Category Archives: Federal 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.”

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.

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.)

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.

Brain Injury Bill Returns After 2024 Setback

On September 24, 2025, S.2898 – Dennis John Benigno Traumatic Brain Injury Program Reauthorization Act of 2025 was introduced to the Senate. Sponsored by Senator Markwayne Mullin (OK), the legislation seeks to reauthorize federal grant programs providing care and resources for individuals with traumatic brain injuries through 2030, including funding for state partnership grants, protection systems, and CDC research.

Sen. Andy Kim (NJ), one of the bills bipartisan co-sponsors, says that he considers it a privilege to advance legislation that supports a cause that was so important to late Congressman Bill Pascrell (NJ), his friend and a staunch champion of TBI issues. (Kim’s extensive work with veterans, some of whom suffer traumatic brain injuries, also deepens his understanding of the issue’s severity.)

The current bill, named for a Clifton, NJ resident who was struck by a car as a pedestrian, essentially reintroduces the 2024 legislation. That bill passed Senate committee overwhelmingly but was unexpectedly removed from a December continuing resolution. This new bill, S.2898, preserves much of the 2024 bill while extending authorization through 2030 and reducing state matching requirements, making federal funding more accessible. The last action taken on the bill was on October 8, 2025, when a star print was ordered on the bill. According to congressional diction, “star prints are corrected re-prints of congressional publications.”

Big Beautiful Bill Controversy Obscures Opportunity for the Disabled

Self-identified as one of his signature achievements, President Trump’s “One Big Beautiful Bill Act” was signed July 4, 2025. Since this time, H.R. 1 has generated widespread criticism from the news media.  The Atlantic described it as “A Big, Bad, Very Ugly Bill,” while ABC News reported that “two-thirds of the public view the ‘One Big Beautiful Bill’ legislation unfavorably.” While some of this criticism may be legitimate, the bill also offers opportunities for Americans with disabilities despite concerning cuts to social programs.

The legislation reduces SNAP funding by $186 billion through 2034 and implements stricter work requirements and eligibility verification for Medicaid, both of which could potentially affect millions of disabled Americans. However, the bill notably leaves Medicare largely unchanged, preserving this critical healthcare program for seniors and people with disabilities.

The legislation’s most transformative provision dramatically expands ABLE (Achieving a Better Life Experience) savings accounts, allowing people whose disability was diagnosed before age 46 to qualify, up from age 26. This change will enable an estimated 15 million Americans with disabilities to access tax-advantaged savings accounts without jeopardizing government benefits like Medicaid and Social Security.

The bill makes permanent several tax advantages, including 529-to-ABLE rollovers and expanded saver’s credits. As reported by CNBC, Charlie Massimo, a financial advisor and father of two sons with autism, says, “This is a game changer. For the first time, millions of Americans with disabilities will have access to the same kind of tax-advantaged wealth-building accounts most families already have.” Geneva Dickerson, who cares for her disabled brother, sees the potential: “With an account like the ABLE account, he can use those funds to pay for more speech therapy or physical therapy if insurance doesn’t cover it.”

While controversial aspects of the bill deserve scrutiny, the ABLE expansion represents the most significant advancement in disability financial inclusion in over a decade, offering unprecedented opportunities for financial security and independence.

H.R.1 – One Big Beautiful Bill Act: https://www.congress.gov/bill/119th-congress/house-bill/1

ABLE: https://www.ablenrc.org/

Muhammad Ali American Boxing Revival Act Targets Brain Injury Prevention

Congressional lawmakers have introduced the Muhammad Ali American Boxing Revival Act to strengthen fighter safety protections. Representatives Brian Jack (GA) and Sharice Davids (KS) introduced this legislation in July 2025, building upon the Professional Boxing Safety Act of 1996.

The timing coincides with devastating losses in Tokyo, where Shigetoshi Kotari and Hiromasa Urakawa, both 28, died from subdural hematomas after competing on the same card at Korakuen Hall on August 2. Both fighters collapsed following their matches and underwent emergency brain surgery but died days later. Japan’s Boxing Commission subsequently reduced championship fights from 12 to 10 rounds.

The new legislation enhances the original Muhammad Ali Boxing Reform Act, enacted in 2000, which primarily addressed financial protections. This revival focuses heavily on medical safety, mandating comprehensive brain imaging including MRIs every three years and increased testing frequency after knockouts.

The lawmakers cite concerns about brain trauma in combat sports, with former MMA fighter Congresswoman Davids drawing from personal experience about ring dangers. The World Boxing Organization, a major international sanctioning body governing professional boxing globally, endorses these enhanced safety protocols to protect fighter welfare.

TBI & PTSD Treatment Gains Congressional Momentum

Congressional efforts to expand hyperbaric oxygen therapy (HBOT) access for veterans with traumatic brain injuries and PTSD are advancing through multiple legislative channels in 2025.

Congressman Andy Biggs (AZ) reintroduced H.R. 72, the TBI and PTSD Treatment Act, on January 3, 2025, alongside co-sponsors Representative Elijah Crane (AZ) and Representative Paul Gosar (AZ). The bill was referred to the House Veterans’ Affairs Committee and subsequently to the Subcommittee on Health on February 6, 2025.

Additionally, Congressman Greg Murphy (NC) championed H.R. 1336, the Veterans National Traumatic Brain Injury Treatment Act, which successfully passed the House Veterans’ Affairs Committee on May 6, 2025. This bipartisan legislation establishes a pilot program for HBOT treatment and garnered support from twelve co-sponsors across party lines.

Both bills target the veteran suicide epidemic, with over 17 veterans lost daily. HBOT accelerates brain healing by delivering elevated oxygen to damaged tissue, with studies showing significant PTSD symptom reduction within four weeks of treatment.

The legislation aims to remove VA bureaucratic barriers and provide veterans additional treatment options beyond traditional therapies, representing a critical step toward addressing the mental health crisis affecting America’s veterans.

Sit Down and Breathe