DALLAS — A man whose blood was forcibly taken during a drunk driving investigation has filed a lawsuit against a number of defendants, including the City of Dallas, the Dallas County Sheriff’s Department, a nurse, and several officers. The lawsuit, which seeks up to $1 million in damages, accuses the defendants of violating Mosley’s civil rights when they strapped him to a chair and forcefully took his blood.
Mosley was arrested in March of 2013 after allegedly colliding with a neighbor’s vehicle and driving away.
Footage of the incident shows Mosley refusing to submit to an alcohol breath test. Following the refusal, police received a warrant to take Mosley’s blood by force. Police wrestled with Mosley for several minutes while he was strapped to a restraint chair, repeatedly telling him to “stop resisting.” Judy Ellyn Scoggin, a nurse employed by the Parkland Health and Hospital System, forcefully inserted a needle into Mosley, taking his blood without consent.
Video of the incident below.
15 states have allowed police to start forcibly drawing blood from people they suspect have committed a crime. The policy comes in the wake of a split 5-4 ruling by the US Supreme Court in April 2013 which states that blood can be taken without consent if a warrant is issued.