Connect with us:   Subscribe to the paper  |   View the mobile edition  |   Get daily e-mail news  |   Get mobile alerts  |   Share your photos  |   Report news  |   Place an ad  |   Contact us


Paralyzed man fights system

John McFarland seeks justice, claiming scuffle with authorities left him unable to move

The Post and Courier
Monday, July 14, 2008


John McFarland broke his neck during a run-in with Charleston County sheriff's deputies and Mount Pleasant police in December 2003. He has sued for his injuries.

Alan Hawes
The Post and Courier

John McFarland broke his neck during a run-in with Charleston County sheriff's deputies and Mount Pleasant police in December 2003. He has sued for his injuries.

Video

John McFarland says he broke his neck while being arrested by police in 2003. Here, he describes the arrest and his detention at the Charleston Country Jail.

John McFarland says he broke his neck while being arrested by police in 2003. Here, he describes the arrest and his detention at the Charleston Country Jail. Watch »

John McFarland winced as his trembling hand strained to reach a pack of smokes and a cool drink from a bedside table. Beneath the thin covers, his slight frame lies prone, his withered legs unable to move.

He plucked a cigarette from the pack and lifted it to his dry lips. A talk show chattered away on a nearby television, flicking tendrils of light about the darkened room.

This is McFarland's world — 24 hours a day, seven days a week. He has been paralyzed from the chest down since he mysteriously collapsed at the Charleston County jail five years ago, one month after a run-in with sheriff's deputies and police in Mount Pleasant.

The Buffalo, N.Y., native used to play hockey, ski, swim. He even toyed with racing cars. Now, McFarland is confined to a bed that consumes his living room as he waits to learn whether someone will be held liable for his injuries.

"My life is basically non-existent now," McFarland said with a hollow chuckle. "All I do is lay here and watch TV all day. That's all I can do."

No one denies that McFarland leads a difficult existence. But questions linger as to what caused his collapse and left him in this state.

McFarland, 43, insists sheriff's deputies and police handcuffed him and rammed his head into a doorjamb after he led them on a pursuit to his grandmother's home following a December 2003 traffic stop. He maintains that his neck was broken in the process, but that his pleas for medical treatment went unheeded until he collapsed and ended up a quadriplegic.

The former corporate auditor has sued the sheriff's office, the town of Mount Pleasant and jail medical providers, alleging that he was the victim of excessive force and negligence.

The defendants deny the allegations and dispute McFarland's claims that he was assaulted by law enforcement officers. Given the month-long lag between the initial encounter and McFarland's collapse, it is difficult to say whether his paralysis stems from that episode, a prior injury or some unknown incident at the jail, said Sandra Senn, an attorney for the sheriff's office.

McFarland also is at war with his attorneys, whom he has tried to fire, accusing them of dragging their feet and being ineffective. They, in turn, have questioned McFarland's competency to direct his case. They cite a pattern of indecision and unwillingness to follow legal advice. He has been diagnosed with bipolar disorder.

Hanging in the balance is a proposed $1.3 million settlement the various lawyers have hammered out. While some attorneys insist the offer is the best McFarland can do, he and his family contend that amount won't come close to meeting his future needs once his lawyers carve out their fees.

McFarland's older sibling, Dan, said his brother has been abused by the system at every turn.

"Everything that could go wrong for him has," Dan McFarland said. "Regardless of the money and everything else, I just want people to know what happened to my brother."

The story began Dec. 5, 2003, when John McFarland set out from his Mount Pleasant home in the sleek black 1992 Mustang he had fixed up in hope of racing it at a track someday.

His father had urged him to get rid of the powerful muscle car. It seemed to attract unwanted attention from police. In fact, in June of that year McFarland got into a confrontation with Isle of Palms police after they pulled him over for alleged traffic violations. McFarland said police roughed him up for no reason, but records show he pleaded guilty to resisting arrest.

On that December morning, a sheriff's deputy stopped him on Interstate 526 for speeding and changing lanes without signaling, authorities said. The deputy cited him for the violations and told McFarland to sign the car's registration to show he was the registered owner. McFarland refused and sped off when the deputy ordered him to step from the car, a police report stated.

McFarland said he was nervous after the incident on Isle of Palms and worried that authorities were trying to seize his prized car. He said he drove to his grandmother's home so someone could witness his dealings with police.

Authorities said McFarland raced to the house on McCants Drive at speeds of more than 100 mph, pulled the license tag off his car and then disappeared inside the home. Officers said McFarland put up a brief struggle, but they were able to place him in handcuffs using only minimal force. Neither agency's reports from the incident mention McFarland striking his head during the scuffle.

McFarland denies that he resisted arrest. He said he was already in cuffs when two officers picked him up, turned him upside down and rammed his head into the doorjamb. His father witnessed the incident and supports his son's account.

"He said, 'I need to go to a hospital.' They said 'You're not going to a hospital. You're going to jail,' " Robert McFarland recalled. "You just don't do somebody like that."

A sheriff's office report said John McFarland complained that his arm was numb and might be out of its socket. He also complained of back pain. Deputies took him to the jail, where a nurse examined McFarland and cleared him for processing, the report stated.

McFarland said authorities ignored repeated requests for medical attention until he was finally taken for an X-ray on Jan. 6, 2003. The next morning, he collapsed before the results were read, permanently paralyzed, his lawsuit states.

