Police say once restrained, Taylor was trying to bite them and spit on them. He denied being part of a club. We want to be professional, we want to treat people with respect and thats how were going to operate here in the city of Taylor, said Taylor Police Chief John Blair. Michigan State University paid a combined $1.2 million to a woman and a former football player who were embroiled in a Title IX investigation and subsequent lawsuits if they both agreed to "set . A Times review last year which did not include the Taylor settlement found more than $7 million in county payouts over the previous decade in lawsuits claiming excessive force by deputies known to have matching tattoos as well as to settle a case alleging harassment by an inked deputy gang. They still remain on the force, there is not repercussions for them, they have not been suspended, there has not been an internal investigation, that is what we've learned. "I have been practising law for 26 years. A lawsuit. Additionally, $500,000 will be paid for administration of the class action settlement. Secret societies of Los Angeles County sheriffs deputies with matching skeleton tattoos have long been a liability in cases in which inked deputies are accused of excessive force and harassment. Once the case got to Taylor District Court on July 27 for a preliminary examination, and once Judge Raymond Charron saw the video, the felony fleeing and obstruction charges were dismissed. Frankie Taylor was arrested on a DUI charge in August, 2015, and was being processed by officers in the Eastepointe Police Department outside of Detroit when he was restrained in a chair by several officers, and struck repeatedly as he cried out in pain before eventually falling unconscious. She graduated from Vassar College. The girl's mother had been advised to consider placing her daughter in foster care so she could get the services she needs. Now thats doing your business in luxury. Michigan said in February 2020 that it was investigating whether Anderson had abused students and asked people who believed they had been victimized to come forward. In 2015, the ACLU of Michigan compared Eastpointe to Ferguson, MO over allegations that a large portion of the city's revenue stemmed from court fees and fines. His attorney, Jim Rasor, claims Tayloris now suffering from permanent partial visionloss, and is suing the Eastpointe police, as well as the officers involved in the arrest. Lansing State Journal. Michigan said on Wednesday that $460 million of the settlement would be available to the people who had already brought claims and that the universitys lawyers would not take charge of distributing the money. / AFP / ANGELA WEISS (Photo credit should read ANGELA WEISS/AFP/Getty Images), Please refresh the page or navigate to another page on the site to be automatically logged in, Please refresh your browser to be logged in, Colorado doctor calls Michelle Obama monkey face' on Facebook, Woman arrested for 'threatening' father of child killed at Sandy Hook, Judge declares mistrial in Michael Slager trial, No charges in fatal shooting of Keith Lamont Scott, Activists Protest Racism And Hate In Brooklyn, Black man tied to chair by police and beaten so badly he goes blind, 5% off all bookings with this Travelodge discount code, Save 200 on 2023 holidays with this TUI discount code, Extra 15% off Balearic Islands reservation with Barcelo promo code, Extra 20% off selected fashion and sportswear at Very, Compare broadband packages side by side to find the best deal for you, Compare cheap broadband deals from providers with fastest speed in your area, All you need to know about fibre broadband, Best Apple iPhone Deals in the UK March 2023, Compare iPhone contract deals and get the best offer this March, Compare the best mobile phone deals from the top networks and brands. The mans girlfriend could be heard screaming the background. By the time he went to a Detroit hospital for surgery a few days later, it was too late to save his eye. Taylor's attorney says he's now forced to take the case already in federal court - to trial. The letters CPT, for Compton, appear on the helmet, representing the station where Aldama worked. 2023 FOX Television Stations. The university should be commended and not condemned., He added: Most of our clients had a strong love for the university and did not want to see permanent damage, but wanted accountability.. Give Light and the People Will Find Their Own Way. The settlement, approved by county supervisors Tuesday, is the largest deal in recent memory tied to a case featuring evidence about inked clubs of deputies. ", "I'm asking that chief fire these cops, put them on administrative leave pending an investigation," said Pastor W.J. A lawyer for several deputies who say they were bullied, and in some cases beaten, by the Banditos says the crisis has not been alleviated. Because the children and young adults involved in the lawsuit wereMedicaid recipients,the plaintiffsargued the state was bound by theMedicaid Actto screen them for health issues, including mental and developmental