Suit filed over police treatment of autistic teen
By Admin, Section From The Wires
Woman called 911 to get help in calming her son.
Melissa DeLoach, News-Leader A mother seeking help for her autistic teen called 911 in hopes for building a case for placing him in a group home. Now she wonders whether this was the right idea for calming his anger. Cody Brother, 15, can no longer open his right eye. He had surgery last week to mend his broken bones. It's undetermined if he will regain sight. A lawsuit filed Monday in Greene County Circuit Court alleges Springfield police officer John Truman forcefully handcuffed and arrested the teen, shoved him to the ground and watched as fellow officer John Stalker repeatedly punched Cody in the face, neck and head. "I called for help and they turned my driveway into a three-ring circus," said Peggy Brother of the Sept. 8 incident outside her east Springfield home. "We were making a lot of progress ... now it's 10 steps back." In court documents filed Monday, the family's attorney alleges Cody Brother's civil rights were violated, assault and battery were without cause, he was falsely arrested and the city was negligent not only in its training of the officers, but also for failing to provide prompt medical care. According to the suit, officers waited an hour before transporting the teen for treatment.
The suit, which does not specify monetary damages, also alleges the officers conspired to file a false report regarding the beating.
The city declined to comment because the suit has yet to be served. Truman and Stalker remain employed with the department. Peggy Brother declined to comment about specifics regarding what preceded the 911 call. Her son -- who also suffers from cerebral palsy, attention deficit disorder and mild retardation -- wanted something, and she said no. "When I called, I was really, really upset," Peggy Brother said. "All I could think of is my son is getting out of control and I needed help." The severity and mix of Cody's disabilities causes difficulties with managing his anger. He's homebound, which further complicates things, Peggy Brother said, as he does not get to socialize with other teens. The family sought treatment from Burrell Behavior Health, and the Springfield Regional Center had advised Cody's parents to call 911 when his anger escalated, to help build a case for placement in a group home. Springfield police could not provide a dispatch log detailing the number of calls for help, but it's enough that the family knows many officers by name. "Usually, they can just talk to him and he'd be OK," said Peggy Brother. "There have been a couple of times he didn't calm down, but no one has ever gotten hurt." When Springfield police arrived Sept. 8, Cody had already calmed down. His mother claims Cody only resisted when Truman reached toward the teen's arms, which trigged a physical reaction, consistent with his diagnosis. "In my son's mind he did nothing to deserve that. The cop basically attacked him." Maj. Steve Ijames, criminal investigations division commander with the SPD, said there is no special set of options for what to do when officers encounter someone both mentally disabled and violent. Ijames said the general policy for handling such situations is directed toward "solving the problem through available community resources," yet when violence ensues, what contributes to the behavior takes the back burner. "If they are threatening someone, you have to deal with that first," said Ijames, adding, "In most cases we can work through the cases and get a person some counseling." Ijames could not comment on the case involving Cody Brother. Source
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