Robin Jackson, another attorney for the county, said McFarland was seen at various times by the jail medical staff, but his complaints centered on various ailments unrelated to his alleged neck injury. To this day, nothing directly ties his encounter with police to his paralysis, she and Senn said.

The proposed settlement calls for the county and Mount Pleasant to pay McFarland $300,000 total, while the jail medical provider and its doctor would kick in $929,000. McFarland and his family say about a third of the money will go to his lawyers. What's left over won't meet his future needs, they said. His father, 75, already has ponied up $50,000 to stave off two foreclosures on McFarland's home.

McFarland blames his lawyers — Jay Gouldon, Spencer Roddy and Michael Spears — for being quick to settle and not doing enough on his behalf.

Gouldon said ethics rules prevent him, Roddy and Spears from discussing the case. In court papers, they stated that they had conducted numerous depositions in the case and collected enough paperwork to fill two drawers of a file cabinet. Two opposing lawyers, Senn and Jackson, praised their efforts.

A probate judge will hold a hearing later this month to determine whether McFarland is competent to represent his own interests in the case.

In the meantime, his father and Mount Pleasant lawyer Rhett Klok are serving as his court-appointed guardians. In a May report to the court, the guardians made no recommendation on his competency, saying they were unqualified to distinguish between his "clouded" judgment and "what may be his own righteous anger."

As they try to sort out his son's uncertain future, Robert McFarland sometimes wonders what John has to look forward to. "They might as well have killed him that day," he said. "Maybe that would have been the better thing to do, rather than leaving him like this."

Reach Glenn Smith at gsmith@postandcourier.com or 937-5556.




Article tools




Latest local stories




Sponsored Links


Notice about comments:
Charleston.net is pleased to offer readers the ability to comment on stories. We expect our readers to engage in lively, yet civil discourse. Charleston.net does not edit user submitted statements and we cannot promise that readers will not occasionally find offensive or inaccurate comments posted in the comments area. Responsibility for the statements posted lies with the person submitting the comment, not charleston.net. If you find a comment that is objectionable, please click "suggest removal" and we will review it for possible removal. Please be reminded, however, that in accordance with our Terms of Use and federal law, we are under no obligation to remove any third party comments posted on our website.
Full terms and conditions can be read here.

Comments

This article has  86 comment(s)

Posted by Thomas1776 on July 14, 2008 at 1:02 a.m. (Suggest removal)

Lawsuits against local police are best handled by attorneys outside the area. Like ones who have no connections with them.



Posted by Thomas1776 on July 14, 2008 at 1:03 a.m. (Suggest removal)

If we did not have videos of State Troopers previous being abusive and breaking the law, nobody would give this story any consideration.

So they want to settle the lawsuit with him for over $1,000,000.00 .... that amount is an indication of possible guilt and concern of what a jury might award. He should not have done what he did, I agree, but allegations of slamming his head into a door jam - broken neck - and now his present condition really cast a bright like of doubt on the police department.

Sounds like criminal SC State Trooper tactics to me. How come the Department of Justice is not investigating?



Posted by Thomas1776 on July 14, 2008 at 1:06 a.m. (Suggest removal)

I like to know who the officer are that are accused of slamming his head.

"A nurse examined McFarland and cleared him for processing" ... Nurses are not doctors. I bet the nurses reports have been doctored/purged.



Posted by Pols101 on July 14, 2008 at 1:45 a.m. (Suggest removal)

The police did it!



Posted by vtsusa on July 14, 2008 at 2:26 a.m. (Suggest removal)

I am sure many will disagree (and say so on here LOL), but this guy has a previous history of pleading guilty to resisting arrest and if he had just signed his registration and not run in the first place (at speeds up to 100 mph which put everyone else on the road in danger and how many peoples opinions would change if he had hit and paralyzed someone during this run from the police?)this would not have happended. So I am sorry, but he needs to own up to his own stupidity and responsbility in this situation.

And settling does not necessarily indicate guilt either; the police could simply be trying to avoid more bad press because as you can tell from the previous comments everyone immediately jumped on board and said the police did it without any kind of evidence; look at it in reverse if this guy was really concerned about getting the story out there so everyone knows what happened to him and really wanted the persons responsible to pay and not be able to do this to other people, then why is he going for a settlement?... or is he just in it for the money? Because without a trial we will never know if the police are guilty, another inmate or he himself as it took a month for the paralysis to happen.

well enough of playing devil's advocate here, but think about it.



Posted by proud2bme on July 14, 2008 at 5:51 a.m. (Suggest removal)

vtsusa,
I agree but would also like to add that he needs to get his butt out of that bed and start doing something with his life instead of laying there and blaming others. His family needs to be encouraging this instead of letting him just lay there.
I would suggest speaking to others about the dangers in resisting arrest and running from the police.



Posted by jifdeng3 on July 14, 2008 at 6:04 a.m. (Suggest removal)

DONT RUN FROM THE POLICE!!!! Too damn bad for him. Its about time that law enforcement is given some teeth in this touchy feely country. No wonder crime is through the roof. Nobody is afraid of jail because it practically a vacation to some people and the police have no power to do anything.



Posted by The_Mouth_of_the_South on July 14, 2008 at 6:17 a.m. (Suggest removal)

I have absolutely NO sympathy for a criminal like this. It's his own fault if something happened while he was resisting arrest. Too bad, so sad. . .



Posted by moonpie on July 14, 2008 at 6:31 a.m. (Suggest removal)

Well I have no sympathy for "runners" SOMETHING happened to the man. If he could walk prior to being put into custody and can't now common sense says they or he did something.



