A Vermont mother’s attempt to discipline her 14-year-old son for stealing electronic cigarettes has led to a lawsuit against the Burlington Police for alleged excessive force and discrimination. The incident, which took place in May 2021, has raised critical questions about how law enforcement handles situations involving individuals with disabilities and mental health issues.
Excessive Force Allegations
Cathy Austrian, the mother of the teenager, alleges that the police used excessive force against her son, who is Black and suffers from behavioral and intellectual disabilities. After her son refused to hand over the last of the stolen e-cigarettes, two officers physically forced him to do so. The teenager was then handcuffed and pinned to the ground as he screamed and struggled. This account of the incident comes from a civil lawsuit filed by Austrian, supported by police body-camera footage shared with The Associated Press by the American Civil Liberties Union of Vermont (ACLU).
“The police chose to respond to my son with unprovoked violence and use of force, when they could and should have followed their own procedures and used safe, supportive methods,” Austrian stated in a statement provided by the ACLU of Vermont. This incident, she argues, highlights the need for adequate police training in dealing with individuals with disabilities and mental health challenges.
Injection of Ketamine
The lawsuit and video footage reveal that the teenager was eventually sedated with ketamine and taken to a hospital. The use of ketamine in such situations has been a topic of controversy. In Colorado, two paramedics were convicted last year for injecting Elijah McClain, a 23-year-old Black man, with an overdose of the drug after police put him in a neck hold, resulting in his death.
The lawsuit seeks not only punitive damages against the city and monetary damages for the teenager but also demands that the city accommodate people with disabilities in policing interactions. This includes implementing officer training and modifying policies on ketamine use.
Racial Disparities and Police Response
The complaint accuses the officers of treating the teenager differently because they perceived him as disproportionately aggressive due to his race. It further alleges that injecting the 14-year-old with ketamine was “race-based disparate treatment” that would not have occurred if he had been white.
According to a report by National Association for the Advancement of Colored People (NAACP), African Americans are more likely to be arrested, convicted, and receive lengthy sentences than their white counterparts, highlighting systemic racial disparities in the U.S. criminal justice system.
Despite these allegations, a city spokesperson stated that the Burlington police officers and fire department EMTs acted according to city policy and state law and regulations. The city aims to “vigorously and successfully defend against the allegations”.
The incident underlines the need for a renewed conversation about law enforcement’s handling of situations involving individuals with disabilities and mental health challenges. It also stresses the urgency of addressing racial disparities in policing, as communities continue to grapple with these deeply rooted issues.
