VA Police Brutality: Victim Gets Settlement In Excessive Force Lawsuit
The Phoenix VA Medical Center settled an excessive force lawsuit with one veteran who was the victim of VA police brutality caught on video.
The veteran, Errick Hathaway, served multiple tours in Kosovo but received a bad conduct discharge in 2005. That discharge resulted in Hathaway being ineligible for mental health care he needed in 2015 when attacked by VA police at Phoenix VA Medical Center.
Just last year, lawmakers changed the preclusion allowing veterans like Hathaway to receive some mental health care. The US Armed Forces frequently discharged service-members suffering from PTSD without diagnosis using bad conduct discharges as a means to evade taxpayer accountability through disability benefits and health care, later.
Hathaway occasionally sought care from Phoenix VA for his mental health, which he sometimes received based on humanitarian grounds decided by local clinicians or administrators.
Hathaway VA Police Brutality
So, when he tried to get care at Phoenix VA on September 9, 2015, his presence at the medical center was not unusual. As covered by The Intercept, what followed appears to be par for the course for many veterans nationwide.
One hospital staffer accused the veteran of trespassing at the medical center dedicated to serving veterans. Three VA police officers were alerted to the accusation and attempted to arrest Hathaway, who resisted.
Resisting arrest is not great. In fact, it is illegal and likely will result in additional charges beyond what a person is already going to get charged with following an arrest, such as what followed.
In the ensuing scuffle, Hathaway allegedly kicked the officers and bit the thumb of one, which could be a consequence of untreated mental illness.
Once handcuffed, the three officers in an apparent rage continued the altercation, much of which was caught on video.
The veteran was forced into a wheelchair while handcuffed.
He was then hauled into a holding cell at the hospital where two officers slammed his body and head into a wall and then the floor. Hathaway says one of the officers then tried to strangle him leaving a red mark around his neck.
RELATED: Did VA Police Beating Cause Veteran’s Death?
The body slamming and strangulation, if true, are examples of police brutality.
The video does not clearly show the strangulation, but images of Hathaway’s injuries are undeniable. He suffered a two-inch gash on his forehead after being restrained and possible strangulation marks on his neck.
The agency filed five criminal charges against the veteran who was convicted of felony aggravated assault of a police officer.
Hathaway served 16 months in prison following his conviction.
RELATED: VA Shuts Down Longterm PTSD Therapy Program
Once released from prison, Hathaway reportedly filed a lawsuit against the VA for use of excessive force in the altercation aka police brutality. The agency ultimately settled for $25,000 without admitting fault according to the veteran’s lawyer, Charles Piccuta.
Again, resisting arrest is a poor idea, generally speaking. However, attacking any person once they are fully restrained, as Hathaway was, is also illegal. VA police officers should avoid this practice, too.
Excessive Force
In case you are wondering what the legal definition is of “excessive force” and how it might apply to your situation, I grabbed the definition from USLegal:
Excessive force by a law enforcement officer(s) is a violation of a person’s constitutional rights. The term ‘excessive force’ is not precisely defined; however, the use of force greater than that which a reasonable and prudent law enforcement officer would use under the circumstances is generally considered to be excessive. In most cases, the minimum amount force required to achieve a safe and effective outcome during law enforcement procedures is recommended.
Police brutality is a violation of the law. “Cruel and unusual punishments” by the state (police) are prohibited by the Eighth Amendment to the U.S. Constitution. The Fourteenth Amendment provides further protection to individuals, prohibiting the state from depriving “any person of life, liberty, or property, without due process of law”.
Police brutality is a form of misconduct where a police officer uses excessive force meaning force that is “greater than that which a reasonable and prudent law enforcement officer would use under the circumstances”.
Did the VA police use excessive force, here? Based on the allegations, they most certainly did by physically abusing the restrained veteran while he was detained in a cell.
In this instance, the agency settled the lawsuit without admitting fault.
It seems possible, and even likely, that the agency settled to avoid any embarrassing exposure as to how leadership handled the physical abuse of the restrained veteran given that it was captured on video.
But for the video, you can rest assured VA likely would not have settled the matter.
The agency generally preserves video for at least a few days. If an incident occurs, veterans would be well served to request copies of area video immediately using FOIA before the recordings are deleted or recorded over.
Previous VA Police Brutality
The Hathaway incident was not the first rodeo for at least one of the officers that may have occurred under the leadership of the “Queen of cover-ups” Kathleen Fogarty who headed VISN 18 following exposure of the Phoenix VA wait time debacle.
Monday, I wrote about Fogarty’s cover-up of a subsequent battery at the hands of VA police at Kansas City VA resulting in the death of that elderly veteran in 2018.
RELATED: Elderly Veteran Death By VA Police Obfuscated By ‘Queen Of Cover-Ups’
A couple of months before the Hathaway incident, back in 2015, a VA whistleblower reported having witnessed the same officer allegedly choking Hathaway choke a different patient. In that instance, the veteran was a patient who said he was suicidal but “wasn’t being disruptive” or behaving in a violent manner justifying strangulation.
The whistleblower, a former VA police officer himself, said, “His eyeballs were popping out of his head; he was turning another color.”
Is strangling suicidal veterans an approved suicide prevention technique?