Posted by icecat on July 14, 2008 at 6:34 a.m. (Suggest removal)

This case is so blatantly obviuos! The police pulled him over for no good reason...oh that's right he was doing over 100mph. The police asked him to legalize his registration by asking him to sign it....how brutal of them it's no wonder he grabbed the registration (without signing) and sped away ignoring the police officer's commands to stop. And now the police and all of the law obeying citizens should pay this guy because all of this is someone else's fault. He needs to put a mirror on the ceiling so he can see just who put him where he is today. One day if he recovers and I hope he does maybe someone will teach him that if you follow the rules we all live by that there will be no need to blame others for your stupid mistakes.



Posted by 10216340 on July 14, 2008 at 7:02 a.m. (Suggest removal)

What a stupid story.....Am I supposed to care about this criminal. He got himself into this mess so he needs to live with it. He is lucky to get an offer to settle. His complaining family should be grateful instead of crying that it won't cover what he needs.

An X-ray was taken....why didn't the paper mention what that showed?



Posted by grannyofsix on July 14, 2008 at 7:11 a.m. (Suggest removal)

This case is like one i was a juror on. For years, offers were made for the injured party, and for years the family said no. It went to court before the seven years was up by 2 months. The injured got nothing because, they could find no fault so maybe the family should take the offer?



Posted by vr32 on July 14, 2008 at 7:35 a.m. (Suggest removal)

So am I the only one who caught the fact that this man is smoking all by himself yet he was classified as a QUADriplegic? If he can get his cigaretts with out help and smoke them on his own, he can wheel his butt around in a wheel chair. Frankly I don't feel particularly sorry for him. He doesn't have to be confined to his bed.

He should settle. He is lucky to be getting this much!



Posted by RTC on July 14, 2008 at 7:39 a.m. (Suggest removal)

I find it hard to believe that it took a whole month for this man to become paralyzed. If they took an x-ray, then a fracture serious enough to cause permanent paralysis would have shown up. No mention of the results in this article.
Something else happened to this guy, and he needs to get up off his butt, and do something with his life.
He can lie there and try to garnish sympathy all he wants, but there are people out there that are total quads who are leading productive lives.
I'm sorry, but I just don't believe that this guy is the innocent victim that he claims.
There is something really wrong with this whole story.



Posted by MP on July 14, 2008 at 7:39 a.m. (Suggest removal)

Absolutely no sympathy. Another whining criminal who blames everybody but himself. I am surprised he did not try to sue Ford for building the Mustang, and the gas companies for making the gas he used in the Mustang. He didn't look so handicapped in the video lighting and sucking on a cigarette. I've seen people a lot worse off than him out in the marketplace working for a living.



Posted by suec on July 14, 2008 at 7:50 a.m. (Suggest removal)

no sympathy here either.

Another PnC story about a dreg of society that they portray as a blameless "victim".



Posted by rexdp10 on July 14, 2008 at 8:01 a.m. (Suggest removal)

Ya I also missed how a QUADriplegic is able to get his own smokes outta the pack and up to his mouth...Better not be doing that in a public place mind you...but still if he can do that then get outside and start doing something with your life. There are all kind of sporting leagues that are designed especially for wheelchaired participants.



Posted by ChasCarolinaGirl on July 14, 2008 at 8:33 a.m. (Suggest removal)

You guys are heartless! Yeah, he was doing something stupid and he went to pay the price for serving time in jail, but lets say for a moment that the BIG HEADED COPS OF MT. PLEASANT did get off on treating him this way. Does that make it right? No, it doesnt.

I am starting to hate reading this b/c it seems like many of you are heartless, judgemental jerks!!!

Besides picking up a pack of cigarettes compared to getting out on his own is different. That comment sounded stupid. Do you see that he is nothing but skin and bones? He probably cannot afford a therapist or a dietician to help him get his strength back up.

I pray that none of you ever become paralyzed. You have no absolute clue unless you are in it yourself. Before you start pointing fingers, make sure you hands are clean themselves.



Posted by RTC on July 14, 2008 at 8:43 a.m. (Suggest removal)

This guy is lying through his crooked teeth. He had problems with the IOP police, he had problems with the deputy sheriffs, he had problems with Mt. Pleasant police.
Gosh, he sure has a lot of problems with police. So he sped at extremely high rates of speed, because they were going to seize his prized car, and ran to Granny's house(not our granny), where he could let witnesses see how the bad police treat him. These were really impartial witnesses by the way.
If his neck was injured, it most likely occurred while he was fighting the hell out of the cops.



Posted by shoelaces on July 14, 2008 at 8:49 a.m. (Suggest removal)

Don't resist arrest and don't run from the police....simple.

As for his injuries, it's a shame it happened. Maybe his story should be shared nationally so people will think twice about putting up a fight... I doubt it though.

VR35....I had to laugh at the beginning of the story too. I wonder if the reporter secretly believes this guy got what was coming to him. Poor guy has to struggle just to get his nicotene fix!!! Great way to start a news story.



Posted by suec on July 14, 2008 at 8:59 a.m. (Suggest removal)

ChasCarolinaGirl, if the PnC wants to do a sympathy story on the challehges and needs of a quadripaligec, they need to talk to people who did not contribute to their situation by breaking the law and running from the cops.
Wonder what happened to his precious car?



Posted by justus1017 on July 14, 2008 at 9 a.m. (Suggest removal)

wow!!!!! no comment from coldbeer LOL!



