
A Seattle federal appeals court stated Friday that the aggressive actions by three Washington police officers committed against a pregnant woman in 2004 were indeed warranted. The judge also granted the three men immunity from a lawsuit that was brought on by the woman, after she was stun gunned by the officers for just refusing to sign a traffic ticket.
Malaika Brooks was seven months pregnant and had her young son in tow back in 2004, when she was driving him to his elementary school, the African-American Academy in Seattle. Three police officers stopped the young woman for allegedly doing 32 mph in a school zone. She was presented with a traffic ticket and was asked to sign it, but she refused. Brooks tried explaining to the officers that the car in front of her was actually the guilty party. The officers refused to accept her story.
Brooks tried telling the officers that signing of the ticket meant an admission of guilt. The men still insisted on a signature. When she did not comply, the policemen chose to arrest her. One man reached in to her vehicle, turned it off, then threw her keys on to the ground.
The petrified woman stiffened her arms on her steering wheel, told the men she was pregnant and refused to get out of the vehicle. The law enforcement trio threatened to use a stun gun Brooks if she failed to obey their commands.
Officers Sgt. Steven Daman, Juan Ornelas and Donald Jones stunned Brooks a total of three times: each in the thigh, shoulder and neck. The men then proceeded to drag Brooks out of her car and forced her on to the concrete pavement, face-down.
Only two months after the being put through such a terrifying ordeal, Brooks gave birth to a healthy baby.
Brooks received scars from the incident, which are still evident nearly five years later. She decided to sue the officers for violating her Constitutional rights, and U.S. District Judge Richard Jones allowed the case to continue. He declined to grant the officers immunity for performing their official duties and said Brooks' rights had without a doubt been violated.
On Friday, however, a panel of the 9th U.S. Circuit Court of Appeals disagreed and ruled that the officers had indeed been justified in their actions, because Brooks had resisted arrest. Judge Cynthia Holcomb Hall, a female and one of the judicial bodies involved in the ruling, said that the use of force was also warranted, "It seems clear that Brooks was not going to be able to harm anyone with her car at a moment's notice. Nonetheless, some threat she might retrieve the keys and drive off erratically remained, particularly given her refusal to leave the car and her state of agitation."
The judges concluded that the force the officers used was not so harmful, because the stun gun was in "touch" rather than "dart" mode -- the latter is more painful. The judges also reversed the lawsuit immunity ruling, so the policemen cannot be sued.
Judge Marsha Berzon, also a federal appeals judge, is up in arms about the new ruling and is shocked by her colleague's decision. Judge Berzon called the ruling "off the wall." She told the Associated Press, "I fail utterly to comprehend how my colleagues are able to conclude that it was objectively reasonable to use any force against Brooks, let alone three activations of a Taser, in response to such a trivial offense," she wrote. She argued that under Washington law, the officers had no authority to take Brooks into custody: Failure to sign a traffic infraction is not an arrestable offense, and it's not illegal to resist an unlawful arrest. Furthermore, Brooks posed no apparent threat, and the officers could not have known how stunning her would affect the fetus or whether it might prompt premature labor -- another reason their actions were inexcusable, Berzon said.
Brooks' lawyer Eric Zubel will make a request of the 9th Circuit to rehear the case.


Comments: (18)
Add a comment
By: GERI on 3/29/2010 8:45PM
There you go again...why don't you stop whining and go do something productive...like let some big bad stud spank your ass until it's as RED AS YOUR NECK BILLY!!!!
Reply to this Comment | Report This
By: DetroitD69 on 3/30/2010 12:19AM
BLACK PEOPLE BETTER WAKE THE HELL UP!!!!
THIS IS STILL AMERIKKKA!!!....YOU SEE WHAT THEY DID TO THAT "WHITE" CHRISTAIN MILITIA!!!....AND, THEY STILL HAVEN'T SAID WHAT LAW THEY BROKE???
MARTIAL LAW IS HERE.....
Reply to this Comment | Report This
By: Connie on 3/30/2010 8:37AM
Why are you on BV I just don't understand,she was pregnant after all ad they should have taken that into account. What if it were your wife,sister,mother or hell just a distant cousin. Well I guess if it were up to you they should have arrested and tased her little boy also.....What part of refusing to sign a traffic citation not being an arrestable offense did you not understand. As for as the article bing full of lies were you there BILL.You do not belong on BV why don't you go on The O'Reilly Factor where people think just like you.......
Reply to this Comment | Report This
By: Phil Barnes on 3/30/2010 9:12AM
Bill I really cant fathom why you persist to stay on BV and make feeble attempts to justify ones negative actions against Blacks. I’m sure there are many other places you can go to and fit right in. Now unless your actually a black man or woman, Or an intelligent white or Hispanic that has something to add to the topics at hand, which I think your neither, Or unless you heart has been jilted by a Black Woman or a black man, You need to move on. That’s why this forum is deemed BLACK VOICES. However you have a right to be here but please be mindful and use some form of an educational background when you speak. ANY WOMAN of ANY COLOR especially pregnant unwilling to sign a ticket is not probable cause to be tasered!
Reply to this Comment | Report This
By: Phil Barnes on 3/30/2010 9:16AM
Bill I really cant fathom why you persist to stay on BV and make feeble attempts to justify ones negative actions against Blacks. I’m sure there are many other places you can go to and fit right in. Now unless your actually a black man or woman, Or an intelligent white or Hispanic that has something to add to the topics at hand, which I think your neither, Or unless you heart has been jilted by a Black Woman or a black man, You need to move on. That’s why this forum is deemed BLACK VOICES. However you have a right to be here but please be mindful and use some form of an educational background when you speak. ANY WOMAN of ANY COLOR especially pregnant unwilling to sign a ticket is not probable cause to be tasered!
Reply to this Comment | Report This
By: carla ford on 3/30/2010 10:49AM
@ Bill Schrier
Did this also happen to your mother while she was pregnant with you? Thus resulting in some form of brain injury on your part?...yeah, that explains it all
Reply to this Comment | Report This
By: vicbin on 3/31/2010 7:58AM
The matter to this situation is that they had no reason to arrest her. She did have the rights not to sign a piece of paper. All the officers had to do is give her the ticket and send her on her way. Now if she doesnt call for the date to appear; then it's on her. But the officers were wrong for tasing her. If three of them cant got her on her car without tasing she; they are sorry ass cops..
Reply to this Comment | Report This
By: wishamafucwould on 3/30/2010 12:37PM
so you people saying since she pregnant she can act an ass, that why so many of our blk people in jail now...none of you all are lawyers but not signing the ticket is a arrest able offense....our black people always using being black to justify anything done to us
Reply to this Comment | Report This
By: jadina on 3/30/2010 1:45PM
you may want to research the laws of the "constitution" no one can force you to do anything against your will. just like when you're on a job, and you're given and citation for being late to work on numerous occassions and you refuse to sign it, because you have the right to.
Report This
By: Ms. W on 3/30/2010 6:36PM
I guess you would know?? Your username "wishamafucwould" speaks for itself!
Report This