RELATED: VA Pays $300k In Sepsis Death
The incident of police brutality was reported to VA OIG that failed to interview the whistleblower who reported the attack. When asked by The Intercept for comment, OIG refused to even admit it investigated the matter, as if the investigation itself is some national secret.
Meanwhile, the officers implicated in Hathaway’s VA police excessive force incident still work for the agency.
The Intercept covered Hathaway’s story and those of other veterans who were body slammed by VA police over the years. VA admits it lacks adequate training and staffing for VA police that is at least partly to blame for the poor treatment of veterans.
RELATED: VA Executives Cover-up Deadly Bacteria At Hospital
Fogarty is now implicated in another incident of possible VA police brutality
Disruptive Behavior Committee
I’ve been covering Disruptive Behavior Committees for some years, and it seems the agency is not backing down on its treatment of veterans in those circumstances.
Rather than improve training, the agency is apparently running the other way, at least when it comes to body slamming veterans.
Therapeutic Containment
It is worth noting VA’s use of “therapeutic containment” against veterans supposedly deemed threats to themselves or others at medical centers.
RELATED: VA Paints Veterans As Crazed Psychos
Yes, that’s a thing.
For those of you who are new to the concept of Disruptive Behavior Committees, here is some information to make you aware of “disruptive behavior” according to VA.
DOWNLOAD: VA – Prevention & Management Of Disruptive Behavior
The following is straight from a Word document published by the VA Eastern Colorado Health Care System – – this is the same VA system that erroneously told veterans that their smartphones were banned items along with weapons like guns and knives.
Yes, that also happened, and VA later rescinded the ban once we exposed it here.
What Is Disruptive Behavior?
The following excerpt in italics is a quote from VA:
Definition of Disruptive Behavior: Any unacceptable behavior that causes the routine operations of the VA Eastern Colorado Health Care System (ECHCS) to be interrupted, impeded, or result in an unsafe environment.
• All threatening and/or inappropriate behavior
• Verbal or non-verbal
• With or without an intent to inflict harm
• Use of physical force to violate, damage, or
abuse another person or property
• Use of weapons or other instruments to threaten or inflict bodily harm
• Can take the form of sarcasm, profanity, threats, loud & belligerent verbalizations, refusal to follow reasonable requests or the use of physical force or violence
Sarcasm? Reasonable Requests?
Some on this list seem obvious but the last bullet on the list seems excessive. It seems VA wants practically any display of emotion while in a bad mood to be a punishable offense.
But “sarcasm”? How about “refusal to follow reasonable requests”?
Would Jerry Seinfeld be banned from VA for biting sarcasm? Maybe not Jerry, but definitely Newman.
How about farting or making fart noises? Is farting sufficiently disruptive to deserve a patient flag? I guess it depends on who decides.
Do we not have a Constitution that allows sarcasm as protected speech? Who decides what a “reasonable” request might be? Does a veteran not have a right to refuse such a request since we are Americans?
Did we somehow lose our rights as citizens when we became soldiers?
In that Word document, VA says it has zero tolerance for disruptive, threatening or violent behavior.
Veterans who exhibit any of the above “disruptive” behaviors will immediately be investigated. “Clinical, administrative, and possibly, legal action will be taken as warranted.”
Is this the United States of America?
RELATED: MISSION Act Urgent Care Expansion Raises Eyebrows
Victims Excessive Force, Police Brutality
Veterans willing to talk about their experience with VA police and excessive force should comment below. By creating a record that VA OIG cannot obfuscate, we begin to paint a picture that better resembles the truth rather than what the agency tells Congress and the news media.
Also, the Hathaway story gives us some insight into how the agency is handling excessive force allegations when caught on tape.
Your take away should be two-fold.
Make a recording of your interactions with VA police so long as the recording is legal if you believe you are in danger. If you are the victim of a battery, you may be able to file a lawsuit against the agency for your injuries.
Be sure to request copies of VA video if the incident occurs in a commons area like a lobby or outside main entrances. If you can see a camera, VA likely was recording, but the agency does not keep recordings indefinitely unless a formal incident is under investigation.
Problems faced by VA Police and veterans interacting with them are now front and center in the policy arena. Reforms to how the agency trains and recruits its police officers should result but do not hold your breath just yet.
I can’t get it to play. Do I paste the link in you tube somewhere? I am not good with technology and usually just watch you tube videos by searching them. I apologize for my stupidity crazy elf. On a separate note, I am still working on pdfing some records for Ben. I took me 2 weeks to figure out what “might” work and I’m going to try my idea tomorrow. Cross your fingers on that… Otherwise I am at my wits end. Whatever happened to xerox machines and snail mail. Some of us are OLD.
So what’s going on here am I missing something from the last couple of weeks? Is there something going on with you Ben? Usually you post every day or two. What’s up. I’m missing my vet info so that I can complain about all the bullshit. (I want it all painted black). Hope your OK.
Where’s the video?
@”Y”,
Here’s the video.
*”https://youtu.be/Ml60Mq9-gnw”*
Douglas Ducote is the utuber who was put on hold when he called the VA’s suicide hotline.
It was shortly after this where the woman who was in charge put in her resignation!
@ elf
Not that video; this video:
“The Phoenix VA Medical Center settled an excessive force lawsuit with one veteran who was the victim of VA police brutality caught on video.”