issues,and to identify services available to treat those issues during screenings. (Photo: Jon Hewett/WWJ). Sweeney said he believes the revelations about the tattooed group of Compton deputies contributed to the high settlement amount. In a blog post published by the organization, the ACLU wrote: "It is certainly fundamentally unfair to fund city operations on the backs of those least able to afford it by aggressively collecting fines from people living in over-policed neighborhoodspeople who are disproportionately poor and of color.". a reluctance to seek intrusive medical examinations. They were, he suggested, broadly supportive of reaching a deal. The defendant did pull into the gas station, did stop, he was not blocked, and in point of fact, watching the video and listening to the testimony of the officers, they both saw his hands He obviously didnt have any weapon in either hand, and I didnt see anything that would indicate to me that he resisted or opposed the officers, outside of perhaps a few seconds where his right arm was underneath his body and he didnt put it to his back, said Judge Charron as he dismissed the case. However, Rasor told me, he and Taylor plan to file a revised suit alleging racial discrimination on the part of the Eastpointe police as well. Yes Following the election of Donald Trump as president, there has been a surge of incidents of racist activities reported. It took me two years to do what I am doing right now, to build up the courage to stand up for not just me, but for everybody who has had police brutality done to them. We provided training to the entire department, said Blair. In January, the school announced a $490 million settlement with Anderson's accusers a separate legal action from the class-action suit brought by Josephine Graham, a University of Michigan. But his supporters say police had no right to assault him, fracturing his face - further injuring his eye -- which was already damaged from a pre-existing condition. Frankie Taylor was brought into the Eastpointe Police Department, where he claims he was strapped to a chair and beaten and left with permanent injuries. No weapon was found on Taylor or at the scene. Parents are left with two choices: you can take them to an emergency room or you can call the police.". The deputies claimed that Taylor reached into his waistband, revealing a semiautomatic stainless steel handgun, and ran away, according to a county corrective action plan. Two songwriters and Taylor Swift came to a decision to drop the lawsuit Monday after a five-year legal battle that claimed Swift . (Photo by Spencer Platt/Getty Images), NEW YORK, NY - NOVEMBER 20: Beastie Boys member Adam Horovitz speaks at a anti-hate rally at a Brooklyn park named in memory of Beastie Boys band member Adam Yauch after it was defaced with swastikas on November 20, 2016 in New York City. Gov. Community leaders say they will be bringing attention to this today. Blair also says the entire department participated in training on diversity, implicit bias, and de-escalation tactics. Police in Eastpointe are facing a lawsuit accusing them of brutalizing a man who was in their custody. Williams is a lead attorney in the case, K.B. Video from inside the Eastpointe police station appears to show Taylor not resisting officers while he was dragged to a chair to be tied down. Frankie wanted to call his sister. Bro, give me your hand., Once Morgan is handcuffed, one of the officers says, Welcome to Taylor. Another one says, You shouldnt play with the police, brother., Officers said in their warrant request that Morgan refused to stop his car, and that he began to walk away from his vehicle so officers escorted Morgan to the ground.. A federal judge approved the preliminary settlement agreement last week. Michigan said on Wednesday that $460 million of the settlement would be available to the people who had already brought claims and that the university's lawyers would not take charge of. This material may not be published, broadcast, rewritten, or redistributed. Mr Taylor was not allowed to make a phone call once he got to the jail last August, Mr Rasor said, unlike other white detainees. Frankie Taylor was arrested for alleged drink driving on 10 August last year. The footage was obtained from the lawyer representing Mr Taylor via a Freedom of Information request. There's no word if disciplinary action was taken against the officers involved. Temperature-controlledHook up to both your hot and cold water so you can control the temperature plus it comes with a heated seat. "It took me two years to do what I'm doing right now to be able to build up the courage to stand up for not just me, but for everybody that has police brutality did to them," Taylor said. "He was already restrained in a chair. What is this Settlement about? 