Saturday, June 13, 2015

An East Tennessee State University medical school psychiatrist Sues Claiming False Arrest for DUI (Despite Failing Streetside Sobriety Tests)

Apparently local Law Enforcement was not appropriately deferential and arrested him because he failed the tests. Also, if he is in such rough shape (as alleged in the lawsuit), what business does he have being a psychistrist? Note this quote from the story:

Also, during the booking process, Agrawal said Stillwagon’s data entry device made a “machine gun” sound, which further terrified Agrawal.
I sure wouldn't want him even as a regular doctor! Paranoia anyone?

It is rare that a shrink gets the same treatment that patients often do. He also sounds like he is looking for a payday

From a report in the Johnson City Press
An East Tennessee State University medical school psychiatrist at the Veterans Affairs Medical Center, Mountain Home, has sued Washington County, Johnson City and a city police officer over an alleged bogus DUI arrest and his treatment while jailed nearly 36 hours.

Dr. Newton Agrawal filed the lawsuit through his attorney, Richard Pectol, in Washington County Circuit Court May 28, almost one year to the date of his arrest. Agrawal was pulled over around 11:50 p.m. on May 30, 2014, near the intersection of Buffalo and East Main streets by Johnson City Police Officer Kirt Stillwagon and ultimately arrested on two charges — DUI and violation of the light law. Months later, blood alcohol test results showed no alcohol in Agrawal’s system and a toxicology report indicated all drug tests were negative. Both charges were dismissed by state prosecutors in October.

According to the filing, Agrawal had attended a gathering of co-workers at Gourmet & Co. earlier in the evening, where he had one alcoholic drink around 7 p.m. During the time at the restaurant, Agrawal ate a meal and drank water. Around 11:30 p.m., Agrawal left the restaurant to drive home, but was pulled over by Stillwagon, “purportedly for driving with a headlight that was not illuminated,” the suit states.

Agrawal apparently admitted to Stillwagon that he had been at Gourmet & Co. and consumed one alcoholic drink. That’s when Stillwagon asked Agrawal for his license and vehicle registration. According to the warrant charging Agrawal with DUI, Stillwagon said the doctor “fumbled papers, losing focus on what was asked originally.” The warrant does not indicate Stillwagon smelled alcohol, observed bloodshot eyes on Agrawal or that Agrawal had slurred speech or was driving erratically.

Stillwagon then administered several field sobriety tests — finger dexterity, on which Stillwagon said Agrawal did poorly; recite the alphabet from E to Q, which was performed correctly; horizontal gaze nystagmus — the follow-my-finger” test; as well as the walk-a-straight-line test. Both of the last two tests were performed poorly, according to Stillwagon’s affidavit of the arrest.

Agrawal stated in the suit that he was forced to conduct the field sobriety tests on a sloped surface while wearing formal shoes and with flashing lights from three police cars blinding him. He also asked Stillwagon to allow him to calm down for a few minutes because the act of being pulled over, and that multiple police officers responded to the traffic stop, caused him to be nervous and anxious. The lawsuit indicates Stillwagon refused Agrawal any time to calm himself before performing the tests, and he also denies performing poorly on the tests.

Stillwagon took Agrawal to Johnson City Medical Center approximately one hour after the stop for a blood test, but did not perform a breathalyzer, according to the lawsuit.

Once at the jail, Agrawal said he was mistreated by booking officers who refused to allow him to call to a bondsman, tried to force him to sign a statement indicating he was suicidal and then refused Agrawal a mental health assessment when he requested one. Following the booking process, Agrawal said he was told to strip naked, and was then placed in a suicide watch cell where he was kept from May 31, 2014, until the morning of June 2, 2014. Also, during the booking process, Agrawal said Stillwagon’s data entry device made a “machine gun” sound, which further terrified Agrawal.

During that time in the suicide watch cell, Agrawal said he was given only a thin paper sheet to cover himself and was housed with two inmates also placed on suicide watch. Also, Agrawal said he attempted to get the attention of booking officers numerous times to ask to arrange for bond and for his heart medicine, but he was ignored by the officers who sat just feet away from the cell.

Agrawal said in his lawsuit that he did not receive a mental health assessment until June 2, and it was conducted over the phone. That morning he was also allowed to call a bondsman so he could be released from jail. ”Stillwagon’s tortuous acts and omissions as described ... will continue to cause (Agrawal) to suffer fear, terror, nightmares, embarrassment, humiliation, damage to his professional reputation as a medical doctor .... emotional stress, mental anguish, a disruption of his normal everyday life activities, and a loss of the enjoyment and pleasures of life,“ the suit states.

The suit, which states Agrawal also suffered physically from being “slammed by Stillwagon onto the hood of his patrol car and onto the counter in the Washington County Detention Center,” asks for a judgment against the defendants for a total of $1.8 million in compensatory damages. The lawsuit had not been served on the city, county or Stillwagon as of Wednesday morning. Once it is served, the parties have 30 days to file a response.

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