DOD police assault Veteran over service dog

[kcphoenix]

This just pisses me off!!! I'll reserve my disgust for the DOD police involved until we learn the police's take on this 'situation', what they saw that warranted such action.

https://www.facebook.com/topic.php?u...0548&topic=299

From: XXX
To: Luis Montalvan
Subject: Documentation of DOD Police assault
Date: Thu, 11 Aug 2011 10:49:33 -0400


LOCAL TITLE: NURS: PRIMARY CARE OPT NOTE
STANDARD TITLE: PRIMARY CARE NURSING OUTPATIENT NOTE
DATE OF NOTE: AUG 11, 2011@09:50
ENTRY DATE: AUG 11, 2011@09:51:33
AUTHOR: BELMONT, MARY EXP COSIGNER:
URGENCY: STATUS: COMPLETED

The following is a statement of an incident occurring on August 10, 2011 at
approximately 1500 hours:

Veteran requested assistance following an assault by DOD Police Officers while waiting for medicine prescription refill in facility ground floor, Area B. According to Veteran and two employee witnesses, this Veteran was told by a DOD VA Police Officer to "leave the hospital" because his service dog, Tuesday, "did not have VA identification." This dog was, in fact, the first dog given the designation of "Service Dog" for a sighted Veteran through a special act of Congress.

The Veteran explained that the dog was clearly wearing the proper identication halter showing "Service Dog" and that none other was necessary. He asked the police officers to wait until he received his medicine before proceeding any further.

The officer returned with six other officers and Luis was again told to leave. The supervising officer was overheard to say "You know what you have to do" directing the police to forceably place Luis under arrest.

The Veteran was pushed to the ground, an officer knelt on the Veteran's back with one knee while handcuffs were applied. When told to stand, the Veteran responded "I cannot. I am disabled." The Veteran who uses a cane to walk was forceably pulled upright from the ground, taken to the first floor and placed in the Police holding cell. The service dog, Tuesday, was not allowed entry into the holding cell but was, instead, secured on a short leash outside of the locked room.

I was asked by Dr. Curt Dill, Chief, Emergency Services, to go to the Police holding cell to vouch for the Veteran, having been his OEF/OIF Case Manager from October 2009 through July 2011. I explained the importance of not separating the Veteran from the service dog to the police officer and was eventually allowed to enter the cell with the dog and Dr. Dill; we were then joined by Dr. Marion Eakin, psychiatrist. Dr. Eakin went to the Pharmacy to obtain the Veteran's medicines and rejoined us.

The Veteran had several new injuries to his skin including swollen, red wrists where the handcuffs had been applied, two open wounds on the right leg where the Veteran has a surgical scar and a scrap on his upper arm. Additionally, he was experiencing severe pain in his back, arms and legs.

The Veteran was released with an official citation for "disorderly conduct" and was accompanied by me to my office where he refreshed himself and his service dog before leaving at 1630 hours. Two employee witnesses came forward to validate that the Veteran was "handled roughly even though he was not resisting arrest."

/es/ MARY BELMONT, RN
REGISTERED NURSE
Signed: 08/11/2011 10:46

***my apologies if this is posted in the wrong forum, please feel free to delete or move as appropriate

[rdret1]

My first questions would be; if this is authentic, how has it been published publicly so soon? It would seem that this would be an affidavit in an internal investigation by the hospital, the VA and the department the officer(s) are in. It would also seem that it may be in violation of HIPPA. Since the veteran's name was not mentioned, I may be wrong about that. With it being only on FB, I would be suspicious of it. I found several links on other discussion boards, but they all reference the Facebook story. I could not find a corroborating source.

[Sigaba]

Originally Posted by rdret1

My first questions would be; if this is authentic, how has it been published publicly so soon? It would seem that this would be an affidavit in an internal investigation by the hospital, the VA and the department the officer(s) are in. It would also seem that it may be in violation of HIPPA. Since the veteran's name was not mentioned, I may be wrong about that. With it being only on FB, I would be suspicious of it. I found several links on other discussion boards, but they all reference the Facebook story. I could not find a corroborating source.

QP rdret1--

Based upon the dog's name, I believe the veteran in question is, in fact, Luis Montalvan.

A google search on Mr. Montalyan provides information that he is no stranger to litigation and to controversy.

[Ret10Echo]

Originally Posted by Sigaba

A google search on Mr. Mont*** provides information that he is no stranger to litigation and to controversy.