Not released to the public?
Hey Ben, think they will share stories like this one at their upcoming VA/*DoD fall party bash in Tennessee over suicides? “Suicide Prevention?”
“https://content.govdelivery.com/accounts/USVA/bulletins/24c83f4”
“Code of Support?” What codes?
Will they bring up any major issues like the censoring and banning of veteran’s reports/openly trying to network, media silence, cover-ups, issues with the “thin blue lines?”
Wonder how many more will get illegally detained, doped, ruined, beat up, retaliated against for life, or forced into suicide before their big party gig in Tennessee. None of the masters or major players have the time or willingness to help some vets but they sure do have the travel and party time to keep playing games and ignoring the masses out there.
@”T”,
One might also ask, will they talk about vets being put “on hold” when they call the suicide hotline?
I posted a video, maybe a week ago, where a retired military utuber actually called and was put on hold. It was shortly after that where the woman who is in charge – put in her resignation! Who woulda thunk it!?
*”https://www.military.com/daily-news/2019/07/10/defense-department-va-gear-host-suicide-prevention-conference.html”*
Elf, I remember the video.
Mil com article? What they need is a “whole of society” free of retaliation and corruption, censoring included. I doubt any of them want to take on the tasks of helping whistle-blowers or those like myself that has to live in a community and state full of corruption, to being totally ignored and attacked, black-balled on every level. I will also never forget the treatment other and myself did at the old Military dot com forums and what we were called by some mods there and supported by whoever runs the site. Blocked me from getting news updates or emails from them to this day which I think is funny and very telling about some people and groups.
On the home front same stuff focusing on the usual … homelessness. Which is good but that is all they are about and nothing more serious or of corrupt nature. One new addition is the discussions finally about those with bad paper. No-one will still talk to me or discuss issues of local suicides or the rampant fear of truth, or of all the corruption. I get the brush off by the party cliques and their purveyors/thugs.
“https://www.wthitv.com/content/news/Its-a-crisis-a-new-bill-is-trying-to-help-homeless-veterans-across-the-country–512562141.html”
They don’t mention anyone helped better be ready to bow to the lefty globalist of the United Way, Cath church, “Prog” Chambers, colleges, lefty media to do appeasing photo-ops, and staying silent on any local negatives or the hoops they have to jump through and the rings kissed.
It doesn’t make sense for so many good people working there to treat anyone the way they do. I am sitting down waiting for my appointment for a specialized mental health doctor with the biggest reason didn’t want to die. I was in horrible shape. I sit down and the military channel is on showing killing as were a hobby. The condition in I didn’t need and common sense not to have on and later found there was a policy not to show. 5 VA idiot cops push me down a hallway. I explained why there and what was on and circled me pushing against the wall to intimidate. I told them they were idiots and they told me other people have the right to watch whatever they wanted to and I would need to sit and wait for my appointment 2 clinics away. One of the few times I received a and apology. I have never seen a place that gets upset at sick people for being sick. You can’t get help when your anxiety starts at home before getting there. Hopefully will be smelling daisies and worms soon.
Sent in for publication not edited yet
Government Tosses Veterans Away Like Trash
Veterans affairs police are recently under fire for falsifying records, assaulting veterans, causing death and not reading veterans there constitutional rights. A veteran from Bath VA due in federal court for drug possession. Was his rights read to him? Was a search authorized? This veteran belongs in drug court not Federal court. The VA will put veterans on mind altering drugs take no responsibility for there actions and prosecute veterans. The VA has killed 300,000 vets and not one person prosecuted. The U.S attorney was transporting and using illegal drugs as they refused to prosecute him. The two tier justice system needs to stop. The criminal justice system should be remembered for the lives saved not destroyed.
BA Criminal Justice
Veteran
VA police are trying to prosecute a veteran at bath New York for illegal drugs. Not edited yet but sent in for publication
Government Tosses Veterans Away Like Trash
Veterans affairs police are recently under fire for falsifying records, assaulting veterans, causing death and not reading veterans there constitutional rights. A veteran from Bath VA due in federal court for drug possession. Was his rights read to him? Was a search authorized? This veteran belongs in drug court not Federal court. The VA will put veterans on mind altering drugs take no responsibility for there actions and prosecute veterans. The VA has killed 300,000 vets and not one person prosecuted. The U.S attorney was transporting and using illegal drugs as they refused to prosecute him. The two tier justice system needs to stop. The criminal justice system should be remembered for the lives saved not destroyed.
BA Criminal Justice
Veteran
Nobody deserves the Doughboy because there a Veteran, that poor guy in K.C. didn’t deserve the Khashoggi treatment either, what is going on? This agency can benefit from having a State Trooper at it’s locations, they seem to be very professional and educated, It seems Veterans really have no Constitution Rights any more, most of us served to protect these.
Coming out lady veteran waited 2 years for surgery finally authorized than turned away VA been deliquent on paying bills. Many vets killing themselves won’t get help because VA declines all the bills so they off themselves instead getting frustrated with broken system
Several years ago I received an email stating that the Gainesville VAMC women’s clinic did not like the “tone” of an email that I had sent to a nurse. I was exasperated at the time. No profanity, nothing disrespectful, they just didn’t like the “tone”. I was harshly warned that if my tone didn’t change in future emails I would no longer be permitted to use the email system at the VA. Ever since I have written sickeningly sweet “Susie sunshine” emails that make me want to puke when I correspond via email to the women’s clinic.