Posted by Brutus1 on July 14, 2008 at 9:18 a.m. (Suggest removal)

Cops are just leagle bullies. Most of them, not all of them, are in the job to victimize young kids. They get a chance to use profanity to them and "rough" them up abit. People are tired of the leagle bullies and now they are being sued.



Posted by common_sense on July 14, 2008 at 9:20 a.m. (Suggest removal)

Who needs a dietician? Stop smoking & get some double cheeseburgers at McDonald's. Before you know it, his weight is back.

I'm just glad the crippled perp wasn't black, or Mt. P. would be burning...

I'm just sayin...



Posted by suec on July 14, 2008 at 9:25 a.m. (Suggest removal)

Brutus...
and some people refuse to take ownwership of their own stupid actions. Instead of saying "Yeah, it was stupid. I should have just signed the registration." They want to blame someoene else and treat it as if they won the 1Mil lottery.

Why didn't the PnC ask him "Do you wish now, that you would have just signed the registration?".



Posted by Early on July 14, 2008 at 9:33 a.m. (Suggest removal)

A cervical fracture could collapse months after the injury.
The x-ray would have shown such a fracture. Why no after the fact reading of the x-ray?
Whether you like, dislike, think he is a criminal or not, he does NOT deserve this. I believe he speaks the truth and they are responsible for is injury.



Posted by Name_Withheld on July 14, 2008 at 9:40 a.m. (Suggest removal)

Let's see. According to the posts here, the penalty for resisting arrest should be a lifetime of paralization. Also, the police can paralize anyone who is arrested without responsibility.

The State (through Tort Reform) limits recovery to $300,000, even for deliberate lawbreaking by the police, although lifetime care for a Quad will cost over 3,000,000,000. When the family is totally impoverished, the victim will have medicare to provide minimal reimbursement to his healthcare providers. The taxpayers and medical providers will pick up the costs, instead of the wrongdoers. In the meantime, there is probably no available program to accomodate his disability and assist him in resuming his career as an auditor.

The costs of bringing the lawsuit for the victim to trial could very well exceed the amount of the potential recovery in this complicated medical causation case. The lawyers for the police have an unlimited budget (at taxpayer's expense) to hire unlimited expert witnesses to defend against paying the $300,000 state limit on damages. The lawyers for the police have nothing to lose because the limitaion of damages they have to ultimately pay (after a jury verdict in the victims favor that meets or exceeds the state limit of $300,000) is set and they can just use all their resources to fight the victim's lawyers at every step to prevent the minimum payment by the police.

The cap on damages should be raised to 4 million to assure that victims are not put on the taxpayer's back and have a resonable chance for a decent life given their circumstances.



Posted by preachlove on July 14, 2008 at 9:42 a.m. (Suggest removal)

Common-sense wrote "Im just glad the crippled perp wasn't black, or Mt. P. would be burning..."

Please go crawl back into your little shack and take your tiny little brains with you. Your misguided and ignorant statement just shows everyone that we will never get past race issues in this state. Unfortunately, there will always be people like you that fan the flames of hate and bigotry, who cause other people that do not want to hate to venture into that dispicable world.



Posted by lmh1991 on July 14, 2008 at 9:45 a.m. (Suggest removal)

If he is a quad why is he moving his arms?



Posted by shoelaces on July 14, 2008 at 9:52 a.m. (Suggest removal)

Brutus:

It's legal, not leagle.

This guy was not a kid. He was 38 at the time of his injury. Now he may have been arrogant and immature, but not a kid. I don't mind if cops are a little rough if it discourages others from using poor judgement.

I wonder if the cops slammed his head into the door jamb on purpose or if his own actions resisting arrest led to this??



Posted by ln1959 on July 14, 2008 at 9:52 a.m. (Suggest removal)

common_sense;
That comment about if it was a black person was not necessary.

When the last time Charleston, or North Chuck been burn down because of brutality by LEO on a black person. Yes, Al or Jess may show up, but that doesn't mean a town would be burn down. Black people have learn that they are just burning down there own property.

And it would not have token a month for a black person to complain about brutality.

just saying

moonpie, why so soft on this guy. He has a record of run in with the cops.



Posted by farfallaspeaks on July 14, 2008 at 10:08 a.m. (Suggest removal)

Will someone please tell me how this man became paralyzed if it didn't have something to do with the police incident?

Everything happens for a reason, and if the police deny any involvement, what is their reasoning for his injuries?

It's a sad story, but it would have been a lot sadder if he hit someone with his car and paralyzed them for his wrecklessness, while going 100mph running from the cops.

Let this be a lesson to everyone. Don't run from the cops, and just do what they tell you so that nobody gets hurt.
You may spend a night in jail, but it's better than spending the rest of your life in bed.



Posted by ChasCarolinaGirl on July 14, 2008 at 10:10 a.m. (Suggest removal)

Its possible to be a quad and not be able to move your arms. It depends upon which spinal vertebrae was injured as to what part of his torso is paralyzed.

For those who may care: http://www.spineuniverse.com/displayarti...



Posted by ptmama73 on July 14, 2008 at 10:10 a.m. (Suggest removal)

quadriplegia – noun - paralysis of all four limbs or of the entire body below the neck.

paraplegia - noun - Complete paralysis of the lower half of the body including both legs, usually caused by damage to the spinal cord.

I would bet that somewhere in his past medical file is an injury to the same area (hence why his lawyers are pushing to settle) and that the hit on his head just exacerbated the injury. Either way, he brought this on himself by choosing to run and fight.

