According to a lawsuit, a Corvallis police officer wrongfully detained a teenager with diabetes on suspicion of driving while intoxicated.
The Benton County lawsuit also claims that police failed to provide assistance when the youngster experienced a diabetic crisis while being detained at the Corvallis Police Department and after his arrest.
In May, Polk County resident Micky Garus filed the $803,300 complaint, seeking a jury trial, on behalf of his son, Noah Garus, who was stopped on a February evening after not turning on his headlights while leaving a convenience store parking lot.
After conducting a DUII investigation during the stop, Officer Nathan Diebel found that Noah Garus was operating a vehicle while intoxicated. The 16-year-old was arrested and sent to the police department, where he passed a breathalyzer test with a blood alcohol content of.00%. According to the lawsuit, he also submitted to a urine test, which revealed no intoxicating chemicals.
Additionally, according to the complaint, there was no proof that Noah Garus had consumed alcohol or was intoxicated. It claims that rather than taking the youngster in, Diebel ought to have realized he was in diabetic distress and sought for help.
According to the lawsuit, Noah Garus was allegedly denied access to his phone while he was being held, which prevented him from calling his parents to inform them of the situation. It was only after he was brought to the Police Department that he was permitted to use a phone there to call his sister.
According to the lawsuit, Micky Garus drove from Dallas to Corvallis after learning of his son’s detention, but he was prohibited from speaking with him for an hour or two. Meanwhile, Noah Garus’ blood sugar levels continued to rise dangerously since he was unable to take his medication.
According to the lawsuit, Micky Garus discovered Noah Garus was experiencing a diabetic crisis as soon as he was finally permitted to visit his kid. He also claimed that because police had seized his vehicle, Noah Garus’ blood sugar testing equipment was unavailable.
According to the lawsuit, when medics arrived and checked Noah Garus’ blood sugar, they discovered that it was dangerously high. However, Micky Garus was unable to give him the medication right away since his son’s needles had been dumped in a trash can and had to be retrieved first.
According to the lawsuit, Noah Garus has experienced generalized worry, general emotional anguish, and anxiety when he encounters police since this occurrence. He no longer trusts the police.
Both the Corvallis Police Department and the city of Corvallis declined to comment on the case.
The city’s lawyers responded to the complaint by stating that there was probable cause to conduct the arrest and largely rejecting the allegations made against Diebel and the city.
However, they did admit that during his detention, medical professionals discovered that Noah Garus had elevated blood sugar.
A status check is planned for March after a case management hearing was held at the Benton County Courthouse on December 3.
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