Category Archives: State 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.”

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.

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.”

New Safety Measures Take Effect for Stunt Performers

Box office success proves that people relish characters’ overcoming unbelievably intimidating or frightening physical odds in film. However, for the stunt performers who perform these acts, the imbedded danger can be very real. An Ohio University study published in 2023 by the NIH reveals stunt risk: 80% of film and television stunt performers have experienced head impacts. Of that high percentage, 86% showed concussion-like symptoms. (This percentage is likely much higher than industry professionals would think, as there is also a 2024 NIH-published report Stunt performers’ reluctance to self-report head trauma.)

Based on statistics and the increased public concern about production safety, California signed into law SB 132 in July 2023. While this bill was not effective until this past July, the Income taxes: tax credits: motion pictures: occupational safety: California Film Commission mandates safety advisors and risk assessments for tax-credit productions, specifically stating, “[it] would require the safety advisor to prepare a final safety evaluation report based on the actual risk and compliance experience.” Georgia now requires, “major studio filming… [to] assign a safety officer to a feature length production as part of a pilot program.” New York has also developed a similar pilot safety officer program in 2025.

The film industry, at large, has also taken action, as SAG-AFTRA now requires 500 days’ experience for stunt coordinators. Beyond performer safety concern, this enhanced attention to the issue of stunt trauma is based on simple financial calculations, as lawsuits underscore the stakes. HBO settled with stuntman Casey Michaels for $9.4 million in 2023. Fast & Furious 9 producers also faced $1 million in fines after stuntman Joe Watts suffered traumatic brain injury.

While new laws and highlighted attention are a positive sign, stunt safety remains difficult to assess. An exploratory study found in the NIH database, Head Trauma and Concussions in Film and Television Stunt Performers, alarmingly found that fear of job loss meant that 65% continued working while symptomatic.) “Concussion seems to be a serious occupational health issue in stunt performers,” stated Dr. Jeffrey Russell, researcher at Ohio University. This somewhat dismissive statement shows that action is needed to protect both the stunt performers and the studios’ bottom line.

Cursive Writing Benefits to Students & the Brain Injured

Cursive writing functions as a complex motor skill that can remarkably persist even when brain injury patients lose explicit memory of how to perform it. This surprising phenomenon occurs because cursive engages procedural memory systems stored in the basal ganglia and cerebellum, which often remain intact when other cognitive functions are impaired. Recent NIH-funded research demonstrates that “attempting to write each letter produces a unique pattern of activity in the brain,” as Stanford’s Dr. Frank Willett explained in a 2025 study. A comprehensive 2025 analysis published by the NIH found that cursive writing creates enhanced connectivity across motor, visual, and memory regions.

For brain injury survivors, studies suggest cursive practice offers superior rehabilitation benefits. Unlike typing, which “relies on repetitive finger movements,” cursive engages “fine motor coordination and smooth transitions between letters,” activating broader neural networks crucial for recovery, according to recent university research. The continuous motor control required for cursive helps rebuild damaged neural pathways and enhances fine motor skills essential for rehabilitation.

Currently, many states have been dropping cursive instruction as a curriculum requirement, but recent neurological evidence has prompted policy reversals. New Jersey State Senator Angela McKnight recently advanced legislation requiring cursive proficiency by fifth grade, stating: “We’re doing our children a disservice by not teaching them a vital skill they will need for the rest of their lives.” California, Kentucky, and New Hampshire have reinstated requirements after recognizing cursive’s cognitive benefits. This resurgence reflects growing understanding that cursive writing enhances memory retention, motor control, and neural integration—benefits particularly valuable for cognitive development and including for those with a brain injury.

Holly’s Trauma May Prevent Others from Neurological Harm

Holly, a single mother of three, was brutally beaten unconscious while trying to intervene in a downtown Cincinnati street fight on July 26 at around 3 a.m. Violently slammed to the ground by the attackers, she was left with severe injuries including neurological damage, specifically a concussion and vision problems.

In subsequent media appearances, Holly described the assault as “attempted murder” rather than just an incident, criticizing police for their inadequate response. She also expressed frustration that despite suffering life-threatening injuries, as of the date of her viral response, she had not been contacted by Cincinnati officials, apologizing for the attack.

Six individuals have been arrested in connection with the brutal beating that was witnessed by approximately 100 bystanders, though only one person called 911 for help.

In response, on Wednesday, August 6, 2025, Ohio Senator Bernie Moreno introduced “Holly’s Act” – proposed legislation aimed at ending what he calls the justice system’s “revolving door” for repeat offenders. The act would raise minimum sentences and bail requirements for violent criminals, ensuring those with extensive criminal records cannot easily return to the streets.  Additionally, “[He] will convene the federal agencies that provide money to Cincinnati and ask them to suspend federal funding until [the city council and the mayor have] a plan in place.”