I also question what (if any) drugs this man was on to suffer from such paranoid delusions...he is a threat to others due to his mental instability as he has proven when he decided to run to his granny's and put her in danger also.



Posted by Smart_Enough_2_Know_Better on July 14, 2008 at 10:16 a.m. (Suggest removal)

A criminal history that includes resisting arrest and then he runs from the police, endangering lives in the process. Can you really expect respect from those for which you clearly have none?

So did the police use too much force? Perhaps- his family's word against that of the police. I doubt we'll ever now the truth there. But even if they did hit his head into a doorjamb, nothing I read here shows a direct connection between their actions and his condition. He should take the offer and move on. It sounds like the lawyers are telling him the same but he is too self righteous and angry to listen. At some point you need to realize that maybe it’s NOT everyone else and that you could, perhaps, have some fault in the decisions that brought you to where you are today.

The man is paralyzed from the chest down, meaning he can still use his arms and could get around in a wheelchair- if he so desired. I'm guessing he could get a job working with his hands- a keyboard in front of a computer might be a good place to start. Learning a new skill shouldn't be too hard- he has the time. Yet he chooses to lie in a room and watch TV all day.

You make your bed, you lie in it- sometimes 24-7.



Posted by Sick_Tired on July 14, 2008 at 10:17 a.m. (Suggest removal)

This guy did this to himself. Obey the law and go home. Break the law and bad things can happen to you at your own devise. Someone may have beaten the crap out of him at the jail and caused his injury. You can't get blood from a turnip but the government has deep pockets. Sounds like a professional victim to me.



Posted by Brutus1 on July 14, 2008 at 10:17 a.m. (Suggest removal)

I knew I was going to get alot of disguntle responses about this. I was talking about other cases about how forceful Police officers are with people, especially kids. They know they can intimidate them even without knowing the facts about circumstances. This guy was already in Police custody, does he deserve to have his neck broken just because he was a dumb butt?



Posted by summerville_guy on July 14, 2008 at 10:28 a.m. (Suggest removal)

I find it laughable that Name_Withheld claims that a lifetime of care for a quadriplegic will cost 3 billion dollars. THREE BILLION DOLLARS!

So I took this figure and broke it down just for fun. Assuming that this dude lives another 50 years to the ripe old age of 93, according to Name_Withheld, it will cost $164,383 PER DAY for this man to live.

That's one hundred sixty-four thousand, three hundred eighty-three dollars per day, every single day for the next fifty years.

LOL



Posted by lucy_fan on July 14, 2008 at 10:32 a.m. (Suggest removal)

If you are a quadraplegic, doesn't that mean that you can't move anything except for your eyes?

And this man has a history of resisteing arrest. Why would he refuse to sign his registration? And then take off? Something doesn't add up here with that story, so that leads me to believe that maybe his injury was self inflicted due to him putting up a fight with the officers.
That doesn't excuse the fact that his request for medical attention wasn't taken seriously. But it's my opinion that he caused his own injuries.



Posted by Name_Withheld on July 14, 2008 at 10:34 a.m. (Suggest removal)

thanks S'ville guy for correction of the typo



Posted by Siri on July 14, 2008 at 10:34 a.m. (Suggest removal)

Get up, get out and live.

I don't care how this dumbo got paralyzed, it seems he has just given up. That is nobody's fault but his own.

Take a shower, shave and get dressed. Get a motorized chair and a J O B !!



Posted by 10216340 on July 14, 2008 at 10:59 a.m. (Suggest removal)

Name_Withheld wrote: "Let's see. According to the posts here, the penalty for resisting arrest should be a lifetime of paralization. Also, the police can paralize anyone who is arrested without responsibility."

"The cap on damages should be raised to 4 million to assure that victims are not put on the taxpayer's back and have a resonable chance for a decent life given their circumstances."

Name_Withheld - First of all, I don't think it has been established yet that the police caused this injury. I would be more likely to believe that he caused it when he resisted arrest or it happened while in jail. He could have gotten pushed around while locked up with the other criminals.

Also, regardless of raising the cap on damages, he will be on the taxpayers back either way....who do you think is going to pay into the system for the insurance coverage? It all ultimately comes from our pockets.

He is a criminal and brought this on himself. Am I happy that it happened...no, he is still a human being but I'm certainly not losing sleep over it because he caused it.



Posted by RTC on July 14, 2008 at 11:06 a.m. (Suggest removal)

tripsa, I read that story, and I very much agree with your comment that you posted.
ChasCarolinaGirl, it wasn't an injury to the spine, it was a cervical injury according to this man. I have never heard of anyone with a cervical fracture sever enough to cause paralysis having the use of their arms. That's why they are called quadriplegics, because all four limbs are affected.



Posted by Tammie on July 14, 2008 at 11:13 a.m. (Suggest removal)

He isn't a quadriplegic, he has use of his upper extremities. Hell, he can smoke a cigarette! I personally think he needs to find a way to get off his heiney parts, get on the phone with his insurance company, make arrangements to get a Power chair or something, and get back to work (if it's not too strenuous). Unfortunately, but for the fact that he had this run in with the law, he'd be at work now.



Posted by Rebel_Yell on July 14, 2008 at 11:21 a.m. (Suggest removal)

Two wrongs make a right for some ignorant folk who have never questioned authority and would be happy under British rule. If it is shown that the police overstepped their authority, they need to be punished and drilled to the wall on this one. We're missing 99% of the facts as usual so who knows if the police took it too far or not but doctors and local governments rarely offer this type of settlement money without some bad evidence. If the police acted out of line, I for one do not think he got what he deserved.



