp laceration, permanent hair
loss and a broken wrist. She was arrested and charged with obstruction
and resisting arrest. Those charges were later dismissed, court records
show.

In his order denying the city’s motion to dismiss Gardner’s lawsuit,
Bryan wrote that while the officers were justified in arresting Gardner,
a jury should decide whether the officers used excessive force in doing so.

Details of the settlement in Gardner’s case were not immediately available.

Mike Carter: 206-464-3706 or mcarter@seattletimes.com; on Twitter:
@stimesmcarter.
The Seattle Times closes comments on particularly sensitive stories. If
you would like to share your thoughts or experiences in relation to this
story, please email the reporter or submit a letter to be considered for
publication in our Opinion section. You can read more about our
community policies here.
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