Stroke Victim and Son, Arrested by DPD in March, File Federal Suit Against City of Dallas

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For those who don't recall, on February 23 Dallas Police officers were dispatched to the Hudspeth Avenue home of Dianne Irons after a call concerning some kind of a domestic dispute at the East Oak Cliff residence. Irons and her nephew, who'd once lived at the house, were arguing over its ownership. But upon arrival one of the officers, LaTasha Moore, thought something else was amiss, so she asked Irons to step out on to the porch -- at which point Moore arrested Irons for public intoxication, due, in part, to Irons having slurred speech. A police report would indicate that Irons was "under the influence of some medication causing her to be a danger to herself."

But that was not the case. Far from it: Twenty years earlier, Dianne Irons suffered a stroke that impaired her speech and made it difficult for her to walk. She tried to explain this to Moore; Irons begged the officer to let her call her son, Ben, who tried, without success, to convince police of his mother's condition. He drove to his mom's house, wife and kids in tow, with medical records. But Moore wasn't having it: She arrested Ben too, and according to court records, Ben told his wife to go and to take the kids while he sat handcuffed for two hours in the back seat of a police car before being released. His mother wasn't so fortunate: Dianne Irons spent six hours in the drunk tank and was issued a $394 ticket.

In early March, Dallas Police Chief David Brown and Assistant Chief Vince Golbeck went to Irons's house to apologize. Golbeck left saying, "Bless her heart, you can't help but feel for her and what happened to her in that situation. We let her know that we care and that we would do better next time." In a statement from Brown, issued March 4, he said, "The Department regrets that we did not recognize Ms. Irons' medical condition."

But yesterday, Dianne and Ben Irons filed a federal suit against the city of Dallas and Officer Moore for wrongful arrest and false imprisonment. The suit also says Moore humiliated the mother and son, and that the DPD was negligent in its training. The suit follows. The Irons's attorney is Ray Jackson, best known as Don Hill's lawyer. Irons V. DPD
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28 comments
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vakloo
vakloo

Stupid punk cops. And they wonder why we rejoice every time some stupid cop gets clipped in the line of duty.

www.real-anonymity.us.tc

Dallas Diner
Dallas Diner

Uh uh, don't go there.  No matter what an idiot this particular cop was, that is not justification for "rejoicing" when a cop is killed in the line of duty, any more so than opposing a war entitles you to rejoice in a soldier's death.

Johnwishboun1
Johnwishboun1

Office latasha moore---my bet = another unqualified minority hire......orders the citizen out on the porch and arrests for PUBLIC intoxication???  Time to go check her notes from police school....if she can read.... 

Insatiablyb
Insatiablyb

How do you get arrested for Public Intoxication ON PRIVATE PROPERTY?

Joe L
Joe L

I didn't realize the conduct in this case was so aggravated.  I have ALS, slurred speech and difficulty walking and have had a similar incident with Dallas Police, but not this bad. I live in constant trepidation of being victimized by the Dallas Police again.

Hopefully a judge will make an example in this case, and provide incentive to the police chief to change policies.

The cops in my case pulled the same dishonest trick.  One said "I smell alcohol".  I immediately said: "No, you didn't".  If people are in a similar situation, it is important that they activate a video or audio recording device.  I was able to call a friend's cell phone number and record the incident on his voice mail.

It is probably a good idea for people with impaired speech and gait to prepare themselves for this problem with the Dallas Police.  I have spoken to a lawyer to be prepared for the next time this happens to me.  I carry a copy of my medical diagnosis in my truck with me.

Also, if people are on a jury and a Dallas Police Officer testifies he "smelled Alcohol", bear in mind that this dishonest ploy seems to be standard operating procedure, and consider disregarding it if there is not other proof of alcohol being involved.

If I were in charge of internal affairs at DPD, any time an officer said he "smelled alcohol" in a dubious situation, I would require a polygraph.

scottindallas
scottindallas

When I was sixteen I got pulled over by a cop on foot.  I started to get out of the car and unbuckled my seatbelt and started to open the door, only to find the cop right there.  He said, "you're not wearing a seat belt."  I was, and politely told him so.  He didn't write me a ticket for speeding, but one for no seatbelt.  I challenged it in court.

I went to court with my girlfriend who was in the car at the time.  We both testified that I'd just removed my belt.  The officer testified that he saw as I was driving by that I wasn't wearing my seatbelt, which had to be a lie.  I lost the case. 