Posted by Girleygirl on July 14, 2008 at 11:30 a.m. (Suggest removal)

I won't comment about if he got what he deserves. I am happy he was caught and placed in jail due to his actions, but I can't say he got what he deserved.....I do agree with Siri though- it sounds like he has given up on life.

More facts need to be told...especially about the x-ray. Maybe he had a pre existing injury....who knows?



Posted by jeff61 on July 14, 2008 at 11:42 a.m. (Suggest removal)

This man just needs to look at the benefits of marijuana. He needs to smoke everyday for the next 20 years. He will find that it's a miracle herb that cures everything from broken backs to being paralyzed. It will have no side effects and no addiction. It will helped him focus on settling his case, and he will thank that magical herb for finding a zest for getting out of that bed and get him a great job like he had before. Yes, MARIJUANA will save his life. Isn’t that right farfallaspeaks ?



Posted by suec on July 14, 2008 at 11:42 a.m. (Suggest removal)

Why isn't this article titled

"Man flees from police then seeks 1mil from system for alleged abuse"



Posted by ColdBeer on July 14, 2008 at 11:44 a.m. (Suggest removal)

Policeman: "Stop! I am a policeman!"

Citizen: "OK"

(Citizen stops)

End of story. No injuries, no law suits, no newspaper articles.

The stupid shall be punished.



Posted by 512c on July 14, 2008 at 12:18 p.m. (Suggest removal)

If your going to run, make sure you can vanish. other wise, don't



Posted by willbillbedamned on July 14, 2008 at 12:21 p.m. (Suggest removal)

Jeff61, I hope you're my doctor the next time I become ill.



Posted by The_Mouth_of_the_South on July 14, 2008 at 12:21 p.m. (Suggest removal)

If you get hurt during the commission of a felony, it is your own fault and the state should give the police 100% immunity in a case like this. He is paralized because of his own action. His blood is on his own hands!!! We should have NO sympathy for criminals like this.



Posted by kerwin1959 on July 14, 2008 at 12:30 p.m. (Suggest removal)

1) Since he was charged with resisting arrest, wouldn't it be possible that HE intentionally rammed his head/neck on the door(after having watched too many episodes of 'COPS'?) while trying to keep from being handcuffed?

2) He CAN be classified as a quadriplegic with some use of his hand/arm arm(normally one hand/arm will be stronger than the other); he just may not be a total or complete quadriplegic.

We had a friend who was a quadriplegic from a football accident in high school. He had NO use of his arms, yet he graduated from high school, got a college degree and was even accepted to law school. He did this with only the use of a 'straw' type device; his mouth maneuvered his wheelchair and typed on his computer. He NEVER laid around and felt sorry for himself, waiting for a settlement.

The law-breaking man featured in this article is PARTIALLY responsible for his injuries -- maybe that's why he's seeing only a PARTIAL settlement offered. As for his legal fees? He should have negotiated them with the attorney(s) prior to filing suit.

BUT, something in this story just doesn't quite fit --- there are definitely some pieces of the puzzle that are missing.

Unfortunately, regardless of the final amount of his settlement, WE'LL be paying for his care, whether it's from the settlement(local taxes), through SSI(fed taxes) or through Medicaid(state/fed taxes).

Had he read his car registration, he would have known it had to be signed to be valid. His actions toward others are merely the result of his anger toward himself over his stupidity; he could have prevented EVERYTHING had he not had such a big ego.



Posted by jeff61 on July 14, 2008 at 12:37 p.m. (Suggest removal)

Posted by willbillbedamned on July 14, 2008 at 12:21 p.m. (Suggest removal)

Jeff61, I hope you're my doctor the next time I become ill.

This is not my belief but that of farfallaspeaks. It is his belief that it's a miracle herb that cures everything. I posted his qoute from another article.



Posted by bagballa on July 14, 2008 at 12:42 p.m. (Suggest removal)

If something like this happened to a insurgent over in iraq they would receive millions. I know this because I've seen it happen three times. True he should've just stopped, but like we've seen on the state trooper videos sometimes just being in the wrong place at the wrong time can prove very painful. Give the police 100% immunity? Hell no, Soldiers in iraq don't even get 1% immunity, punch a Muslim after he shot at you and killed 3 of your buddies with an IED and your going to jail.



Posted by grannyofsix on July 14, 2008 at 12:59 p.m. (Suggest removal)

All this because of a fast car and no signature on the registration. No amount of money can be worth this can it?



Posted by ms_lady2u on July 14, 2008 at 1:15 p.m. (Suggest removal)

Guilty, Guilty Those "Pigs needs more respect for others!!
& for those of you that think that their actions are justifiable, it can easily happen to you or your loved ones!!



Posted by Thomas1776 on July 14, 2008 at 1:31 p.m. (Suggest removal)

I think the cops are guilty of civil rights violations and need to be indicted. They are criminals, too.

Remember how they beat Rodney King? Remember the SC State Trooper kicking that man in handcuffs who was down on the ground? ... echo echo echo ...

I swear on a stack of Bibles that I know a former charleston city cop who stuck his gun in a young mans mouth who was on the ground in cuffs. It was kept from the public. He is long gone.



Posted by Thomas1776 on July 14, 2008 at 1:35 p.m. (Suggest removal)

Where are the federal investigators?

