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Judge keeps alive Vermont lawsuit that accuses police of force, discrimination against Black teen

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Judge keeps alive Vermont lawsuit that accuses police of force, discrimination against Black teen
News

News

Judge keeps alive Vermont lawsuit that accuses police of force, discrimination against Black teen

2024-08-07 04:57 Last Updated At:05:01

A Vermont judge has denied the city of Burlington’s request to dismiss a lawsuit alleging that police used excessive force and discriminated against a Black teenager whose mother had called law enforcement to teach him a lesson about stealing.

When the 14-year-old, who has behavioral and intellectual disabilities, failed to hand over the last of the stolen e-cigarettes on May 15, 2021, two officers physically forced him to do so, according to the lawsuit and police body camera video shared with The Associated Press by the American Civil Liberties Union of Vermont. The teen was handcuffed and pinned to the ground in his house as he screamed and struggled, according to the lawsuit.

He was injected with the sedative ketamine and taken to a hospital, according to the lawsuit and video.

The lawsuit, filed by the teen's mother, accuses officers of treating him differently because they perceived him as aggressive due to his race. It also alleges that injecting him with ketamine was “race-based disparate treatment." Burlington officers had visited the home before and were aware of the teen’s disabilities, the lawsuit says.

“Too often, victims of police violence are denied their day in court because of an unjust legal doctrine called ‘qualified immunity,‘” Vermont ACLU attorney Harrison Stark wrote in a statement. “We are thrilled that ... the Court has agreed that this ‘get-out-of-court-free’ card is no excuse to close the courthouse doors."

The city did not immediately return an email seeking comment. A city spokesperson said in February that an investigation found that officers and fire department EMTs acted according to city and state regulations and policies.

The Associated Press generally doesn’t identify minors who are accused of crimes.

Body camera video shows two officers talking calmly to the teen, who is sitting on a bed. His mother tells him to cooperate; she goes through drawers and finds most of the remaining e-cigarettes and tries to get the last one from him.

Officers say if he turns the e-cigarettes over, they’ll leave and he won’t be charged. He doesn’t respond. After about 10 minutes, the officers forcibly remove the last of the e-cigarettes from his hand by pulling the 230-pound teen's arms behind his back and pinning him against the bed.

The city argued that officers conducted a reasonable search and seizure; that its police and fire departments are not subject to the Vermont Fair Housing and Public Accommodations Act and that they made reasonable efforts to account for the teen's disabilities; and that its police and fire departments are protected by qualified immunity, according to the judge.

"The crime was not serious, he did not pose an immediate threat, and he did not try to ‘evade arrest by flight,'” Vermont Superior Court Judge Helen Toor wrote in her ruling July 31. The officers also should have taken into account his reported mental health condition, she wrote. "That might have involved waiting more than 10 minutes before using any kind of physical force," she wrote.

Toor also wrote that “the allegations are more than sufficient to support a claim of racial discrimination." She also wrote the court “has no basis to dismiss any of the claims on qualified immunity grounds at this stage.” The city has three weeks from the judge's ruling to respond. A city spokesperson said by email on Tuesday that the city did not want to “comment on, or make predictions about, the likelihood of any particular outcome as this case moves forward through the court.”

The use of ketamine on suspects has recently come under scrutiny. At least 17 people died in Florida over a decade following encounters with police during which medical personnel injected them with sedatives, an investigation led by The Associated Press has found.

In Burlington, after the city investigated, the mayor at the time ordered the fire department to review the use of ketamine, and the state has updated protocols to require a doctor's permission, the city spokesperson said in February. Paramedics in the Burlington teen's case did get a doctor’s permission even though it wasn't required at the time, she said.

FILE - This image provided by American Civil Liberties Union of Vermont shows Burlington Police Department body cam footage of a police interaction with a Black teen in his home on May 15, 2021 in Burlington, Vt. (Burlington Police Department/American Civil Liberties Union of Vermont via AP)

FILE - This image provided by American Civil Liberties Union of Vermont shows Burlington Police Department body cam footage of a police interaction with a Black teen in his home on May 15, 2021 in Burlington, Vt. (Burlington Police Department/American Civil Liberties Union of Vermont via AP)

BANGKOK (AP) — It's a big day for LGBTQ+ couples in Thailand.

On Thursday, they gained the legal right to register their marriages, making it the first country in Southeast Asia and the third place in Asia to recognize same-sex unions, after Taiwan and Nepal. In central Bangkok, a popular shopping mall held a daylong gala to help accommodate the hundreds of same-sex couples who wanted to register their marriages on the very first day.

Thailand has a reputation for acceptance and inclusivity but struggled for decades to pass a marriage equality law. Thai society has broadly conservative values, and members of the LGBTQ+ community say they face discrimination in everyday life, while also saying they've seen great improvement in recent years.

The marriage equality bill was officially written into law on Sept. 24, after it was endorsed by King Maha Vajiralongkorn.

The government led by the Pheu Thai party made marriage equality one of its main goals after coming to power in 2023. It had a major presence at the annual Bangkok Pride parade in June, with thousands of people celebrating in one of Bangkok’s busiest commercial districts.