Freedom of speech is only good till they want to use it against you in court.
We have over 1 million pissed off people waiting on bennifets being deliberately denied destroying there credit losing there home and committing suicide and none cares this could eventually blow up
Google veteran air grievances at town hall
What va does is put vets on crazy pills than vets go crazy than va prosecutes vets for there mistakes. Whole system a sham deny till they die but give all va employees millions in bonuses for falsifying records assaults deaths and cover ups. Surprised vets are only taken there life. Side effects are suicide. And they cant figure it out. We post the one page speech on here but all the asshats at there desk read it instead of being in for a jaw dropper.
Listen George Carlin on politics it cheer you up.
Mr t what’s your email . Va Indiana va cop was actually prosecuted for falsifying info . I dont trust any of the basterds
I can’t tell you how horrible the VA, they watch all these sites and follow people illegally. They cannot come to a veteran site read and if see something don’t like will then use your name and any information can collect to find you in the VA system reading your files.. so first don’t use your real name. They do not like anything negative being posted and if see you are labeled a trouble maker they will use comments and yank you out of your home. How they with no idea. I have too many problems and wish left world everyday. Went to ER screaming in pain and given a $300 disorderly conduct. I am 100% SC for mental health mostly chronic pain. If seen a person that has mental mental problems would you ticket when the doctor said there’s no problem and if did have mental health causing problems would you A help the veteran and bring over to the mental health ER more suited to help or B have a mental health doctor come over to see if can help or C have 5 idiot VA police conferencing about who the biggest asshole is and give veteran in need a $300 ticket. They ruined my life doing things that wouldn’t be possible. I know too much, but too late. I have had a gun pulled on me and now cry every day hoping not to wake up. The only place safe with no pain or problems is when sleeping. They actually believe we are all stupid with drug problems. I wish could tell my story, but too long and would take forever because too much crying. The worst part is they don’t like hiring veterans for police and someone should find out the percentage of VA police that served and would bet the farm it’s under 50%. That’s a crime. If anyone has applied to work for the VA the interview is 100% explaining you don’t want the job that is temporary and likely won’t last long asking questions that most could never answer an not a requirement for the job. I went today and had a excellent experience, cannot remember the last time had or felt that was since a long time to go.
Here’s a great example of what’s going on in Washington D.C.:
*”https://youtu.be/03oWZrXy5S0″*
This was supposed to start at 2pm est today 10 July 2019. The Veterans Affairs Committee is calling this little get together “The Cost of Caring!”
How many wanna bet VA’s Cashour or Wilkie or some other asshat is going to want MORE TAXPAYERS MONIES. Because I’ll betcha the va has already blown through that $220 BILLION they received last October.
Wanna bet? Huh, do ya?
you know if we could all just get out of the va it close itself down
there is no due process plead guilty or we will over charge you and bankrupt you.
look at lori laughlin case if she was a illegal or big donor could got her kids into college free now she faces a trial that’s going to cost 1million dollars whats the justification in that? colleges and law schools allow open book test and take home test
The vet beaten got a raw deal this should been a multi million dollar lawsuit.
mr t I dont do facebook I’m a whistle blower and speak out of the atrocities of the federal government in the news they know me the veteran committee knows me the halls of congress knows me.
Jy, I found ya per article and search. If the same one and clan. I’ll contact you and give you my info so you can update me on your upcoming speech and info.
Locally the cliques and clubs do, and have been for years, the same as what Lori Loughlin got caught in. The well to do and connected get the educational perks, scholarships, get the grades and degrees without the studying or totally failing critical items like with nurses the math, etc. But they got the desired positions anyway cause of relations with some politician, millionaire, etc. Same things with the authorities or lawyers who maintain their families generational hold in city or county governments. They don’t have to worry about passing the BAR, exams, grades, etc. They all get the desired positions and wanted by our secret clubs and the masters. It’s in every college town and every corrupt town as mine.
Like it isn’t bad enough X VA staff or those moved around end up working in academia as professors or other left winger positions there or to head clinics elsewhere. Or them being trained by the VA say in acupuncture but then once trained go elsewhere to work, train, or scam. Just more crap to deal with on top of everything else and most just allow for it and ignore it. There are far too many kinds of people and with some major issues or placed into positions that have no business or form of character/personal constitutions to work with the public or other human beings in health care or to carry a badge, or sit in office.
Yes to Law Suits. Yes to criminal prosecution. Yes to shutting down the VA permanently. Yes to shutting down the VSO’s.
ELF and Junior, I’m with you brothers. Staying away and trying to live in peace. Alternative Healthcare is the answer for many so called medical issues. You don’t need a douchebag AMA Union Hack telling you how to live a healthy life. Cut down the salt and sugar and exercise, get some rest and talk to friends. Get a dog to take walks with. STAY OFF the VA RESERVATION. IT’s NOT SAFE!
The reasons you posted as violations is very Vague and can include anything. The inspector general’s office stated the regulations are very vague and the Department of Veterans Affairs.
Can Not Even define what constitutes Disruptive Behavior. That is very important.
