Category Archives: Law

Lawsuit to Take Down Austin Police for Takedown Consequences

On January 6, 2026, Natalie Gialenes reportedly filed a federal lawsuit against the City of Austin and a former Officer following a December 2024 incident that reportedly caused her a traumatic brain injury. Gialenes contends that while handcuffed for public intoxication, she bent down to retrieve her dropped ID when a police officer threw her to the ground. Her head struck the pavement with an audible impact that caused bleeding. Her attorney reports she now experiences cognitive difficulties that will affect her for life, including forcing her to withdraw from paralegal school. The Austin Police Association, however, maintains that Gialenes was highly intoxicated, had admitted using cocaine and alcohol, and pulled away from the officer during escort, requiring the takedown to maintain control.

Since 1989, officers have been subject to the Supreme Court order defined in federal Graham v. Connor, which includes the statement, “the facts and circumstances related to the use of force should drive the analysis, rather than any improper intent or motivation by the officer who used force.” Police takedowns are physical control techniques designed to bring suspects safely to the ground, occurring in approximately 21% of use-of-force incidents nationwide. Research indicates injury rates when force is used are estimated in a wide range, from 17 – 64%, with most injuries being minor bruises or strains. Data from the University of Illinois Chicago’s Law Enforcement Epidemiology Project states that 12.6% of civilians hospitalized from law enforcement encounters suffered traumatic brain injuries.

Texas law, as will law in all 50 states, mandates comprehensive use-of-force training for all officers. This training emphasizes de-escalation and proportional response. As Texas Government Code states, officers must provide “first aid or treatment to the extent of the officer’s skill and training” when encountering injured persons. Austin Police Chief Lisa Davis indefinitely suspended the Officer, calling his actions “reprehensible.”

Stroke Detection Mandate Comes to RAA

Richmond Ambulance Authority became Virginia’s first government-funded emergency medical service to train staff on advanced stroke detection, implementing the American Heart Association’s Essential Stroke Life Support program in December 2025. The initiative equips approximately 175 paramedics and EMTs with the BEFAST protocol – assessing balance, eyes, face, arms, speech, and symptom timing – allowing strokes to be identified faster.

During an untreated stroke, 1.9 million neurons die every minute, according to NIH-funded research. Patients receiving early treatment for this brain injury show remarkably improved outcomes, with some studies reporting 40% relative increases in independent ambulation.

With reports showing that approximately 205,000 annual EMS activations nationwide are related to suspected stroke, prehospital detection is critical. Stroke continuing education mandates, though, remain limited. States with requirements include Massachusetts, New Jersey, Virginia, California, Illinois, North Carolina, and Texas. New Jersey law N.J.S.A. 27:5F-27.1 mandates that “each emergency medical services [EMS] provider… shall incorporate training on the assessment and treatment of stroke patients”.

“Time is tissue,” explained RAA Training Coordinator Harold Mayfield. “[Most] brain tissue does not regenerate. The sooner we identify and treat, the better the outcome.”

Should 2026 Fiscal Year Funding Signage Concern the Brain Injured?

President Trump signed S.1071 into law on December 18, 2025. The National Defense Authorization Act for Fiscal Year 2026 was sponsored by Sen. John Cornyn (TX), and co-sponsored by Sen. Ted Cruz (TX), and received bipartisan support in Congress. The House passed the measure 312-112 on December 10, with the Senate approving it 77-20 one week later.

Similar to the redesignation of the Department of Defense as the Department of War, the $900 billion defense package appears to focus more on military action than research  As early as May 2025, ESPN reported, “The Trump administration’s 2026 fiscal budget request to Congress eliminates major federal funding for traumatic brain injury (TBI) research and education, potentially undercutting efforts to address head injuries in sports, particularly at the high school and youth levels.” The 2024 funding bill also included decreased funding for brain injury research. 

Whether the bill affects treatment options and research, and to what level, is to be seen.* It appears that some broader funding can be given to any study, even if it goes above the mandated TBI research amount. Additionally, most of the plentiful research I report on seems to be unrelated to the Department of War.