Dump these attorneys. Get one from outside; even from outside the state would be best. The good old boys are working in this case.



Posted by Thomas1776 on July 14, 2008 at 1:36 p.m. (Suggest removal)

What at the names of the cops who allegedly slammed his head into a door jam?



Posted by ptmama73 on July 14, 2008 at 1:36 p.m. (Suggest removal)

Nope, this cannot easily happen to me or my loved ones! My loved ones and I have the sense to know that when an OFFICER OF THE LAW says stop, you do so. If an officer has reason to cuff you, don't fight. If you are fighting it then you are (more likely than not) guilty of SOMETHING. Fighting back is most likely what injured this scumbag. Justifiable? No. Self contributed? Yes.

As I posted earlier, I would bet that this man had a pre-existing injury.



Posted by jifdeng3 on July 14, 2008 at 1:41 p.m. (Suggest removal)

I want these bleeding heart BOO HOO poor criminal people to work a week as an officer and deal with these boneheads. People have no respect for the law anymore, criminals are not afraid of our justice system either. Did the cops hurt this guy? Who knows. I could care less. One less dope out there committing crime and driving around like an idiot. Maybe if he obeyed the law and cooperated with officers he wouldn't be pooping through a tube right now.



Posted by suec on July 14, 2008 at 1:46 p.m. (Suggest removal)

Cops put up with a lot of abuse. I was at an intersection a coupel of weeks ago and saw a cop who had a motorcyclist pulled over. I was sitting for awhile waiting for traffic. The motorcyclist was cussing the officer up and down. The officer was standing there very calmly writing the ticket out. The biker was at least 3x the size of the cop. If I was the cop, I would have felt threatened. I did see another police car pull up as I was leaving. I hope they did arrest him.



Posted by Siri on July 14, 2008 at 1:46 p.m. (Suggest removal)

ms_lady2u Your screen name says you want respect. Your post calls for respect for others and at the same time, in the same sentence, uses a term for law enforcement that is as disrespectful to them, as the "N" words is to blacks. Do you want blanket respect without giving any?



Posted by umakebrains on July 14, 2008 at 2:22 p.m. (Suggest removal)

Dude needs to get up from that bed with that cigarette before he acquires some other injuries, like burns to 99% of his body, He is lying there with a cigarette smoldering in his hands, how smart is that? whoever is taking care of him needs to be charged with neglect, he looks awful in that unkempt bed with his hair locking and no shirt. Get his butt up and roll him in the shower before he goes up in smoke. jackazz



Posted by CaptPete on July 14, 2008 at 2:49 p.m. (Suggest removal)

Take the offer. You won't get much more out of an agency.



Posted by ColdBeer on July 14, 2008 at 3:37 p.m. (Suggest removal)

John McFarland is not worth the stained sheets he's pissing on.



Posted by stephaniem on July 14, 2008 at 3:55 p.m. (Suggest removal)

Thomas1776, I know there are bad cops out there...I ran into them during periods of life when I was raped and stalked.

Oddly enough, each time I get pulled over -- I get the nice cop except for the motorcycle shaven head cop near ashley phosplate. He likes to yell on the top of his lungs while talking to you and is too rough on car doors...scares me

This guy should't have run from the police. I faced the worse sentence possible and I still gave them respect. I don't feel sorry for Rodney King too much as I would never run from the cops unless someone hijacked my car and held me hostage and then I still don't know what I would do.

I think this guy is paralyzed from his own actions. I was in jail with females who slammed their arms against jail toilets several times and then begged the doc for strong pain pills and he told them no.



Posted by UrGatorbait on July 14, 2008 at 4:17 p.m. (Suggest removal)

Whoa is me, poor guy. The consequences of your actions man. Like others have noted he can smoke but prefers to lay in squalor playing the victim card. Also something, like another poster noted, doesn't seem right about the story.

That being said and unlike our uber patriot Thomas1776 claims, not all cops are bad. Hey if they did this, just give the death penalty or if he's lying, make it a capital crime like the Mouth advocates.



Posted by jeff61 on July 14, 2008 at 4:34 p.m. (Suggest removal)

Posted by Thomas1776 on July 14, 2008 at 1:31 p.m. (Suggest removal)

Remember how they beat Rodney King?

Rodney King deserved everyone of those wacks and sometimes I think you could use a couple too.



Posted by JC on July 14, 2008 at 4:38 p.m. (Suggest removal)

No sympathy from me. If he wasn't breaking the law to begin with, guess none of it would have happened OR would it? Who knows what happened. If I was on the jury, I wouldn't give him one red cent!!!



Posted by Lovely_One on July 14, 2008 at 5 p.m. (Suggest removal)

I won't say he deserved this, but I will say that this was avoidable on his part if, in fact, the police did cause his injury. Also, the cigarette thing did get to me. He is laying in bed, "helpless", and he chooses to smoke? WTF! I have heard of many people that are paralyzed or have limited use of their limbs or have missing limbs all together and they still manage to do more with their lives than lay around on what looks like nasty smelly bed sheets and smoke and watch television all day. His family needs to help him get a therapist, wash him up, and help him find an office job. I am sure there are people out there that would help them out.



Posted by Girleygirl on July 14, 2008 at 5:21 p.m. (Suggest removal)

I wonder where he was employed at before this happened?



Posted by Thomas1776 on July 14, 2008 at 5:54 p.m. (Suggest removal)

Awwwwwww ... poor jeff61.



