Burlington Police face excessive force lawsuit stemming from 2021 incident

BURLINGTON, Vt. (WCAX) – The city of Burlington faces a lawsuit over accusations of discrimination and use of excessive force by police against a Black teen with disabilities.

It stems from a police response in 2021. According to the lawsuit filed by the ACLU of Vermont, Burlington mother Cathy Austrian found out her 14-year-old had stolen several vape pens from a gas station in May 2021. Austrian called the police on her child as what she hoped would be “a learning opportunity.” The lawsuit claims that officers escalated the encounter with threats and violence and that paramedics injected the teen with the anesthetic ketamine to calm him down.

The ACLU says the 14-year-old has behavioral and intellectual disabilities. ACLU staff attorney Hillary Rich calls it an example of the city failing those they’re meant to serve. “Any parent should be able to call for help for their child and not have to fear that that ends with their child being hospitalized,” she said.

Rich says the lawsuit highlights issues with excessive force — particularly among people of color and people with disabilities — and hopes this sparks accountability and change within the city and Burlington Police.

City officials say they investigated the incident and concluded that officers and first responders acted according to city policy and state law. They say the Burlington Fire Department was also ordered to review the use of ketamine. A doctor’s approval is now required statewide for all sedation of patients with combative behavior. They add that responding paramedics did consult with a doctor in this case despite it not being required at the time.

Darren Perron spoke with Seven Days’ Courtney Lamdin who reported on the story in this week’s issue.

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