The report also stated that the Department of Veterans Affairs Regulations require that any Disruptive Behavior ( Must ), be Documented on each and Every Case.
The Inspector General’s report stated that the VA is not following these Regulations. Many of these reports are not Completed upon the initial incident.
Month’s, or not at all. Noting that some were not completed for up to a year.
You all may be Tired of me telling my Story on how a former coworker who was hired at the Manager of the Local Clinic in La Junta Colorado.
When I was employed at the Department of Veterans at the Fort Lyon VAMC in Southern Colorado.
The former coworker was the Chairman of the Department of Veterans Affairs Hispanic Committee.
She was the Chairman and stepped down and the VA Facility Medical Director, Appointed Me as the New Hispanic Chairman.
The Committee was mainly women, all were friends of the former coworker. The former coworker Became Very Angry that I was Appointed to the position.
So much so, she instructed her Friends to start spre rumors and making complaints about me.
I told myself these members do not deserve to be representative of what the Hispanic Committee was all about.
Seems it was just a way to get out of work for that time of the meetings. What I was told all they did was plan to serve hamburgers during celebrations not affiliated with the Committee Mission.
I had the qualifications to be Chairman of the committee. I was the co chairman of the Hispanic Committee at a very large medical center before working at the Fort Lyon VAMC.
I knew exactly what they were doing and they didn’t want to learn anything about what the mission of the committee was formed for.
I went to the Director and told him that I appreciated his confidence he had in me and appreciated the nomination.
But I had to respectfully remove myself as the Hispanic Committee Chairman. Due to the hostility exhibited by those female Members.
During my employment at the Fort Lyon VAMC. I was also the Vice President of the union.
In approximately 2001, a new Director was brought in and it came to my attention that He was Brought in to began the process of Closing Down the Facility.
As the Vice President of the Union and the Rumors. I approached Higher Management and Asked point blank. Are you Planning on Closing this Medical Center.
I was told Absolutely Not ! I Knew this was not True and told them Listen if you are going to be Shutting Down the Facility.
You Must tell the employees what is the, so employees can begin to make arrangements for their future.
My Position was 1st to be eliminated, there were 4 of us who were Medical Administrative Assistant’s in charge of the facility after hours.
I was transferred into positions that I was not qualified to perform, placed here there.
This effected my performance and effected my mental health. I was shot in the head while serving my country and never approved for treatment by the VA Regional Office. PTSD.
I tried to seek treatment as a Veteran. You are not qualified to be seen as a Veteran.
They finally told the Employees that they were in the process of Closing the facility and issued a letter to all employees.
If you are having issues with the closure and need to speak to someone in mental health you can be seen as an employee.
I requested that I be allowed to be seen as an employee. Granted !
The VA denied me any Treatment for over Forty Years and This was the very First Time I was able to tell my story about how I was Shot In The Head While Serving My Country.
This was the first time in 40 years that I finally was able to tell my story to a Real Psychiatrist.
I knew the Psychiatrist and after I told him everything about the shooting and how I was covered up in a blanket over my head. Hearing people talking in a Different Language.
Feeling a body against me on eather side and could hear a motor, so I knew I was in a car.
I had just been shot Point Blank in the Head. I told the Psychiatrist. I thought that I was being taken to be Buried or finished off.
I did not want to Move. I didn’t want them to know I was alive. My Brain was Racing. What are you going to do now Jim ?
What were you taught ! Escape and try and get back to your front lines.
I hatched a plan. Don’t do anything. Let them believe you are Dead. Let them take you wherever and when they remove the Blanket.
Hit the first person you see and get the hell out of there.
When the Car finally stopped, they picked me up and carried me and they laid me down and began to take the blanket off.
I stuck to my plan. When my arms were free, I swung at the first person I saw and immediately I was restrained.
They began Shouting, you are at a Hospital. I don’t remember anything about what they did.
All I can remember is sitting in the back of a Jeep. I remember that I was shot and thought they were going to bury me.
I was transferred to another post. No food, no nothing. I was placed in an apartment in Munich Germany.
Then transferred again to Frankfurt each facility only had 5 soilders. Where there was no work.
Anyway the Psychiatrist said well Jim after what you just told me. I have concluded that you are Suffering from PTSD.
I told him how management had placed me into positions that I was not qualified for and it was effecting my mental health.
He agreed that I should take a Medical retirement. I was granted the Medical Retirement.
I then found an attorney to help me with obtaining my deserved disability benefits.
Within months I was awarded the disability and within months I was awarded 100% Permanent and Total.
Though I was done with the VA. Wrong !
The Female that was the Hispanic Committee Chairman and who told the members to belittle me.
She after the closure, was hired as the Lead Administrator of the new out patient clinic in La Junta Colorado.
This clinic is two blocks from my home. The New Manager and former coworker did the following to me.
Out of Pure Hate she had for me. Effected her Mental Status and She Wanted Revenge.
She proceeded to contact the Denver Chief of Staff and told him, that She Whiteness Me Coming Into The Clinic At least Twice A Month And Become Disruptive.
She not only told the Denver Chief of Staff that she whiteness me being Disruptive. She went on to tell him, That I wanted to Murder Employees at the Clinic.
I was sent a letter from the Denver Chief of Staff. You have been reported as being Disruptive at least twice a month and Became Disruptive and you had made threats of wanting to Murder Employees at the clinic.
