Disarmed Katrina survivor recovering from surgery files federal lawsuit

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jsalcedo

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NEW ORLEANS, Dec. 14 /U.S. Newswire/ -- A New Orleans woman is recovering from surgery this week from injuries resulting from when she was roughed-up by authorities who forced her to leave her home a week after Hurricane Katrina. Patricia Konie, 58, has filed a Federal lawsuit over the injuries and other violations of civil rights.

"My client was severely injured in a needless removal from her home," stated attorney Ashton O'Dwyer. "Patricia Konie had food, plenty of water, and a roof over her head. The police who illegally entered her home and imposed their will on a frail, middle-aged female should have been out apprehending armed, male looters instead."

Konie was greeting a reporter and photographer from a San Francisco TV station and a journalist from the London Times when police unexpectedly entered her home. When she refused to leave as ordered, they confiscated a firearm used for defense and according to Konie, "slammed" her to the ground, both displacing and fracturing her left shoulder.

After remaining in custody for several hours without charges being filed against her by authorities, she was flown alone to South Carolina where she remained for more than a month before returning to her native New Orleans.

A Federal lawsuit was filed claiming that authorities assaulted and knocked her to the ground when she refused to leave her New Orleans home on September 7th, 2005. Konie also alleges numerous civil rights violations including assault and battery by police in her suit against several Louisiana and California State Police officers who took her into custody. She also alleges authorities violated her Second Amendment right to keep and bear arms.

"Hurricane Katrina was horrible, but there is no excuse for what happened to this nice lady", said O'Dwyer. "Police caused her months of pain and suffering and she still faces months of physical therapy. This suit will hold the individuals responsible for their misdeeds."

Konie had her surgery early on Monday morning, December 12. She is still recovering in the hospital, and lives alone on a limited budget of Social Security benefits. She is devastated by what happened and has not had her seized property returned.

"Sadly, Patricia Konie is only one of many examples of police going too far in the wake of Hurricane Katrina," said O'Dwyer. "Already one court has ruled against their strong-arm tactics, and we look forward to our day in court."


http://releases.usnewswire.com/GetRelease.asp?id=58112
 
More power to her.


I hope she wins big. I want to give pause to the next "authority" that declares "only police will be armed".

No civilians in New Orleans will be allowed to carry pistols, shotguns or other firearms, said P. Edwin Compass III, the superintendent of police. "Only law enforcement are allowed to have weapons," he said.
 
I would love to see the complete list of violations/transgressions the police officers are accused of perpetrating. Seems to me like she has their family jewels in her hand and is just waiting for that debilitating squeeze.

Being held with charged, entering the home and confiscating items without a warrant, physically relocating her against her will (across a state line, no less).

I'm usually not supportive of lawsuits for exorbitant amounts of money. But when the .gov is the defendant and is being sued for legit reasons, I don't mind my tax dollars going to work like that.
 
Everyone should give this woman a round of applause for standing up for her rights, and while she had to be subjected to it and wasn't able to stop it is going to be making them pay for it. And pay dearly I hope they do, I would love to be on the jury for this one.
 
"My client was severely injured in a needless removal from her home," stated attorney Ashton O'Dwyer. "Patricia Konie had food, plenty of water, and a roof over her head. The police who illegally entered her home and imposed their will on a frail, middle-aged female should have been out apprehending armed, male looters instead."
That's the Ashton O'Dwyer that was on the news, shirtless, yelling for the government folks to get out of his neighborhood, and leave him be. He also said "Let them be warned, if they try to take my guns, there will be gun fire." I'll post the clip, if I can find it.
 
A lawyer..

one can respect. Both for his statements while in his front yard and his stepping forward to sue for this woman to be compensated for the violations against her.

Is this the woman from the infamous video clip, holding a revolver, and telling the police "I don't want you in here period."?

migoi
 
Migoi, I think so, yes. I'm finding video clips right now so I can confirm.
UPDATE:
Yes, it is her.
Video can be seen here.
Still searching for the clip of Mr. O'Dywer.
 
Can't find the clip, but I found the transcript.
From http://transcripts.cnn.com/TRANSCRIPTS/0509/09/lt.03.html
(BEGIN VIDEOTAPE)

ASHTON O'DWYER, NEW ORLEANS HOLDOUT: Have you has your neighborhood ever been invaded by state troopers from another state? Sent here by God knows whom?

SIMON: Many of the people continuing to stay in New Orleans were told time was running out. Ashton O'Dwyer is an attorney but says he'll defy any order requiring him to evacuate.

O'DWYER: I will leave when I am dead. OK. Let them be warned. They come to my house, they try to evict me, they try to take my guns, there will be gunfire.

SIMON: With his house intact and with plenty of food and water, O'Dwyer cannot understand why folks like him are being forced to leave.

O'DWYER: Treat me with benign neglect. Get out of my neighborhood, get out of my life, get out of my [ bleep ] city.

SIMON: And there were plenty of other fireworks as officers went door to door looking for holdouts.

UNIDENTIFIED MALE: It's my right. It's a constitutional right.

SIMON: The situation got extremely tense when an armed man barricaded himself threatening to shoot. He was eventually arrested without incident.

UNIDENTIFIED MALE: Are we evicting these people, for God's sakes, I hope?

SIMON: Officers also arrested the occupants of a suspected stolen truck.