Posted by Thomas1776 on July 14, 2008 at 5:55 p.m. (Suggest removal)

Posted by jeff61 on July 14, 2008 at 11:42 a.m. (Suggest removal)

"This man just needs to look at the benefits of marijuana. He needs to smoke everyday for the next 20 years. He will find that it's a miracle herb that cures everything from broken backs to being paralyzed. It will have no side effects and no addiction. It will helped him focus on settling his case, and he will thank that magical herb for finding a zest for getting out of that bed and get him a great job like he had before. Yes, MARIJUANA will save his life. Isn’t that right farfallaspeaks ?"



Posted by Thomas1776 on July 14, 2008 at 5:59 p.m. (Suggest removal)

Bring in the federal investigators. They are late already!

Meanwhile, get rid of those ChuckTown lawyers. They are useless when you sue Charleston police departments.



Posted by Thomas1776 on July 14, 2008 at 6:03 p.m. (Suggest removal)

Hanging in the balance is a proposed $1.3 million settlement ... But a jury would likely award a combined total of somewhere around $200,000,000.00 million in a case before the United States District Court. Why this dude could get more of a settlement with Attorney Bill Green or Akin!!!!



Posted by lillycollette on July 14, 2008 at 6:29 p.m. (Suggest removal)

*



Posted by jeff61 on July 14, 2008 at 7:06 p.m. (Suggest removal)

Posted by Thomas1776 on July 14, 2008 at 5:55 p.m. (Suggest removal)

Posted by jeff61 on July 14, 2008 at 11:42 a.m. (Suggest removal)

"This man just needs to look at the benefits of marijuana.

Right thomas that is farfallaspeaks post from another article. The one on methodone. Maybe you should go read it and comment to him. I would have thought you of all people would have noticed that as much as you troll this site.



Posted by Thomas1776 on July 14, 2008 at 7:36 p.m. (Suggest removal)

Awwwwwwwww.... poor jeff61.



Posted by Thomas1776 on July 14, 2008 at 7:37 p.m. (Suggest removal)

A jury in Los Angeles awarded a University of Miami urology surgeon and professor $33 MILLION Wednesday after finding the Los Angeles Police Department and Budget Rent-a-Car Co. liable for hand, wrist and shoulder injuries the doctor suffered during a 2001 traffic stop



Posted by jeff61 on July 14, 2008 at 7:38 p.m. (Suggest removal)

This guy is faking it. I agree CB. I appears this Paralyzed man fight with system has him where he is today.



Posted by Thomas1776 on July 14, 2008 at 7:49 p.m. (Suggest removal)

**Police Brutality- Michigan Cop Caught on Tape
Michigan police man slams handcuffed boy's head into the wall and knocks out three of the teenager's teeth. He also drags him across the floor. The officer is suspended without pay.

**Jury awards massive judgement against Taser International, shares slump. Taser International fights hard against claims that its stun guns kill. Wired's Noah Shachtman puts it bluntly: "They never, ever lose in court."
That just changed, with a precedent-setting verdict from a federal jury that awarded $6m in damages against TI, even though the victim was held to be 85 percent responsible for his own injuries.

An autopsy found that Heston died from a combination of methamphetamine intoxication, an enlarged heart due to long-term drug abuse, and Taser shocks.



Posted by Thomas1776 on July 14, 2008 at 7:53 p.m. (Suggest removal)

Poor jeff61 ... The Post and Courier is an excellent source of news with excellent reporters. Why do you hate them so much?



Posted by k5 on July 14, 2008 at 10:53 p.m. (Suggest removal)

"jifdeng3"
I want these bleeding heart BOO HOO poor criminal people to work a week as an officer and deal with these boneheads. People have no respect for the law anymore, criminals are not afraid of our justice system either.

Personally - I am SICK AND TIRED of all of the comments about the officers abusing the INNOCENT people that are running from the law!! My husband is an officer who has been put in the position many times of having to defend himself because of the stupidity of a "victim" criminal that has chosen to run at speeds of over 100 mph or start fighting because they have no license, crack, cocaine, several illegal guns - but yet as you kind people have put it - they have more rights than the officers have because all of you judge ALL with one cover! Not everyone should be judged by the actions of one or even several - there are a lot of officers our there that patrol our roads everyday that are honest and hard working that DO NOT DESERVE your SLANDER and WRONGFUL JUDGEMENT! I've ridden in that car and have been so worried on a couple of calls that I have already had the license plate number in my phone to send to a backup officer that I knew was nearby in the case of an emergency praying that it wouldn't be needed, but also praying that this jerk wasn't going to start something stupid either with him for my husband to have to defend either because of jerks like you judging the case that you know nothing of as you're sitting in your comfortable Lazy Boy chair each night with nothing to worry about!! Sleep easy tonight - because I don't anymore!!



Posted by walleyedwoman1215 on July 15, 2008 at 12:26 p.m. (Suggest removal)

"John McFarland is not worth the stained sheets he's pissing on."
CB, I think your heart is bigger than that.




(Requires free registration.)

Username:
Password: (Forgotten your password?)

Comment:

Search Charleston.Net Archives for Latest News


Charleston.Net Customer Care | Subscribe to Paper, Register for email news updates, manage your online account, place a classified ad, or contact us




Charleston.net logo

Copyright © 1997 - 2008 the Evening Post Publishing Co.

Use of this site signifies your agreement to the Terms of service, Privacy policy and our Parental consent form. (Updated 2/9/2007)