You are here by notified you are no longer to go to the clinic or have any contact with the employees.
You will have to go to another facility for treatment. You will have to travel to the Pueblo outpatient clinic for 2 years and after the 2 years if no more Disruptive Behavior is observed you will be allowed treatment back at the local clinic.
They contact the FBI, the inspector General’s Office and The Former Coworker Volunteered to contact My Local Police Department and Told Them that I Wanted to Murder Employees at the clinic.
As an Administrative Assistant I was required to complete many studies and investigations. I know how to find rules and regulations.
Here are the Regulations employees are to follow: Any and All Disruptive Behavior Must Be Documented In Writing on Each and Every Case.
I knew I had never Been Disruptive. I wrote to the Denver Chief of Staff under the Freedom of Information Act.
I requested that I be furnished with any all correspondence reports in any form E- Mails etc.
In writing the Denver Chief of Staff replied We Do Not Have Any Written Evidence of You Ever Being Disruptive !
But we take these Allegations Very Seriously and you will be punished.
The Regulations are Very Clear. A Written Report Is Required On Each And Every Case.
This was Ignored and Hearsay was accepted as Evidence. I was forced to go for two years to the other clinic 120 miles round trip.
When the 2 years was up. I wrote to the Denver Chief of Staff and requested that I be allowed treatment back to my local clinic.
The Chief of Staff, had the former Coworker make the Decision if I would be allowed back to the clinic.
The former Coworker now Manager. Wrote Request Denied. Reason she used is as follows and I quote ” Mr. Gallegos is not authorized to return to the local clinic as He Refuses to Admit he had been Disruptive and Wanted to Murder Employees at the Clinic.
I was punished for another 3 years. The Denver VA wrote into my official Medical Records the following and I quote ” if we (ever ), hear that you are Reported As Being Disruptive Again ?
You will have Federal Charges Placed Upon You And You Will Be Arrested And Banished From All VA Care.
I wrote and called Agency after Agency to no avail. Not our Job.
Any and all inquiries by the DAV and by Senator Bennett’s office were all sent to the very Employee making the False Allegations to Answer Herself.
The Denver Director did write a letter to Senator Bennett and I quote. ” Do To The Disruptive Behavior Reporting. We the Denver VA ( Never Coded Mr. Gallegos official Medical Records For Disruptive Behavior.
Nor did the Denver VA ( Ever ), Red Flagged His Official Medical Records. Big Lies, one after another.
I wrote twice to the Secretary of Veterans Affairs. The last time was approximately a year and a half ago.
Last May a Female called me and my wife, stating she was a Representative From the Denver VA !
She proceeded to tell me and my wife. First of All Mr. Gallegos, I want to Apologize to you for what you have been through !
We here at the Denver VA, Have Determined That back in 2005. The Denver Disruptive Committee Had Not Been Run Properly.
And if your Case Would Have Come in Front of the Facility Disruptive Committee Today ! You Would Have Never Been Punished.
Proceeded to say. Mr. Gallegos If We Could Do Something To Make This Right !
What would you like us to Do ! ?
My Wife and I were shocked to hear someone from the Denver VA Comfirm That I Was Falsely Accused of Disruptive Behavior since 2005.
I thanked her for contacting me and Confirming that I was Falsely Accused.
My mind was Racing and I said okay. What would I like to happen to make this Right !
I made the following request. How about having the Denver Chief of Staff or the Director write me a letter of Apology and Cleanse all of my Official Medical Records.
I thought that would be accepted. Nope !
The Denver Representative became very Angry and Hostile. She began Yelling and said and I quote. ” Why Should We Apologize To You For Something That Happened Before We Were In Charge !
You just asked me what I would like done. I then asked Mam, if you had no Real intention of helping me.
Why did you even bother calling me and my wife. Response was as follows and I quote. ” Because We Had To, We Received An Inquiry from the Secretary of Veterans Affairs.
Are you going to write me a letter of our Conversation ?. Answer was NO !
Well are you going to tell the Secretary of Veterans Affairs what you just told me and my wife about the Denver Disruptive Behavior Committee not being run Properly back in 2005. Yes she replied.
This is July, over a year now and nothing. I know that the Representative never told the Secretary the truth and I am still labeled as a Disruptive Person and a possible Murderer.
I began seeing a new Psychiatrist and didn’t know if he would be part of the Coverup. I never spoke to him about this matter.
A couple of weeks ago. I had an appointment with him. I said Doc, I want to talk to you about something that happened to me concerning Disruptive Behavior.
You have read my File and have seen that I had been Reported as being Disruptive. I told him the Whole Story and how I has accumulated over 150 pages of evidence that proves I was Falsely Accused and Punished.
He, said aren’t you being seen at the Local Clinic now..have they said or done anything to you.
I said no, they have not done anything to me. But the Manager who falsely accused me of Disruptive Behavior would come and sit in the outpatient office watching and listening to me.
I know she told the other employees that I had been Disruptive and Wanted to Murder Employees at the clinic.
I feel like a criminal each time I go to the clinic. Is today going to be the Day the Manager will Falsely Accuse me of being Disruptive Again.
Will this be the day when I will be Arrested and Federal Charges Placed Upon me and I will be Banished from all VA care ! ?