UNIDENTIFIED MALE: What are you doing, man? UNIDENTIFIED MALE: Put your hands where I can see them.

SIMON: They searched it and found a stash of drugs and a handgun.

It may have been more calm at this neighborhood bar but the sentiment remains the same as folks try to figure out how to avoid the mandatory order.

JOANNE GUIDES, BAR OWNER: People can come in and get away from the insanity and get a little normality here.

SIMON: Owner Joanne Guides has managed to keep the place open with generators. Folks were socializing, ordering drinks, pretending everything was normal. Larry Stamm says right now, this is about as good as life gets.

LARRY STAMM, NEW ORLEANS HOLDOUT: Where am I going to go? I don't have no money. Can't get into the bank. I can't use my ATM card. If I leave here, I'm going to be in worse shape. I'm in here. We're watching TV. Got a place to sleep. We have food.

(END VIDEOTAPE)
 
I hope she slams them. I also hope this doesn't get buried...any way to contact this guy to see if we can get some sort of regular updates, within law? I wish I had a few extra $ to contribute as well...
If she loses, it will mean the destruction of the American Legal System is complete.
 
guess sombody has to be the bad guy

guess i'm gonna be kinda hated for what im about to say but one is forced to look at the situation from every point of view. first is the police were evacuating everybody she should have left under thier orders period. now since she refused and she was armed that is why force was used.

now i do not in any agree with the amount of force that was used and personally feel that a bit of tact and dipolomacy could have resolved this issue with nobody getting hurt.

but the police will defend themselves probably using the reasons i have outlined and probably get away with it being called justifyed.

is it right? no
is it fair? hell no
is it what will happen? probably so

and since she "resested" she can probably kiss her property (whitch i tacke to be the gun) goodbye forever

so to be fair all around mistakes were made on both sides. lets face it; it was a complete goat f*** downthere and everybody lost in the long run.
 
Actually...

at the time she was removed they were not doing a 100% evacuation of the area she was in. They were going around and encouraging everyone to evacuate and confiscating the firearms of those that chose to stay.

Apparently these confiscations happened for two reasons. To make the stayers feel helpless and in need of "government" assistance and to make it easier when they later decided to do a 100% forcible evacuation.

Her house was on dry ground, she claimed to have sufficient food and water, and was confident in her ability to take care of herself. Being an honest citizen she showed the police she had a firearm (the reason for her producing the firearm is not on the tape I saw) in a completely non-threatening manner. She repeatedly asked them to leave her property. Multiple officers then tackled her to the ground and used what appeared to be pain compliance limb manipulations to "escort" her to the train car...I mean truck.

migoi
 
I gotta disagree. The place needed to be evacuated to minimize looting. That means EVERYBODY has to go. If it had been me, I would have hated to leave but I would have hated looters running rampant even more.
 
To minimize looting?!
What?
How will removing lawful citizens minimize looting?
They removed her, now her house is free to be looted by the scum.
To minimize looting, encourage lawful citizens to protect their homes by whatever means required.
Here, this guy knows how to minimize looting.
200px-Looters.JPG

And this guy also has the right idea.
looters.jpg
 
video

addmitidly no i havent but i know how the lawyers will try to play this one out in court you might call it a case of i've seen it happen to many times. other circumstances yes but same idea. now i do agree the lady needs to get somthing. but i just dont have much faith in our justice system. call me jaded but ive seen to many good people screwed over to ever think that it works like it should.

like i said the cops were evacing everybody as i understand it. a bit late in my openion but hey what can you do. personaly i was in mississippi providing security at one of the evac shelters there. tension was high between law enforcement and the victims everybody on both sides were stressed out to the breaking point. from the long hours not knowing if friends or family were alright and under these circumstances people on both sides can and will make bad decisions.as i feel probably happened in this case.

of course i do know law enforcement has thier traning but even that can degrade under these kinds of circumstances. where i was was even more stressful as i was unarmed security now add that into your stress meter for fun. like i said what is right and fair probably wont happen i do hope she wins but i just find it to be quite doubtfull given the level of disorginiation that was going on at the time. not alot anybody can do about it if you truly want to help insted of donating to her lawyer howabout donating to a fund to pay her hospital bills. come to think i just may see if i can do that it would help her more in the long run.

and i love dasmi's post now thats the right idea ill agreeand now new information is up they conficated her gun thats why you give them a junk gun to conficate and keep the good stuff well hiden so you dont need govt. protection
 
Watch the video.
You might be right, she may get screwed in court. But, if I had to pick a lawyer, Mr. O'Dwyer would probably be at the top of my list, just because of what I saw him say on national TV, when the Government tried to remove him from his home.
 
Evictions AFTER the storm as passed, from regions of the city that were NOT flooded...

Illegal seizure of property...

Indefinite delays of elections....

"Paging Ms. Wolfe, please pick up the white curtesy phone. Ms. Wolfe, please pick up the white curtesy phone."
 
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+1 miogi
I'm usually not supportive of lawsuits for exorbitant amounts of money. But when the .gov is the defendant and is being sued for legit reasons, I don't mind my tax dollars going to work like that.

While I think the lady is entitled to reasonable damages and punitive damages, I don't want to pay excessively for governement bungling, incompetence and ineptitude. I want to fix the damn problem. I want the people responsible for this crap to pay. What I really want is for the perpetrators and their supervisors to lose their jobs and go to jail as appropriate. :fire:
 
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