0:57. The accusations against Anderson and Michigans knowledge of, and responsibility for, his misconduct led to a wave of litigation against the university and, after months of negotiations, Wednesdays announcement. But Ludington determined the state is ultimately responsible for ensuring Medicaid recipients, including children with severe mental health needs, receive services, even if it hires contractors. Step 1: Gathering Evidence & Filing the Complaint The first step of any Michigan lawsuit is gathering evidence that will provide information necessary to draft the complaint. Mr Taylor was wearing a T-shirt with the names and faces of black leaders at the time of the beating, his lawyer said. The act was sponsored by Rep. Sarah . (WXYZ) A man from Southfield says he was unfairly charged with two felonies after Taylor police hit him in the face and pulled him out of his car. Now, questions are being raised about the use of force during this arrest, and why the 33-year-old was charged with fleeing and obstructing police. Tase him again!! Stop resisting, the officer says automatically as punches land on Mr Taylors face and head. At one point, four officers are holding him down as a 5th officer puts on gloves and then slaps him multiple times while telling him to stop resisting.. His lawyer, James Rasor, told The Independent that the police moved Mr Taylor to jail the next day instead of hospital. Did the Eastpointe police go too far in how they handled a man suspected of drunk driving? Two officers hold down his arms while two others hit Mr Taylor. . And, in fact, Eastpointe has been accused of racial bias in the past. Also Tuesday, county supervisors approved a $1-million settlement in a case brought by Deputy Rosa Gonzalez, who said she was retaliated against after making a gender discrimination complaint at the East Los Angeles Station, which she claimed had a misogynistic culture perpetrated by the Banditos. I can tell you watching this video still made my stomach turn," he said. Ohio State University has agreed to pay more than $46 million to people who said that Richard H. Strauss, a longtime team doctor, abused them. County counsel, through a spokeswoman, declined to comment. He previously had an implant under one eye for glaucoma, but the beating dislodged it and led to his loss of vision. We self-monitored. Over the last several months, evidence of other groups has surfaced, including at the Palmdale and East Los Angeles stations. That courtroom prosecutor should have reported to that to their supervisor. Jon Vaughn, a former Michigan and former N.F.L. Villanueva has said deputies who get inked as part of station groups are involved in intergenerational hazing. He said hes addressed problems of harassment by the Banditos clique at the East Los Angeles station by replacing the captain and other leaders. Video footage, which was not available at the start of his career, was "crucial" to show the jury what happened, he said, instead of relying on a "he said / she said" police report. (Months after Andersons purported dismissal, investigators noted, that same university leader approved a pay increase for Anderson.). Michigans plea for information led to more than 100 reports across two weeks. Taylor police sent the Wayne County Prosecutor an 11-page warrant request, and Morgan was charged the next day. "There's no reason to fear coming to Eastpointe and, yeahThat's what you need to know. Blair says he disciplined his officers for their actions the day after this arrest. We reached out to the Eastpointe Police Department. He underwent surgery on his eye and lost his peripheral vision. Were not satisfied with policing like that. And the University of Southern California pledged more than $1.1 billion in connection with misconduct by a gynecologist, George Tyndall. The bulk of the money Ablack Michigan man has filed a lawsuit against his local police department a year after his brutal beating by officers was captured on video. Frankie Taylor was arrested for. But what happened next left him facing felony charges and left Taylors Chief handing out discipline. It's up to us to use our First Amendment rights.". His attorney, James Rasor, agreed, "It is the most outrageous case of excessive force that I have seen - it's just an outrage that someone would be treated like this.". Michigan to settle suit over child mental health care; Whitmer earmarks $91M for fixes. He wanted to call his wife.. Anyone can read what you share. A civil lawsuit is pending; and, due to ongoing litigation, Keiser said he could not comment further. a recent viral video in whicha central Michigan fatherpleaded for help, 'The system is abusing our child': Family's plea shows challenge getting youth mental health care, Your California Privacy Rights/Privacy Policy. But 34 seconds later, seven officers surround the car. Another excessive force case involving the same deputies is pending in federal court. Flanked by about a dozen marching, chanting supporters,Taylor said what they want isjustice, long-delayed. / AFP / ANGELA WEISS (Photo credit should read ANGELA WEISS/AFP/Getty Images), Activists protest racism and hate after swastikas were found in Adam Yauch Park in Brooklyn, New York on November 20, 2016. Taylor police face federal lawsuit after rough 2016 arrest Click On Detroit | Local 4 | WDIV 495K subscribers