I was very surprised by my Psychiatrist, he asked why are you so concerned about this ?.
I told him what they wrote into my official Medical Records. That I would have Federal Charges placed upon me and I would be Arrested and Banished from all VA care if anyone reported that I was Disruptive again.
Each and every time they print out a Problem List. It shows ICD-9. Disruptive Behavior.
Everyone who looks at my electronic Medical Records Sees the Disruptive Behavior as a Problem.
I am then treatment like a criminal. They send in 2, 3 , 4 employees to stand Guard.
He, said Jim come over here to the Computer and pointed to the problem list, and pointed to the ICD- 9 Disruptive Behavior.
Is this what you are speaking about ?. Yes.
He said Watch and He hit a Simple Button and he said these. It has been erased back to 2005.
He said no one should be able to see that again.
Jim, I have known you for a while now and I Know you are not this type of person. You are a very nice person.
The Denver VA Representative I know did nothing and is still covering this up. I believe there are a total of about 15 employees who were involved in the coverage up. I have all of their names and positions.
I feel better now that he believes me and deleted the ICD-9. But I still know that the Manager is still employed at the clinic.
I feel Other Veterans are in real Danger and have told me that they also have been reported as being disruptive at the clinic.
Here is the kicker, the former coworker and now Manager, Has Her Office Downstairs.
What 15 inches of Concrete between her office and the Clinic upstairs. I told my Psychiatrist this and told him Doc you know I have only see 1 one person to be able to see through Walls and Hear Through Walls !
And that was Superman !
Yes, the VA is willing and condone the employees to Punish and Falsely Accuse Veterans at will.
Each time they do this. The Veteran is then Stripped of all of their Human rights, civil Rights and Constitutional Rights to a Fair Trial.
You can not seek council. You can not Face their accuser. You can not present Evidence.
If reported as being Disruptive, the Veterans are Automatically Judged as Being Guilty and Not Innocent Until Proven Guilty.
How many of the 22 veterans Committing Suicide Each And Every Day. Have been Falsely Accused and felt betrayed and killed themselves.
Since when did Veterans loose all of their rights that they have Fought for with Blood.
The Veterans Administration has Become a very Dangerous Place for Veterans. Our Elected Officials are Allowing the Department of Veterans Affairs to Harm Veterans.
If they really cared about Veterans ! They would make Laws that would require these type of employees to be held accountable through our justice Department.
Federal Charges placed upon them, Arrested and Forced to Explain Themselves to a Federal Judge.
That is the ( ONLY WAY ), VA Employees will Get the Message. You Harm a Veteran intentionally and purposely you will be charged with a Felony and will Face Jail Time.
What you all say. Should employees be Held Accountable Through Our Justice Department and all veterans be able to Sue the VA. Not a class Action lawsuit. Individual law suits.
God bless America and all of My Fellow Veterans. May God hold these type of Employees Accountable and Send them where they belong.
In Hell. They are putting Veterans through Hell. Now is their Turn.
James, yes, employees should be held accountable. Do we have a legal system today? No, only if one can buy it even if one is guilty. Will go free. James, I appreciate your story. Thanks for writing about it. I have a response but will write later.
I’ve said I fear for my life at VAMC and will rarely go to one without taking a friend with me. I’ve never been asked why I feel this way by anyone at VA. Very telling. If the doctors don’t get you there the VA gestapo will.
@”junior2/5″,
I too have come to the conclusion a majority of va employees are untrustworthy and vile criminals. Their only thought is to receive a bonus for doing the job they were hired for. When have you ever heard of being paid extra for doing your job? Only at a corrupt agency would that occur, in my opinion!
All I can say is: IF YOU VALUE YOUR LIFE, STAY AS FAR AWAY FROM THE VA AS POSSIBLE!
I googled “Veterans Administration crimes” and found this report from 2018;
*”https://trac.syr.edu/tracreports/crim/505/”*
In my opinion, this article is vague in nature. Because it doesn’t explain who the perpetrators were. Were they they employees OR veterans/patients?
This one is from June 16th, 2019.
*”https://newsmaven.io/pinacnews/cops-gone-rogue/veterans-affairs-police-literally-body-slammed-veterans-killing-some-of-them-l4t085qZsU6yowBB0gdmmA/”*
Seems this is a systemic problem within VA!
This report is from July 8th, 2019.
*”https://thecrimereport.org/2019/07/08/veterans-affairs-police-accused-of-vast-misconduct/”*
Crazy Elf use another search engine besides Google. I am serious. Google is censoring search topics.
Crazy Elf,
when I was speaking about Google, I meant being investigated by DOJ in regards to Anti-Trust Laws.
Plus, try to view
JamesO’Keefe
@info.projectveritas.com
Project Veritas…. Investigative journalist /reporter..
Has and had Whistleblowers from Google coming forth to tell Project Veritas to provide info about Google’s targeting conservatives or ???????
Censorship.
Crazy Elf, you may already be aware of this info. But, just came back to clarify why I was saying what I was saying.
Very sad to me how people cut people off just because of disagreeing or because of having a different perspective on life.
Best.
Cruel and unusual punishments” by the state (police) are prohibited by the Eighth Amendment to the U.S. Constitution.
