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DEFENDANT’S Excessive Use of Force – Hospital Negligence – Civil Rights –– Plaintiff alleges that she was subjected to the excessive use of force and unlawfully detained when she attempted to leave the emergency room following a motor vehicle collision.

Suffolk County, MA

In this matter, the plaintiff patient alleged that she was subjected to excessive use of force by hospital security when she attempted to leave the emergency room following a motor vehicle collision. The plaintiff alleged that she was struck, handcuffed and her arms were twisted by the security officer causing her physical and emotional damage. The defendant denied the allegations and disputed that any excessive force was used.

The female plaintiff was brought to the defendant’s emergency department following a motor vehicle collision for treatment relating to injuries she sustained in the collision. The plaintiff alleged that when she asked for her belongings and indicated that she wanted to leave the hospital she was subject to assault and the excessive use of force by one of the defendant’s security officers who twisted her arm behind her back, handcuffed her and struck her. The plaintiff alleged that she was detained for two hours at the hospital after she indicated that she wished to leave and then was taken to the police station where she was kept overnight.

The plaintiff brought suit against the defendant hospital alleging a violation of her civil rights due to the unlawful detainment and use of excessive force to restrain her against her will. The defendant denied the allegations. The defendant maintained that the plaintiff became aggressive and dangerous during her examination which warranted the security officer’s intervention and her restraint. The defendant denied that there was any excessive use of force.

The matter was tried.At the conclusion of the trial, the jury deliberated and returned its verdict in favor of the defendant hospital and against the plaintiff.

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