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Judge: PBSO deputies violated nurses’ rights by demanding blood tests in suspected DUI cases, By Jane Musgrave, May 20, 2012:”Palm Beach County sheriff’s deputies have been violating the constitutional rights of nurses by threatening them with arrest if the hospital workers didn’t draw blood from suspected drunken drivers, a federal magistrate has ruled.
In a case involving a nurse at the Veterans Affairs Medical Center in Riviera Beach, Magistrate James Hopkins said Sheriff Ric Bradshaw and any ”officer of reasonable competence” should have realized they can’t put a medical professional in handcuffs for refusing to conduct a blood test.
”The Sheriff’s Department knew or should have known implementation of the policy would inevitably lead to violations of the Fourth Amendment for false arrest,” Hopkins wrote in a 27-page opinion this month.
The ruling stemmed from a lawsuit VA nurse Marjorie DePalis-Lachaud filed last spring against the agency, two years after she was put in handcuffs and forced to sit in a patrol car after she explained to deputy Kenneth Noel that hospital policy prevented her from drawing blood without a doctor’s order.
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