LOL WHEN DOES THE VA FOLLOW ANY LAW……NEVER
There’s that pesky 14th Amendment, along with the 5th Amendment, rearing its head and failing to give veterans “due process”!
Seems anything a VA employee says is true and anything a veteran says is untrue! Of course, that’s the defining attitude by almost every va employee!
Here’s something you might want to consider. Have you ever had a VA employee straight out lie to a veteran? That said, who wouldn’t get upset or agitated? By VA’s definition, that, in itself, would be grounds to be flagged! Am I the only one who sees this as a violation of many constitutional rights. Guaranteed under the “Bill of Rights”? Or, am I just naive enough to believe we have any rights whatsoever?
God said, “In the ‘end days’ what was bad is good and what was good is bad!”
I believe we’re seeing this occur in our time! It’s time to pray brothers and sisters.
Don’t know about other states, locations, but in Indiana some of us have no rights, protections, or legal aid to be found. Though plenty of activist, thugs, corrupted coming out of the woodwork. They Have “Humanitarian” thoughts out there?
““Cruel and unusual punishments” by the state (police) are prohibited by the Eighth Amendment to the U.S. Constitution. The Fourteenth Amendment provides further protection to individuals, prohibiting the state from depriving “any person of life, liberty, or property, without due process of law”.
What a big joke that all is. Refer back to my first paragraph. No legal aid or representation to be found IE lawyers, courts, judges, agencies, boards, authorities heads, etc. Not in this state. Broken arms by cops okay. Quad put in jail refused health care then found dead… also just okay. Being jailed for inability to pay med bills… and denied health care…. also okay. Debtors prison called ‘violation of court order to pay.’ Send out the thugs to abuse and mistreat. Raise a little hell and the ‘blue networks filled by nepotism’ all join in the fun.
Just 25 grand? BS.
“Therapeutic containment” that’s new. But why I would not and refused to argue with the VA idiots on their turf. Dealing with a VA cop that put orange cones around my vehicle in the disabled parking lot and seeing others rushed then put in the nut ward for next to nothing, and more, taught me some things. Or knowing some locally that argued over the phone with VA staff, no threats, but next appointment they were swiftly surrounded, cuffed, restrained, wheel chair, scooter, or not and taken up to the nut ward for days. Some without notification of family members when the vet came up unaccounted for, for days. Plus when questioning cops or trying to stop their pain applications, called “assault” then hauled up, losing employment, while forced into “emergency detention’ cause some cop said it’s needed. Right.
Guess after that nice containment… that would ruin me, next would be full body restraints in the ward while on the belly and pumped full of dope for days until they have all their fun or attempts to show their powers.
Great mention. Bad paper for PTSD, discharged over medical issues. Rampant, must be, yet fear prevails.
No, we no longer live in the Constitutional Republic of the USA. No free speech, everything is illegal and punishable depending on authorities, the corrupt or the well protected. Did you know the Fed cops and civilians can arrest you for recording them or merely…. pointing a finger at them or in their way is interpreted as “assault” or “offensive?” Now illegal here to record events in a cop station, the VA, holding rooms in a hospital, or court house? In a one party town ruled by the corrupt with all the scum joined at the hip, no media, VSOs bowing, etc. Yep, not in America any longer ToTo. Then people laugh when I call the USA or Indiana an open air prison camp. It is. Near full of the brain-washed and uncaring.
End of days, bring it. or Nuke us all war mongers and let God sort it all out. Oh happy day.
We are Veterans who are no longer in the U.S.Military,thus,”the Iniform Code of Military Justice “does Not apply to us. It’s the” U.S.Constitution” &its”Bill of Rights”apply to us Veterans, since we are civilians .
@Peter R Perez,
Tell that to anyone in the VA the next time your being beaten and choked by a VA security guard.
Tell that to anyone in the VA when they threaten to put you on a “disruptive list”!
Tell that to anyone in the VA when they violate your “due process”!
Tell that to anyone in the VA when they violate your hippa.
Get my meaning! They’re criminals. They make up rules which they believe supersedes state AND federal law!
Civilians? Yeah right , that’s why they put us on the RESERVATION just like the Indians. Instead of booze they give us pills to make us nuts , then they call the VA Po-Lice Punks who shave their heads to look like Klapper from the CIA. Those Punks must think we have steel plates in our heads they way they keep slamming us to the wall. 25Gs for getting your head bashed in- what about the seizures that will last the rest of your life?
I’m turning up the tone on this one because I too was victimized by them. As long as they stay away from me we are going to be fine. They make another run at me -its a different story and its not going to be pretty. So there is no way I’m going to another VA Facility (period, period, period) and you “Meathead” if your listening and I know you are, do not try coming to my home dressed up as a bible thumper or any other kind of thumper unless you want a big time take-down thumping which your mommy and daddy forgot to give you as a child. VA Po-Lice, Alcoholic Klapper Headed Punks play this at the next conference you douchebags.
It is stated that the VA has a zero tolerance for violence, disruptive behavior, and poor conduct? Well, Benjamin, maybe the Department of Veterans Affairs should look in the mirror. In many of these situations, it is the VA to whom is contributing to it. Not the veteran. Benjamin, there is really no reason for it. Why does the VA want to continue with such hate towards the veterans? This is a good question. Other than, yes, could be the end days. Pastor John Hagee surely speaks as such. The VA is very sad to me.