A Burlington Vermont mother wanted to teach her teenage son a lesson. He had stolen e-cigarettes from a gas station. She called the police.
What happened next that evening in May 2021 is the basis for the mother’s lawsuit, alleging that Burlington police used excessive force and discriminated against her unarmed son, who is Black and has behavioral and intellectual challenges.
After he refused to hand over the last of the stolen e-cigarettes, two officers physically forced him to do so, and then Cathy Austrian’s son was handcuffed and pinned to the ground while screaming and struggling, according to a civil lawsuit filed Tuesday and police body-camera video shared with The Associated Press by the American Civil Liberties Union of Vermont.
Subsequently, he was given ketamine and then taken to the hospital. Ketamine hasn’t been without controversy in recent years. In Colorado, two paramedics were convicted late last year for administering an overdose of the sedative to Elijah McClain, a 23-year-old Black man, after police placed him in a neck hold, and he later died.
According to the lawsuit, Burlington police officers had previously visited the residence and were aware of the teenager’s problems. According to the lawsuit, Austrian fostered the boy, who, like his birth mother, had developmental and intellectual impairments, from the age of 5 months and adopted him at the age of two.
Body-camera footage shows two police speaking quietly to the teen, who is sitting on a bed. His mother encourages him to cooperate; she digs through the drawers, finds the majority of the remaining e-cigarettes, and attempts to obtain the final one from him.
Officers claim if he hands over the e-cigarettes, they will go and he will not be charged. He does not answer. After approximately ten minutes, the officers step in and forcibly remove the remaining of the e-cigarettes from his hand, twisting his arms behind his back and pinning the 230-pound teenager against the bed.
The teenager attempted to kick and fight authorities when they recovered the final stolen item, according to police reports. The lawsuit states that the youngster “reflexively rose from the bed and flailed his arms haphazardly at the officers.” The officers handcuffed him and then pinned him to the ground on his stomach. The teenager struggled, shouted, and swore. Officers told him to stop spitting, and police contacted paramedics, who placed a spit hood over his head.
Everyone should have access to the criminal justice system. Disabled people are often treated unfairly in the criminal justice system. When dealing with the police or others in the criminal justice system, disabled people must be treated with dignity and respect.
Sources:
Rathke, Lisa. “A Vermont Mom Called Police to Talk to Her Son about Stealing. He Ended up Handcuffed and Sedated.” AP News, AP News, 2 Feb. 2024, apnews.com/article/black-teen-lawsuit-excessive-force-vermont-disabilities-7b638ed26c299c7f07033968274e8f37.
Tucker, Emma, and Jeremy Harlan. “2 Paramedics Found Guilty of Criminally Negligent Homicide in Elijah Mcclain’s Death.” CNN, Cable News Network, 23 Dec. 2023, http://www.cnn.com/2023/12/22/us/elijah-mcclain-paramedics-trial-verdict/index.html.