I learned a quick contempt for cops.  They lie.  My incident my minor, but it still resulted in a cop lying.  I'm not sure he wouldn't have passed a lie detector, he might have believed what he said.  I really feel for you, and the subject of the story.  Mine was of little consequence or inconvenience.  My GF and I got to screw around downtown on a school day with an excused absence from school.  But, the fact remains, the cop lied.  I sure hope you don't have any more problems.  Hell, maybe you'll get thrown in jail for coming to court drunk too.

RolloverRiderPGR
RolloverRiderPGR

When you see her name we all know how she became a police officer. She got on due to affirmative action and dumbed down testing because the real tests are too hard for certain races to pass. Why? Because those tests that check to see if the person who is either applying for or being promoted have the intelligence to actually do the job properly and not put the city in the exact position they are in now! Thank the ACLU AND the Police union for those dumbed down tests for police and firefighters nationwide that were discriminating against a certain class of people!

scottindallas
scottindallas

not sure cops are tested on what matters, attitude and morals.  I don't find that many cops that are that bright.  Certainly many are, irrespective of race.  I have a few friends who are cops that really warms my heart.  But, they aren't seeking control or power, just trying to keep everyone safe.  Your racist rant has little to do with the problems of cops.  Attitude, again matters far more than intelligence.

Kuei
Kuei

How do you arrest someone for public intoxication when they are on their own private property? Cops are disgusting! This is one more case of police stupidity that will cost tax payers hundreds of thousands of dollars.

scottindallas
scottindallas

sadly, probably won't cost that much at all.  Should, should hurt the officer personally.  It's like forcing the stockholders to pay for the sins of the CEO, when the CEO deceived the stockholders and others.

Pikdee
Pikdee

Can someone explain how she could be charged with "public intoxication" in the first place when she was in her own home- the police officer asked her to step outside. This whole things seems crazy

Rgraves
Rgraves

If you think Dallas PD is bad, go to Mesquite. They use cruel and unusual punishment for people who have traffic tickets. Mental and emotional abuse on old women who have been arrested for 9 year old traffic tickets. It's insane! I don't understand why they feel like EVERYONE is a criminal.

scottindallas
scottindallas

How do cops get rehired after these humiliating and criminal episodes?  Especially, considering the unemployment rate, there is no way a cop should get a second chance.  It really pisses me off that when stopped, a cop asks for consent to search, and you say no, they laugh at you.  They ask, who told you to say to not consent--every lawyer I've ever talked to, or read on the topic.  I actually hope these cops serve a warrant on a deaf man, and get birdshot in the face for busting down a door without proper notice.  I don't want them to die, I want them to remember for a long time, that there is a reason for the procedure they so love to skirt.  Such a violation of the public trust is horribly destructive to the nation and our rights.  And, there is simply no way to hold them accountable.

horn001
horn001

I hate how the poice can skirt a person's civil rights with Public Intoxication. There are no accountability measures in place to protect the citizen and the police use this as a catch all when they have nothing else to fall back on. If they think they have been drinking and could be a danger to the pubilc take a freaking breath test and if alchol is there than use the Public Intoxication but don't use it as a catch all when nothing else is available. This is such a bad law and it needs to be delt wtih or at least improved upon on how they determine when to use it.

Stacy
Stacy

I am so confused.....according to Texas law the person commits an offense if the person appears in a PUBLIC place while intoxicated to the degree that the person may endanger the person or another. according to the report this was her home which she was residing in.....since when is it illegal to be drunk on your own property, even though she did go outside she was still on her porch which is private property.. she "might" have been a danger to others but acorrding to the law she had to be in PUBLIC and a danger to herself or others for that PI to even be vaild...seems to me they were several others other than the officer that lead to this very humiliating mistake for Dallas...again...anyone w/ a brain would've looked at that report and released her w/ no fine.

Oak Cliff Townie
Oak Cliff Townie

She is a STROKE Victim. It is legal to slur your speech and lean to one side or the other inside or out side of your house .when you have one of those.

Stacy
Stacy

I know she's a stroke victim....read my post....what Im saying is even if she was drunk which she wasn't!! The ticket still should not have been valid cause she didin't break the Public intoxication laws which she was cited for!

james
james

is it any wonder that many of ushave nothing but contempt for police?

Chris Danger
Chris Danger

I really dont have contempt for police as a whole, as many of them are good people who are trying to do the right job. What I have a challenge with is the fact many of the younger cops on the DPD and other local departments (i.e. people w/ less than 5 years experience) have a massive attitude problem. Mark part of that due to generational gap when it comes to the way they were raised, also chalk some of it to millitary background, as many of the newer recruits have already performed a few tours in Iraq and Afghanastan.