Interesting:

From 2009:

Combat disabled Iraq war veteran claims two men he believes McDonald’s employees beat him as he prepared to file a complaint against the Sunset Park franchise.

Apparently there is some confusion as to whether it was "beaten" or "glared at"...


link

He has his own website as well.... (Google the name)

and Huff post loved him but AP did some digging here

Something about an "unraveling war story"...

[kcphoenix]

You are correct in the identity of the veteran. I do not know his history, just feel IF it is as was suggested in this case managers statement, it is unacceptable behavior. At the same time, I also know all sides of the event need to be examined before damning the officers for their actions.

I'm especially angered as it suggests the service dog was the 'root' of the problem. A service member I've worked with for years has a service dog and I've seen many of doctors and the ER at NNMC try to deny access to the dog, which I always ignored and took in for him anyway. There needs to be some sort of instruction from the top down that these dog are not to be seperated from their handlers. I don't care if you have an EKG hooked up to the man and the service dog is a seizure alert dog, the man still needs the dog to be with him. Ugh! Sorry for the rant, just remembered a particular encounter with a similar situation that got me stirred up.

[Defend]

AND he's a HuffPost blogger. His background seems sketchy to say the least. I can't personally vouch for the newser source on their other claims, but being a Huffington Post blogger is easy to verify.

AP Scribe Debunks HuffPo Blogger's War Tale
Media darling with lovable dog has sketchy lawsuit and criminal past

http://www.newser.com/story/80051/ap...-war-tale.html

(Newser) – Huffington Post blogger Luis Carlos Montalván started out as an anti-war liberal's dream: a decorated Iraq vet with a compelling war story, vocally opposed to the war and accompanied by a lovable golden retriever to stave off PTSD-related anxiety. But an AP reporter who's been digging into the self-promoting vet's war story says it doesn't hold water, and Gawker has turned up both a suspect lawsuit by Montalván and his criminal record.

Montalván says his PTSD stems from a 2003 incident in which Iraqi gang members tried to assassinate him for his attempts to crack down on crime; the AP reporter found evidence that he actually just scuffled with a drunk truck driver—and wasn't as badly injured as he claims. Then there's the $40 million suit he filed against McDonald's because employees "glared" at him and his service dog while he ate. And in 1999 he was charged with stalking and violating a restraining order.

---

-out

[kcphoenix]

Originally Posted by Ret10Echo

Interesting:

From 2009:



Apparently there is some confusion as to whether it was "beaten" or "glared at"...


link

He has his own website as well.... (Google the name)

and Huff post loved him but AP did some digging here

Something about an "unraveling war story"...

and THIS would be my other 'pet peeve' [though that's probably not the correct terminology]

False claims of incidents to defraud the government and the people and false claims of PTSD causing harm to those who truly do live with PTSD. I noticed in one of the articles a soldier who served with him flat out declared him to be a fraud. No mistaking his views. I was a key witness on a court martial for a service member doing these exact things a couple years ago. He's still in the brig where he belongs. Dumbass

apparently I need to go have a drink or something as I'm ranting again...I don't like stupidity! lol

[Ret10Echo]

Originally Posted by kcphoenix

and THIS would be my other 'pet peeve'

False claims of incidents to defraud the government and the people and false claims of PTSD

This is what posers do...they steal from those who are the real deal. They cheapen the sacrifices of others and they stain all veterans through their lies and deceit...

This is a good thing to rant about

[Paragrouper]

Originally Posted by kcphoenix

You are correct in the identity of the veteran. I do not know his history, just feel IF it is as was suggested in this case managers statement, it is unacceptable behavior. At the same time, I also know all sides of the event need to be examined before damning the officers for their actions.

I'm especially angered as it suggests the service dog was the 'root' of the problem. A service member I've worked with for years has a service dog and I've seen many of doctors and the ER at NNMC try to deny access to the dog, which I always ignored and took in for him anyway. There needs to be some sort of instruction from the top down that these dog are not to be seperated from their handlers. I don't care if you have an EKG hooked up to the man and the service dog is a seizure alert dog, the man still needs the dog to be with him. Ugh! Sorry for the rant, just remembered a particular encounter with a similar situation that got me stirred up.

My wife has a service dog and she has a card with the relevant State and Federal laws undere the Americans with Disabilities Act. There is also a business brief here from the DOJ. When my wife went to training she received a fair amount of instruction on how to deal with people unaware of the law. I get the feeling there is more to this story than is posted on a face book page--what's posted there is obviously half a story.