The Associated Press spoke with seven same-sex couples in the days before the law took effect:

“This law doesn’t only equate life. It is life! At long last, Thailand’s society accepts the legality of all marriages in our land, regardless of sexual orientation. With that one sentence, lost or wasted lives have been rescued. Spirits restored. The whole country is better off.” — Jakrapob Penkair

“The marriage equality law will bring about a multitude of positive outcomes, especially by providing greater security and legal assurances for our relationships, including better access to health care and other protections. I’m truly happy this day has finally become a reality,” — Prorawin Battemdee

“The enforcement of the marriage equality law is proof that regardless of our gender, we all share the same basic human rights in every aspect under Thai law. It also paves the way for other countries in Asia, highlighting the importance of recognizing each other’s human values and enabling everyone to live.” — Kullayahnut Akkharasretthabudh

“This law will grant both of us the right to take care of each other, legally sign consent for the other’s medical treatment, and provide each other with lifelong security. When one of us dies, the law will ensure that our bond is recognized and protected.” — Chantamas Hemapanpairo

"We’re quite fortunate. We have a supportive social circle, friends, and family who accept us for who we are and accept the person we love. Marriage, it seems, isn’t everything that fulfills us emotionally. “However, ultimately, we believe that as two human beings, we should be granted the same basic legal rights as heterosexual couples. We are a complete family in spirit, but legal recognition would alleviate our future anxieties. In the end, we aren’t asking for anything special — we just want a simple, happy family life.” — Patherine Khunnares

“Before the marriage equality bill became law, I personally felt that I could only use the word ‘partner.’ But from now on, it’s ‘family.’ — Jutarat Chuenpae

“The marriage equality law allows everyone’s lives to complete each other without any further discrimination.” — Panuwat Srisawat

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FILE - Participants hold a rainbow flag during the Pride Parade in Bangkok, Thailand, June 1, 2024. (AP Photo/Sakchai Lalit, File)

FILE - Participants hold a rainbow flag during the Pride Parade in Bangkok, Thailand, June 1, 2024. (AP Photo/Sakchai Lalit, File)

Panuwat Srisawat, 35, hair creative, left, and Kritsanai Promsiriruk, 62, actor, stand for a portrait in Bangkok, Thailand, Sunday, Jan. 12, 2025. (AP Photo/Sakchai Lalit)

Panuwat Srisawat, 35, hair creative, left, and Kritsanai Promsiriruk, 62, actor, stand for a portrait in Bangkok, Thailand, Sunday, Jan. 12, 2025. (AP Photo/Sakchai Lalit)

Nutanong sopon, 43, left, and Jutarat chuenpae, 37, both business owners, hold hands and jump for a photograph in Bangkok, Thailand, Sunday, Jan. 12, 2025, (AP Photo/Sakchai Lalit)

Nutanong sopon, 43, left, and Jutarat chuenpae, 37, both business owners, hold hands and jump for a photograph in Bangkok, Thailand, Sunday, Jan. 12, 2025, (AP Photo/Sakchai Lalit)

Patherine Khunnares, 37, web designer, left, and Vivian Chullamon, 36, researcher, stand for a photograph in Bangkok, Thailand, Sunday, Jan. 12, 2025. (AP Photo/Sakchai Lalit)

Patherine Khunnares, 37, web designer, left, and Vivian Chullamon, 36, researcher, stand for a photograph in Bangkok, Thailand, Sunday, Jan. 12, 2025. (AP Photo/Sakchai Lalit)

Chantamas Hemapanpairo, 52, business owner, and Sirada Thongchua, 38, teacher, pose for a portrait in Bangkok, Thailand, Sunday, Jan. 12, 2025. (AP Photo/Sakchai Lalit)

Chantamas Hemapanpairo, 52, business owner, and Sirada Thongchua, 38, teacher, pose for a portrait in Bangkok, Thailand, Sunday, Jan. 12, 2025. (AP Photo/Sakchai Lalit)

Juthatip Suttiwong, 24, chef, left, and Kullayahnut Akkharasretthabudh, 38, real estate owner, pose for a portrait in Bangkok, Thailand, Saturday, Jan. 11, 2025, (AP Photo/Sakchai Lalit)

Juthatip Suttiwong, 24, chef, left, and Kullayahnut Akkharasretthabudh, 38, real estate owner, pose for a portrait in Bangkok, Thailand, Saturday, Jan. 11, 2025, (AP Photo/Sakchai Lalit)

Pitee Chuchomchuen, 39, designer, left, and Prorawin Battemdee, 40, public relations officer, pose for a photograph in Bangkok, Thailand, Saturday, Jan. 11, 2025. (AP Photo/Sakchai Lalit)

Pitee Chuchomchuen, 39, designer, left, and Prorawin Battemdee, 40, public relations officer, pose for a photograph in Bangkok, Thailand, Saturday, Jan. 11, 2025. (AP Photo/Sakchai Lalit)

Jakrapob Penkair, right, 57, former Prime Minister's Office minister, and Supraipon Chuaychoo, 44, tourism business owner, sit for a photograph in Bangkok, Thailand, Saturday, Jan. 11, 2025. (AP Photo/Sakchai Lalit)

Jakrapob Penkair, right, 57, former Prime Minister's Office minister, and Supraipon Chuaychoo, 44, tourism business owner, sit for a photograph in Bangkok, Thailand, Saturday, Jan. 11, 2025. (AP Photo/Sakchai Lalit)

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