Alex Wubbels' Arresting Officer Jeff Payne Claims He Did Nothing Wrong - Plans to Sue
Former Detective Jeff Payne lost his job over his "confrontation" with Utah Nurse Alex Wubbels over a year ago as she was trying to protect the rights of her unconscious patient. Now he is saying he did nothing wrong and plans to sue the city that fired him.
Former Detective Jeff Payne lost his job over his "confrontation" with Nurse Alex Wubbels over a year ago. Now he is saying he did nothing wrong.
"She was doing her job," he said. "I was doing my job. And unfortunately, it conflicted. And I am the one who bears most of the burden for it."
He insists he was only following orders that day - his boss, Lt. James Tracy, had ordered that he arrest Wubbels if she didn't let him draw the patient's blood.
I couldn't believe this incident went worldwide
He plans to seek $1.5 million associated with lost wages and benefits, emotional distress and defamation of character.
What are your thoughts? Should he be awarded $1.5 million for simply "doing his job"?
For more on this story, go to Former Detective Jeff Payne isn't sorry for arresting Alex Wubbels and he plans to sue for $1.5 million - The Salt Lake TribuneLast edit by tnbutterfly on Nov 7
About tnbutterfly, BSN, RN Admin
Joined: Jun '06; Posts: 25,385; Likes: 18,563
allnurses Content/Community Director; from US
Specialty: Peds, Med-Surg, Disaster Nsg, Parish NsgNov 6Occupation: RN and blogger extraordinaire Specialty: 20 year(s) of experience in LTC, assisted living, med-surg, psych ; From: OR, US ; Joined: Sep '02; Posts: 26,991; Likes: 44,860I think Payne is FOS. Alex was doing HER job in protecting her patient. I hope he loses the suit and has to pay for *her* court and attorney's costs.Nov 6Occupation: allnurses Asst Community Manager, APRN Specialty: 25 year(s) of experience in Nephrology, Cardiology, ER, ICU ; From: US ; Joined: Apr '00; Posts: 53,594; Likes: 26,707The only word that is within the terms of service is:
JERK!Nov 6Joined: Oct '15; Posts: 1; Likes: 22if he was only following orders and doing as he was told, how come his superior that gave him those orders hasn't faced any repercussions?Nov 6Joined: Apr '03; Posts: 13,164; Likes: 37,216Quote from tnbutterflyTo be fair (and accurate), he wouldn't be awarded $1.5 million for "doing his job," he would be awarded $1.5 million for being fired and "defamed."What are your thoughts? Should he be awarded $1.5 million for simply "doing his job"?Nov 6Occupation: allnurses Content/Community Director Specialty: Peds, Med-Surg, Disaster Nsg, Parish Nsg ; From: US ; Joined: Jun '06; Posts: 25,385; Likes: 18,563Quote from kloneTrue...but he lost his job because he was doing his job. All the rest of it followed as a result of that.To be fair (and accurate), he wouldn't be awarded $1.5 million for "doing his job," he would be awarded $1.5 million for being fired and "defamed."Nov 6Joined: Feb '12; Posts: 458; Likes: 2,173Oh no, I seem to have misplaced my world's tiniest violin.Nov 6Occupation: allnurses Content/Community Director Specialty: Peds, Med-Surg, Disaster Nsg, Parish Nsg ; From: US ; Joined: Jun '06; Posts: 25,385; Likes: 18,563Quote from nursemm05The boss was demoted. If they fired one, maybe they should've fired them bothif he was only following orders and doing as he was told, how come his superior that gave him those orders hasn't faced any repercussions?Nov 6Joined: Jun '12; Posts: 468; Likes: 709Quote from tnbutterflyIt does seem like they should have both been fired but maybe he had a history of misconduct and his superior didn't. What a piece of work.The boss was demoted. If they fired one, maybe they should've fired them bothNov 6Occupation: Utilization Review, prior Intake Mgr Home Care Specialty: 40 year(s) of experience in Home Care, Vents, Telemetry, Home infusion ; From: PA, US ; Joined: Oct '00; Posts: 27,592; Likes: 13,832From the article:
"Asked about whether he felt the arrest was too forceful, Payne said he was just following his training: Use force one step higher than the person you are arresting. He believed Wubbels was "resisting arrest" as she backed away, so he had to grab her.
