On behalf of its client Tawona Warren, the Law Office of Harris and Morrison has filed another lawsuit against Blytheville Police Chief Ross Thompson and the City of Blytheville in the Rayshawn Warren case.
Along with accusations that police left Rayshawn Warren in a vegetative state during the Sept. 29 arrest, Tawona Warren, his guardian, says Thompson has violated the Arkansas Freedom of Information Act and Health Insurance Portability and Accountability Act (HIPAA)
In the lawsuit filed Monday in the Mississippi County Circuit Court, Tawona Warren alleges Thompson violated the Arkansas Freedom of Information Act by not releasing copies of the officers’ body camera recordings to her attorneys, “with it being contended they could not be released because a police investigation was ongoing.”
“Thompson has subsequently released portions of the videos to the public and to the press.”
The lawsuit claims Thompson violated HIPAA by releasing Warren’s medical information without his consent.
“I feel confident we did not violate HIPAA or FOIA,” Thompson said.
Blytheville City Attorney Chris Brown said the Arkansas Municipal League is representing the city in the suit and referred calls to AML attorneys. The AML attorney handling the case did not immediately return a message Friday afternoon.
The suit says Warren never consented to have his blood drawn for use by law enforcement.
“Neither Plaintiff or Warren ever consented to a release of any of Warren’s medical records to Thompson or any member of the Blytheville Police Department,” the suit reads. “Thompson has not obtained a search warrant issued by any judicial officer seeking to obtain copies of blood tests or medical records relating to Warren. No other member of the Blytheville Police Department has applied for or received such a search warrant. Thompson has not obtained a HIPPAA release from Plaintiff or Warren seeking to obtain copies of blood tests or medical records relating to Warren...”
On Oct. 31, Thompson sent a press release to local and regional media regarding the Sept. 29 incident.
Accompanying the release were previous incident reports involving Rayshawn Warren and a body cam video clip. A second body cam video clip deemed to large to email was copied for those requesting it and a report showed Rayshawn tested positive for amphetamines and THC.
In the release, Thompson said Rayshawn was combative “and physically resisted their attempts to detain him.”
“During the encounter officers believed he was in a state of excited delirium where subjects display extreme mental and physiological excitement characterized by extreme agitation, hyperthermia, hostility, exceptional strength, and endurance without fatigue,” Thompson said. “This condition is often the result of drug use or overdose, and can cause cardiac arrest.”
Thompson said 30-year-old Rayshawn had amphetamines and THC in his system the night of the encounter.
On Nov. 1, Rayshawn’s family held a press conference at the Law Office of Harris and Morrison, telling their side to local media and two Memphis television stations.
“He’s in a vegetative state; nonresponsive ...They tried to take my son away from me,” said Tawona Warren, Rayshawn’s mother. “That’s how I feel.”
At the request of Warren’s attorneys, on Nov. 2, Judge Ralph Wilson signed an Ex Parte order to preserve all evidence in the case.