*Only one day prior to the signing of S.1071, Rep. Lori Trahan (MA) introduced H.R.6823 – “To direct the Secretary of Defense to establish a pilot program to facilitate the development of certain traumatic brain injury diagnostics for members of the Armed Forces.” On that day, December 17, 2025, it was referred to the House Committee on Armed Services. Since that time, no further action has been taken.

Brain Injury Prevention on the Slopes

Katie Watt, captain of the Bates College Nordic ski team, filed suit in December 2025 after a 597-pound unsecured bench shelter struck her during track practice in October 2024, causing a skull fracture and traumatic brain injury. The case, still pending, alleges the college failed to anchor equipment despite 30 mph winds.

Maine’s ski statute 32 M.R.S. §15217 establishes that skiers accept inherent risks, including terrain, weather, and collisions, “as a matter of law,” while preserving claims for negligent operation or maintenance. Similar statutes exist in Colorado, New Hampshire, and Utah, while Vermont statues uniquely void all liability waivers. (I was told by a lawyer that, based on their experience in New Jersey, a ski slope operator is culpable only when gross negligence is proven, such as if they dug a deep hole in the slope terrain.)

Evidence-based TBI prevention emphasizes helmet use which reduces head injury risk by 29-60%. Additionally, avoid terrain parks (31% higher head injury risk), and stop skiing by mid-afternoon when 40% of injuries occur. Groomed intermediate runs, proper lessons, and pre-season conditioning significantly reduce risk.

With proper precautions, skiers can enjoy the slopes safely while understanding their legal responsibilities.

McNabb Continues to Address “Cruelty”

Over 69,000 TBI-related deaths occur annually in the United States, yet survivors face mockery rather than support:

Recently, Payton McNabb—who suffered a traumatic brain injury during a 2022 volleyball game—was mocked by transgender comedian Stacy Cay, who called footage of McNabb’s injury “pretty funny” and criticized her for falling “like a toddler.” McNabb responded powerfully to those repugnant so-called jokes: “A grown man mocking a teenage girl’s traumatic brain injury isn’t comedy—it’s cruelty.” This is particularly notable since transgender discrimination is often at the foreword of the news and “cruelty” is one note that is used to rightfully describe it.

In schools, students with TBI face bullying from peers and even faculty. As for American adults, the percentage who have had a TBI, and are living with its consequences, ranges from 19-29%, according to recent statistics. Adults experience workplace discrimination in many ways, despite federal protections. These laws, specifically the 1996 TBI Act and Section 504 of the Rehabilitation Act of 1973, ostensibly protect survivors from discrimination but do not eliminate the problem.

Unrelated to McNabb’s trauma, President Trump previously dismissed TBIs as “just a headache”, in reference to service members. This 2020 ignorant statement is, unfortunately, shared by many who have no first- or second-hand experience with brain injury. As commonly is the case for those who interact with those who have a neurological injury, President Trump’s understanding of brain injury and respect for brain injury survivors has since changed. Recently, he honored Payton McNabb at his Congressional address. (McNabb also addressed the North Carolina General Assembly in 2023 and her bio is currently available to view in the congressional record.)

University Pays Millions for Treatment Positioning Outcome

The Iowa State Appeal Board approved a $4.16 million settlement on December 2, 2025, following Conrad Colombo’s catastrophic brain injury during prone (lying flat on stomach) restraint at a University of Iowa Hospital.

Colombo, 38, sought emergency psychiatric help in April 2022 after days without sleep or medication for bipolar and schizoaffective disorder. After striking a security officer during a psychotic episode, 16 University of Iowa Health Care employees restrained him face-down while administering the sedatives droperidol and midazolam. During this time, hospital staff failed to consistently monitor his breathing. When he was finally rolled over, his lips were blue and he had no pulse. Resuscitation took eight minutes and left permanent brain damage.

Such tragedies aren’t isolated. A patient died in Virginia in 2023 during prone restraint at a psychiatric hospital, resulting in an $8.5 million settlement. In Toronto General Hospital, a patient suffered fatal brain injury from restraint asphyxia in 2020.

Instead of prone restraint, experts recommend supine (lying flat on back) positioning, verbal de-escalation, and trauma-informed systems, which can reduce the use of restraints by up to 99%. In 2024, Colorado passed HB 24-1372, which restricts prone restraint.