....Shearer said Payne also should have informed his supervisor of one critical development: that he had called Logan police, who had been investigating the crash, and officers told him not to worry if he couldn't get the blood. That might have changed Tracy's decision to order an arrest, Shearer said.
Chief fired him for violating department policies....and not following Logan Police statement to not worry about blood draw. Don't see how he can win lawsuit.
Hope that police were re-educated on police request for blood alcohol draws.Last edit by NRSKarenRN on Nov 6Nov 6Joined: Nov '18; Posts: 1; Likes: 5This is so bizarre. He absolutely was in the wrong. She was doing her job in the way nurses are trained. There was no doctor order and no signed consent from the suspect. 'Implied consent' really.Nov 6Joined: Apr '06; Posts: 890; Likes: 1,990I'm confused. Who is he planning to sue? Everyone?
That's the usual practice.
Frankly, the suit will fail for multiple reasons:
1) There is no "implied consent" for collecting evidence by drawing blood in Utah from an unconscious person to prove criminal intent by intoxication (the primary reason he lists as setting the other events in motion). I've read it multiple times. Judges order specific to the person, date, time (generally obtained by prosecutors). Or actual consent. That's all folks.
2) He's all worked up about only doing what he was told & using force because that nurse resisted arrest. Please, dude, stop, you are looking dumb as a box of rocks. His "boss" (CO) was demoted and he was outright fired. So he has been on the job 30 years and somehow clearly doesnt understand arrest responsibility and procedures by this point. But, it's NOT HIS FAULT, DONT BLAME HIM, HE IS NOT RESPONSIBLE FOR THE SITUATION HE CREATED -- BLAME EVERYONE ELSE, this is a BAD MOVE, prolly just been that way all his career, perhaps he will reflect, nah, forget it - he will have plently of time to figure out why this sounds like a lot like a whining little kid once he has a Summary Judgement against him.
3) He claims defamation due to the video going public to the extent it did and the resulting traction ruining him. Oh, boy! Let's see officer angry, you were in a public place taking an emergency room nurse into custody complete with handcuffs and perp walking her to a cruiser.
Well, that happens every day. I'm surprised anyone even noticed. Are you kidding me????
And you didn't think anyone would care? That no one would video you. Come on? That there wouldn't be security footage?
I wonder if he thought the sun would come up and everyone go out for forgiveness pancakes and all would be forgotten - sure, no one will remember - happens every. single. shift. nurses. being. arrested. no. big. deal.
I just cannot.
Who does this dude think he is?
Hell, this dude is dumb. Special stupid. I've been practicing like everything that I do once I leave my house is subject to end up on the National News since I've been in Emergency Services for the last approximately 28 years. Someone is ALWAYS watching - something about bright lights, sirens, helicopters, commotion, blood, guts, gore and rubbernecking and general nosiness. And since camcorders, butt phones, iPhones and security cams - I presume I'm recorded ALL THE TIME for the past 15 years - and somehow, someway this super cop/medic MISSED this memo. Since its been my experience that most folks play like they practice, I'd bet this guy has other bad acts that might not have ended up on film - this prolly wasn't his first goat rodeo. He likes goats. Might love them, a lot.
There are hungry, desperate stupid lawyers in every state. Let's see what he does with it. It might be a sham to chum up the water to see if he can force embarrassment or something in advance of having to sue. Maybe get into confidential talks to settle with employer or hospital. I don't see that happening, but there could be other matters. I hope they let him go prostrate on the courthouse steps.
I think this guy needs mental health counseling to move forward.
Accountability is the price you pay for authority. He had authority. He doesn't understand accountability.
For a lawsuit to succeed one has to collect money, that's the currency of civil litigation. Someone has to be WRONG and it can't be YOU.
To review, the hospital is not liable. The nurse is not liable. And the city/PD is not liable (they fired him for P/P violations).
File under delusional.
Nov 6Joined: Oct '17; Posts: 60; Likes: 240This guy lives in some sort of delusional world where he believes that cops just have unbridled power over everyone and everything, and the law doesn't apply to him.
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