Washington State Patrol Accused of Confusing Driver’s Brain Bleed for DUI
by Douglas Ankney
On July 17, 2024, the Washington State Patrol (WSP) was accused of negligently arresting and jailing a woman for suspected DUI when in fact she was suffering a life-threatening brain bleed. Beyond the outrageous underlying facts, the case is instructive for those making similar claims, since Nicole McClure’s original complaint filed under 42 U.S.C. § 1983 was dismissed because of a pleading error.
Feeling ill on March 21, 2023, McClure, 40, left work early to drive back to her Olympia home. WSP Trooper Jonathan Barnes observed her vehicle traveling “at a noticeably slow rate of speed” and activated his lights and siren. But when McClure continued traveling, he deactivated his lights and siren and called for backup—just before McClure drove into a roundabout and collided with a concrete barrier in the center.
Dashcam footage from Barnes’ patrol care recorded him rushing to her vehicle, gun drawn, repeatedly screaming: “Get out of the car now!” McClure replied that she had left work early due to a severe headache. She felt dizzy, she added, and didn’t know what was going on. Barnes ordered McClure to drop her keys, but she didn’t. It was later revealed that McClure had a brain injury which paralyzed her hand, but when she failed to comply, Barnes yelled, “Stop resisting! She’s trying to use these keys to stab. She’s trying to use these keys as a weapon.”
After two other officers intervened and deescalated the situation, Barnes arrested McClure for DUI. But he didn’t conduct any field sobriety tests nor administer a breathalyzer test. He also failed to complete a required form, Washington State DUI ARREST REPORT DUI INTERVIEW; that has several questions which would have revealed McClure was experiencing a medical emergency.
Instead, Barnes transported McClure to Capital Medical Center for a blood draw. He failed to inform staff there that McClure had been in an accident, though, nor did he ask for her to be medically checked. The results of a blood test revealed no alcohol or drugs in McClure’s system. Nevertheless, Barnes took her to Thurston County Corrections Center (TCCC) on charges of DUI and Felony Eluding.
During the next 24 hours, TCCC staff ridiculed McClure’s slurred speech and other symptoms, asking if she wanted “another shot.” They did not summon any medical aid or even bother to complete her booking process. McClure lay on a cell floor for approximately 24 hours before she was found unresponsive in a pool of her own urine on the morning of March 22, 2022.
She was transported to an Emergency Room, where she was diagnosed with a brain bleed. Staff took lifesaving measures to address her “intraparenchymal hemorrhage with edema and midline shift likely emanating from cerebral venous thrombosis.” But the delayed treatment required removing a portion of her skull to ease brain swelling. McClure suffered significant brain injury was left unable to work.
With the assistance of attorneys from Dubin Law Group in Seattle, McClure filed a complaint in federal court for the Western District of Washington, alleging violations of her civil rights under § 1983, plus a supplemental state-law negligence claim. However, her complaint named only WSP, Thurston County and an unidentified medical services company. Since the statute recognizes a cause of action against individuals only, Defendant WSP moved to dismiss her claim and bar her from refiling under § 1983. To salvage her state-law claims, McClure’s attorneys were forced to accept that condition in their motion to dismiss, which was granted on April 10, 2024. See: McClure v. Thurston Cty., 2024 U.S. Dist. LEXIS 65770 (W.D. Wash.).
The complaint has now been refiled in state Superior Court for Thurston County, making claims for negligence, gross negligence and intentional infliction of emotional distress. PLN will update developments as they are available. See: McClure v. Wash. State Patrol, Wash. Super. (Thurston Cty.), Case No. 3:24-cv-05088-BHS (W.D. Wash. 2024).
Additional source: KIRO