Watching South Detroit
Watching South Detroit

You are correct about the attitude problem.  I was sitting at a restaurant and there were 2 cops eating dinner next to my booth.  They were discussing their day and they were using the term "citizen" in a derogatory and condescending mannner.  As in, "I had a citizen who ..... and I had to tell this citizen to ...".  They were laughing and thought themselves to be above us common citizens.  They had no respect for those who they are supposed to be "serving". 

Heywood U Buzzoff
Heywood U Buzzoff

Officer LaTasha Moore should have her image, in full DPD uniform, up on posters in DPD stations and on billboards with the caption 'this idiot cost tax payers a butt load of money because she is a dumb ass',  Then we get the public service announcements where Officer LaTasha Moore is on TV and radio telling why she did not breath test or blood test a suspected drunk and decided to arrest a stroke victim.  Then Cheif Brown of the DPD should declare an official Officer LaTasha Moore Day where at the start of each watch the Captains have to read aloud what LaTasha Moore did to this poor woman. 

But this is Dallas where you can pretend drywall gypsum is a narcotic or get a police funeral for a cop kill if he happens to be Chief's Brown son.  Officer LaTasha Moore will soon be promoted to some higher position where she can cost the citizens much more in court.

scottindallas
scottindallas

There is no test for PI, it's solely a judgment call.

Oak Cliff Townie
Oak Cliff Townie

Dear Stupid Police Chief Brown.Being The  Chief of Police of a large Texas Municipality Means Never having to say you are sorry.

At least until the Lawsuit is settled .

Watching South Detroit
Watching South Detroit

There should be some followup to see if the cop was disciplined.  She was way out of line.  Asking a person to walk outside of the house and then arresting her for public intoxication is a crock.  The cop wanted to find a reason to arrest her.  To arrest the son and handcuff him for trying to explain the situation is just as bad - talk abouit gestapo tactics.  Moore should not be a cop if she won't listen to the public she is supposed to "serve".  Moore and other cops that won't listen what is going on, like that cop that stopped/ticketed that man driving to the hospital to see his dying mother in law give all cops a bad name and turn citizens against them.  They are just bullies in uniform and need to find some other career.

Guest
Guest

The cop that stopped the man driving to see his dying mother-in-law also lied on the witness stand in a DUI hearing. On his dashcam tape, he tells another officer that he didn't smell alcohol or anything on the driver's breath but that he's going to pull him out and give him a field sobriety test anyway. In court, while under oath, he testified that he pulled the driver out because he smelled alcohol on the driver's breath.

Punishment for this outright lying under oath? None (because the Denton County D.A. is soft on crime). Last I heard, that officer is still a police officer (just not in Dallas. He resigned from the DPD).

If a person is willing to pull his gun to prevent someone from entering a hospital without even bothering to check if there is an emergency AND is willing to openly lie on the witness stand while under oath, he's probably not fit to be a police officer. But the people who could have done something to prevent his continuing to be a police officer despite being a criminal himself gave him a pass (because the Denton County D.A. is soft on crime and lets criminals go without any charges, even when the evidence of guilt is overwhelming).

And I agree that the "let's step outside. Oh, now you're outside, you're under arrest for being intoxicated in public or for causing a public disturbance" is extremely shady. I would imagine that the average person wouldn't know that they could simply tell the officer that they're not going outside (especially since we've seen plenty of instances in which the police laid siege to and arresting people solely for refusing to come out of their house). Allowing an officer to entice someone to commit a crime (asking someone to step outside knowing that getting them outside will result in their being intoxicated in public) is painfully close to entrapment.

It's like if a uniformed police officer handed you a bag of cocaine without telling you what it is, said "here, hold this for me" and then arrested you for being in possession of cocaine.

Chris Danger
Chris Danger

Most of the DPD officers today are, frankly, low hangers with a chip on their shoulder. My Dad is an ex DPD 35 year vet, he even agrees that the department has gotten worse in the 5+ years since he left. Many of the issues have come up since Chief Brown got the job. Time will tell if he becomes a better chief and reigns in his officers or decides to take a Terrel Bolton approach in handling matters..

CrackerDaddy
CrackerDaddy

Having dealt with Dallas' Finest on a few occasions, I can say that they do have a tough job and that they are human and make mistakes.  Having said that, too many of them have an "Army of Occupation" mentality when dealing with the public, especially minorities.  I mean come on guys, you're not patrolling Western Baghdad or Fallujah. Many of the police are too concerned with maintaining their authority and control of the situation over what they perceive as a "hostile populace".  For too many of them, to protect and to serve is a foreign concept.  IJS.

ScottsMerkin
ScottsMerkin

its a shame it takes lawsuits to police the police, but we seem to have an inordinate amount of stupidity cost this city tons o'money.  PI is the worst law on the books, it so discretionary and one pissed off cop can ruin a persons day real fast

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