Only in California!
Stupidest facts ever. There was a multi-vehicle collision on a
California expressway. Firemen from the closest municipal fire
department responded to assist with traumatic injuries; there was no
fire. As they are trained to do, they used the firetruck to block
traffic lanes so that firemen/paramedics could work safely in traffic
lanes treating the injured. This makes sense, right?
Well, not to CHP. Once again we see how far a once respected police
agency has fallen since the days of Ponch and Jon. One patrol officer
got the firemen to move some of the vehicles to partly reopen the
highway, but the engineer (driver) of the remaining fire truck refused
to move it as it was the sole barrier to the other firemen and injured.
The other patrol officer seeing that the fireman wasn't complying with
the first patrol officer "took charge" by taking that fireman into
custody.
The state law is unclear about who is in charge between firemen and
police in this scenario, but I think the state legislature expected
everybody to behave like adults and a law wasn't required. Now, CHP has concerns about secondary accidents 'cuz motorists get impatient and
stupid, but regardless, if the injured are still on the pavement being
treated, first duty appears to be protecting their lives and the firemen treating them.
Right?
CHP insisted on taking this to court to preserve qualified immunity for themselves because the fireman sued. Anyway, the ninth circuit upheld
the district court that qualified immunity doesn't apply.
I was actually impressed that the state appellate attorney found a way
to make some arguments.
https://www.youtube.com/watch?v=rC4onWtwjfQ
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