From Execution Chamber to Fraternity Basement

When you think of fraternity hazing, the first example that likely will come to mind is excess alcohol consumption or perhaps streaking through campus. Some fraternities, though, may take hazing to an extreme.  On October 15, 2025, a fraternity at New Jersey’s state university Rutgers did just so: a 19-year-old student was electrocuted during fraternity hazing activities involving water, suffering serious electrical burns and lost consciousness. A second student was shocked while attempting to rescue him. (This fraternity has now been closed at the school.)

In 2019, at the University of New Hampshire, 46 students were arrested in 2019 for a “talent show” involving stun guns. Washington and Lee University suspended Phi Kappa Psi for three years in March 2015 after a member used a Taser on a pledge during initiation. Washington and Lee University President Kenneth Ruscio called it “clear physical abuse, harmful enough as it was, but under the circumstances potentially even more dangerous.”

While electrocution consequences may be first thought to be physical, the cognitive impairments from electrical injury can be more disabling.

According to the NCBI, this process disrupts the semi permeability essential to neuronal function, causing ATP depletion, mitochondrial damage, and loss of electrical charge. As with many traumatic brain injury cases, survivors experience impaired episodic memory, struggling to form new memories or recall recent events. Research into 26 electrical injury survivors found 62% showed processing speed deficits—the most common impairment. Another 62% demonstrated auditory memory and working memory dysfunction. Verbal learning suffered in 54%, while 46% had concentration and attention problems, and 35% showed visual memory deficits.

Brain injury occurs even when current doesn’t directly traverse the skull, transmitted via spinal cord myelinated axons and systemic hormonal stress responses. However, with comprehensive neuropsychological testing, psychiatric support, and occupational rehabilitation, the NIH acknowledges that functional improvement remains possible.

HISTORY & LEGISLATION:

As to how electrocution became a known means of torture, it may be good to look though America’s past: electrocution emerged as a death penalty method in 1888, when New York adopted the electric chair as supposedly more humane than hanging. Currently authorized in nine U.S. states including Alabama, Florida, and South Carolina, it has been used in approximately 4,251 executions since 1890. North Carolina Governor Josh Stein called execution by electrocution “barbaric” in October 2025, while Representative Pricey Harrison described it as “gruesome” in September 2025, noting victims are “literally cooked to death.”

Parties Unite to Combat TBI-Linked Veteran Suicides

Reports have found that hundreds of thousands of American troops have sustained a traumatic brain injury since 2000. Similarly, a 2024 Department of War report revealed that troops regularly exposed to blasts faced suicide rates roughly twice as high as service members in noncombat roles. To address these sobering realities, on November 6, 2025 [when the government was officially shutdown], Senators Dave McCormick (PA) and Jacky Rosen (NV) introduced the Veterans Traumatic Brain Injury Adaptive Care Opportunities Nationwide Act.

According to official text, the S.3130 will establish a program within the Department of Veterans Affairs to award grants, “to develop, implement, and evaluate approaches and methodologies for prospective randomized control trials for neurorehabilitation treatments for the treatment of chronic mild traumatic brain injury in veterans,” as current TBI treatments often fall short. By prioritizing cutting-edge research and complementing existing VA efforts like the Staff Sergeant Parker Gordon Fox Suicide Prevention Grants program, the initiative aims to close critical treatment gaps and proactively reduce the underlying conditions that contribute to veteran suicide.

“As I think about the soldiers I served alongside, I feel this issue deeply,” said Senator McCormick, a West Point graduate and combat veteran. “Our veterans deserve access to innovative and groundbreaking TBI treatments that will enhance their quality of life and finally address the suicide epidemic among servicemembers.” Senator Rosen concurred: “Our veterans put their lives on the line to defend our freedoms, and they deserve every resource available to heal from the invisible wounds of service.”

The bill now awaits consideration in the Senate Committee on Veterans’ Affairs, where supporters hope it will gain momentum as part of a broader push to address veteran mental health care.