Cincinnati Mayor Aftab Pureval called Ohio Senator Bernie Moreno’s response “extremely disappointing,” stating that threats to suspend federal funding constitute “political theater” designed to harm residents. The mayor defended the city’s existing public safety initiatives, including drone programs and walking patrols, while acknowledging more work needed to be done downtown.

Holly supports the legislation, hoping her traumatic experience will be a catalyst to prevent similar attacks and improve police staffing statewide.

Texas First to Fund New Psychedelic Research

Texas has made history by becoming the first state to allocate significant public funding for psychedelic medicine research. Governor Greg Abbott signed Senate Bill 2308 into law in June 2025, committing $50 million to FDA-approved clinical trials of ibogaine, a psychedelic compound derived from an African shrub.

The groundbreaking legislation represents the largest government investment in psychedelic research to date, positioning Texas as a global leader in this emerging field. The initiative aims to develop FDA-approved treatments for opioid addiction, traumatic brain injury (TBI), and PTSD—conditions that have devastated countless lives across America.

Rick Perry’s Pivotal Role

Former Texas Governor Rick Perry has emerged as an unlikely but passionate advocate for ibogaine research. His involvement began through his relationship with Navy SEAL veterans Marcus and Morgan Luttrell, who found relief from combat-related trauma through ibogaine treatment in Mexico. After witnessing their remarkable recoveries, Perry dedicated himself to advancing this cause, even launching the nonprofit Americans for Ibogaine.

“I’ve spent most of my adult life in public service, and few things have moved me like what I’ve witnessed with this psychedelic drug,” Perry wrote in a recent op-ed, describing how ibogaine helped veterans overcome years of opioid dependence and psychological trauma.

Promising Results for Brain Injury

Recent Stanford Medicine research found that ibogaine, when combined with magnesium for heart protection, safely reduced PTSD symptoms by 88%, depression by 87%, and anxiety by 81% in combat veterans with traumatic brain injuries. The treatment appears to promote neuroplasticity, potentially helping the brain repair itself after injury.

While primarily focused on veterans, the research could benefit anyone suffering from brain trauma, including athletes with concussion-related injuries and accident victims. Texas’s historic investment may lead the way to finally bringing this promising treatment to American patients who have long traveled abroad seeking relief.

Texas SB 2308: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB2308

MO Brings Oxygen into TBI Recovery

Missouri has demonstrated remarkable commitment to our veterans with the ratification of SB 664 on July 14, 2025.  The “Veterans Traumatic Brain Injury Treatment and Recovery Act,” was passed with overwhelming support of 33-0 in the Senate and 156-1 in the House. Governor Mike Kehoe signed this groundbreaking legislation on Monday, establishing a fund to reimburse HBOT facilities treating veterans with TBI or PTSD, recognizing the treatment’s potential to combat veteran suicide and opioid addiction. The initiative represents a projected investment exceeding $5 million annually, underscoring the state’s confidence in this therapeutic approach.

HBOT works by delivering 100% oxygen in pressurized chambers at 1.4-3 times normal atmospheric pressure, dramatically increasing oxygen delivery to damaged brain tissues. Advocates report that this treatment “stimulates brain wound healing and can reverse soft tissue and neurocognitive damage” without requiring invasive surgery or pharmaceutical interventions. Patients can “experience recovery of cognitive and neurological functioning” through this non-invasive approach.

Clinical research has yielded encouraging results across multiple studies. For moderate-to-severe TBI cases, several high-quality studies demonstrated statistically significant improvements in consciousness recovery compared to standard care alone. Research has consistently shown better Glasgow Outcome Scale scores and reduced mortality rates in HBOT treatment groups. A comprehensive 2016 review highlighted that “most successes occurred within hours after TBI,” emphasizing the importance of early intervention. Particularly compelling evidence comes from pediatric research, where a study of 56 children with severe TBI found that HBOT “significantly improved quality of life and reduced complications” compared to control groups. Additional research involving 56 patients showed “significant improvement in symptoms and increased brain activity” measurable through SPECT brain imaging.

The treatment maintains a generally acceptable safety profile, with most side effects being minor and temporary, including ear discomfort, headaches, and fatigue. Serious adverse events remain rare when HBOT is properly administered. This positive safety record, combined with growing clinical evidence and strong legislative support, has led some VA facilities to begin offering HBOT treatment to veterans, representing an important step toward broader acceptance of this promising therapeutic intervention.