On Tuesday, the Fifth Circuit issued its decision in Austin v. City of Pasadena, which correctly reversed a grant of qualified immunity to police officers who responded to a detainee’s epileptic seizure by repeatedly tasing him, thereby allowing a case where a man died in custody to proceed to trial. Although the court’s decision was encouraging and commendable, the facts of the case paint a stark picture of the police culture that has grown out of qualified immunity’s long shadow.
In 2019, Jamal Ali Shaw was arrested by Pasadena police on suspicion of public intoxication and taken to a local jail, where he was placed in detention Cell H. Four hours later, Shaw suffered an epileptic seizure and collapsed to the floor.
Other detainees in Cell H alerted the staff about Shaw’s condition, prompting Officer Joanna Marroquin to call for emergency medical services at 6:16 a.m.. Marroquin and Officer Ryan Whitehead then entered the cell and removed all detainees except Shaw. Video footage revealed Shaw convulsing and foaming at the mouth.
For approximately three minutes, Whitehead and Marroquin attempted to restrain Shaw’s movements, seemingly trying to pin him down. Marroquin then stepped back and used her Taser repeatedly in “drive-stun” mode on Shaw’s left side and leg. Shaw rolled away from the officers towards the toilet area and managed to get up. Another officer entered the cell, and Shaw approached Whitehead. Whitehead tasered Shaw in the chest, causing him to fall face-first onto the concrete floor. Then a fourth officer arrived and joined the others in attempting to “restrain” Shaw.
The EMTs arrived at 6:26 a.m. but were denied entry to the cell. Their request to transport Shaw on a gurney was dismissed, and the four officers continued trying to subdue Shaw. Shaw fell over, and the EMTs again offered to place him on a stretcher. They were again rebuffed.
At 6:28 a.m., the officers locked Shaw into a restraint chair and transported him to the booking area. Shaw screamed for help. Officials attempted to question Shaw despite his apparent unresponsiveness. Shaw called out for his mother, who had brought his epilepsy medication to the jail in the past. The officers kept Shaw in the chair for approximately 17 minutes.
Finally, the officers assented to handing Shaw over to the EMTs. He was moved to a gurney, handcuffed again, and placed in an ambulance. As the ambulance departed at 6:57 a.m., Shaw experienced cardiac arrest. He died the following day.
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