Historic Federal Shutdown Resolved as Disability Services Faced Collapse

“The House of Representatives passed the ‘Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, abd Extensions Act, 2026’, with a vote of 222 to 209… after a damaging and unnecessary shutdown that lasted 43 days,” states a press release on the Committee on Appropriations section of the House of Representatives site.

The longest congressional government shutdown in U.S. history ended November 12, 2025, after 43 days, and 15 votes, that threatened the funding of critical services for people with brain injuries and disabilities. The House passed the Senate Appropriations Committee’s spending bill H.R.5371 with a vote of 222-209. President Trump signed the bill into law at 10:25 PM EST.

As was widely reported, the shutdown disrupted Supplemental Nutrition Assistance Program November benefits for 42 million Americans. Nearly 14 million people with disabilities rely on SNAP benefits.  Senator John Fetterman, who suffered a stroke in 2022, was among eight Democrats who voted with Republicans to end the shutdown. He stated: “I refuse to gamble with the food insecurity of 42 million Americans”.

Many financial assistance government programs that benefit the brain injured population are state-based: Supplemental Security Income, employment services, support for independent living healthcare, such as Medicaid and state-specific programs. As such, Social Security Disability Insurance (SSDI) payments thankfully continued without interruption, though other crucial services suffered.

However, many disability advocacy organizations operated “on fumes,” with some stopping new cases entirely. Maria Town, President of the Washington D.C. located nonprofit American Association of People with Disabilities, warned: “Given how many people with disabilities rely on benefits from government programs, this shutdown is especially harmful for the disability community”. The Tennessee Rehabilitation Center in Smyrna closed completely due to lack of federal funding, while Arkansas suspended rehabilitation services starting November 1.

Interestingly, the government shutdown, officially termed a “lapse in appropriations”, was not introduced to the Country as a negotiating “tool” until 1980, during the presidency of Jimmy Carter.  Since that time, most Presidents have weathered these shutdowns. Only two, Ronald Reagan and Donald J. Trump, weathered 3 shutdowns while in office. If history is to be the guide, this government inaction will soon be forgotten, which is both a positive and great negative for America’s well-being.

Brain Injury in Blue

While citizen brain injuries from police interactions are prominent in the news, galvanizing the “Defund the Police” movement, they remain rare—occurring in just 0.36% of encounters according to 2024 data from one major US city. Officers face greater risks. Across the pond, a 2025 University of Exeter study highlighted the problem: “Police officers face twice the risk of traumatic brain injuries and PTSD.”  An August 2024 Ohio State University study found 30% of law enforcement officers are injured on duty. Reporting on this study, the Journal of Head Trauma Rehabilitation May/June edition states that, “[Head injuries] are prevalent in LEOs, which may have consequences for their performance, well-being, and career longevity. PTSD and depressive symptoms are higher in those with a HI history, suggesting LEOs need better traumatic brain injury and mental health resources.”

For police officers, brain injuries are primarily sustained from assaults, vehicle crashes, and falls, and can have horrific outcomes. Ferguson, MO Officer Travis Brown exemplifies the danger of the myriad of anti-law enforcement protests: struck during a 2024 protest, he remained unable to walk or talk nearly a year later. Additionally, in a September 5, 2025 article, ‘Something Is Wrong With My Brain’, the New York Times reported on Brent Simpson, the first police officer known to have CTE.

Congress has responded with the TBI and PTSD Law Enforcement Training Act, signed into law in August 2024. Led by Rep. Don Bacon and the late Rep. Bill Pascrell Jr. of the Congressional Brain Injury Task Force, this legislation mandates CDC studies on first responder concussions and crisis intervention training, allotting $270 million over five years for training and research. Mick McHale, President, National Association of Police Organizations (NAPO) said, in relation to protecting the police, “This legislation also recognizes that law enforcement and first responders are among those in our communities who suffer from these afflictions and requires the CDC to do a study on the prevalence of TBI and PTSD in the profession. We thank [senators] for championing this legislation and… [their] support of the law enforcement community.”

Thankfully, officers can and do protect themselves through ballistic helmets, baseline concussion testing, and return-to-duty protocols following head impacts. More so, additional research likely will be a benefit, assuming that it results in positive action.