OH - Somier McLaughlin for assaulting Sagamore Hills PD officers, 2008

http://blog.cleveland.com/metro/2008/01/woman_on_trial_for_attacking_p.html

A Summit County jury must decide if Somier McLaughlin is guilty of assaulting a police officer, resisting arrest and disorderly conduct. Or if she was defending herself after being provoked by officers with an agenda.
.......

The night of her arrest, McLaughlin had objected to her ex-husband taking the daughter out of the country for his marriage to another deputy.
....
Police will acknowledge that they had no authority to take the child, Stano said, but McLaughlin was verbally abusive from the moment officers arrived.

Stano said McLaughlin's ex-husband called police because he expected trouble when he tried to pick up their daughter for the trip.

Stano said Sagamore police routinely respond to child-custody disputes. Investigators found that McLaughlin's ex-husband did nothing wrong.

Investigators also found, however, that the township police had no business going to McLaughlin's home for such a dispute at 1 a.m.

Defense attorney John F. Corrigan said McLaughlin was "at home, in bed, with her daughter at 1 in the morning."

I thought you couldn't take a kid out of the country without the other parent's permission?

for more detail try this link. http://www.hudsonhubtimes.com/news/article/2417112

At one o'clock in the morning no less . . .

It's a tricky situation for sure. The cops had no right being there, but the woman had no right attacking a sworn officer of the law (not in my opinion, but by law).

Paladin said:

It's a tricky situation for sure. The cops had no right being there, but the woman had no right attacking a sworn officer of the law (not in my opinion, but by law).

Click to expand...

the officers said they arrested her for cussing at them in her own home. there is no allegation she used any force until after she was already under arrest.

sherri79 said:

the officers said they arrested her for cussing at them in her own home. there is no allegation she used any force until after she was already under arrest.

Click to expand...

I get what you're saying, but using the argument that none of these events would have unfolded if the officers didn't persue this does not justify assault on a police officer. It's the same reason there are vigilante laws. However, in this case, who do you call when the cops are infringing upon your rights? That's why I called it a tricky situation.

Paladin said:

I get what you're saying, but using the argument that none of these events would have unfolded if the officers didn't pursue this does not justify assault on a police officer. It's the same reason there are vigilante laws. However, in this case, who do you call when the cops are infringing upon your rights? That's why I called it a tricky situation.

Click to expand...

that is the whole argument her lawyer is making. did the officers act in their capacity as a officer or did they attempt to kidnap a child that belong to their friend and use their badge as a weapon. if a officer shows up at your house and tries to take your child randomly does the law demand you turn them over? if a officer then assaults you because you refuse to hand the child over do you have to sit and take it? does the law allow us to protect ourselves from a crime if the person committing it is a police officer?

http://www.cleveland.com/news/plaindealer/index.ssf?/base/summit/1201772067310820.xml&coll=2

Somier McLaughlin thought she was fighting for her daughter in June when she fought with Sagamore Hills police. This week she was fighting for her freedom.

And a jury sided with her, acquitting her of assaulting a police officer, resisting arrest and disorderly conduct.

......

Though jurors were not allowed to hear about it, Mark Podgorski, the sergeant in charge of McLaughlin's arrest, has a history of disciplinary problems -- mainly for threatening, abusive conduct toward other officers.

Patrolman Tim Ellis, also present at McLaughlin's arrest, was suspended in 2006 and sent for a psychological evaluation. An internal review voiced concern about his aggression and inability to de-escalate tense situations.

Ellis also was fired from the Woodmere Village Police Department in 2004 for using a Taser on a woman during a traffic stop. Ellis is fighting his firing in federal court, saying he was dismissed because he is white and the village is predominantly black.