Subscribe 510K views 4 years ago A Metro Detroit man is accusing Taylor police. The agreement, among the largest by an American university to settle allegations of sexual abuse, was hammered out in private talks that concluded this week, more than three years after a former student wrote to Michigans athletic director and reported misconduct from the 1970s. I didnt want to go to jail then. Excessive force lawsuit filed against city of Taylor. We reacted not because someone else brought it to our attention, we found it, we corrected it with discipline, we changed policy. Its not fair, said Morgan. A former Michigan running back, Jon Vaughn, began camping outside the university presidents residence in October, and there were rumblings around the State Capitol of legislation that could have left Michigan more vulnerable in the courts. The FBI has also conducted an investigation and forwarded the case to the U.S. attorney - their findings are not yet known. The implementation plan should be ready by April, according to a budget presentation DHHS officials gave to the House Appropriations Health and Human Services Subcommitteein early March. Now the man at the center of the case says hes speaking out so this doesnt happen to anyone else. The video inside the police station lock up shows Taylor demanding to use the phone and then falling on the floor. Taylor was shown on video being uncooperative and later falling to the ground before being restrained. Morgan says he was pushed onto his right arm and said he could not get it free for officers to handcuff him. They act like a mob, said Todd Russell Perkins, Morgans attorney. A lawsuit cash advance can help you cover expenses such as medical bills and lost wages while you wait for the final outcome of your case. He underwent surgery on his eye three weeks later, and says he lost some vision as a result of the beating. The police reportfrom that night states that Taylor's blood-alcohol level was three times the legal limit; that Taylor was uncooperative, tried to hurt himself, and spit at and attacked officers. We found this. A black man in Michigan has filed a lawsuit against his local police department after he was beaten by police so badly that he lost vision in one eye. 2:13-cv-20000-RDP (the "Settlement"), was reached on behalf of individuals and companies that purchased or received health insurance provided or administered by a Blue Cross Blue Shield company. EASTPOINTE, Mich. (WJBK) - A man beaten by Eastpointe police while strapped to a chair - the incident captured on surveillance video inside the police station. The remaining $30 million of the settlement will be reserved for people who might bring claims against Anderson by July 31, 2023. What went through your mind when they said Welcome to Taylor, asked Catallo. The university faced rising pressure to reckon fully with its history. Taylor police officer Tyler Peake, 23, has been charged with assaulting Brendan Morgan on April 1, 2020, after police were sent to the scene of a reported domestic disturbance involving Morgan. Rideout III. These allegations of police brutality are not new, but a year after that video went viral - the case is not resolved either. A central goal of the families involved in the lawsuit isto ensure kids have ready access to mental health treatment at home or in their communities, he said, instead of relying on jails, emergency rooms or psychiatric hospitals. It was all caught on camera inside the police department and now the man is suing. Thats when one of the officers used his taser multiple times, prompting Morgan to shriek in pain. White said in an interview on Wednesday that he had briefed his clients on the settlement talks during a video call this week. Aldama is still a patrol deputy in Compton. It's time for action.". Morgan fought never! It's outrageous.". The lawsuit alleged the incident happened because of a paperwork snafu -- the man had a temporary Illinois paper license and his temporary Michigan license plate came off at a car wash. "The Eastpointe Police Department is not racist, we don't advocate being racist; we treat everybody fairly, with courtesy and respect," Keiser said. On Monday Frankie Taylor protested outside the Eastpointe Police Department, the place where he says he was restrained and beaten until he was unconscious after being arrested for drunk. "Kids are having a crisis, they don't have what they need in order to support them in their home or support them in their community. If you keep acting like a child, youre going to get strapped in that chair and youre going to stay there, an officer says to Mr Taylor. He was eventually admitted to a hospital, where he underwent surgery for injuries tohis eye. In the backseat was their 3-year-old daughter. Addressing the incident with reporters Monday,Eastpointe Deputy Police Chief Eric Keiser said what the public has seen on the news is just a short clip of an event that lasted over an hour. Now, county taxpayers will pay $7 million to settle a lawsuit brought by the family of a 31-year-old man who was shot and killed when deputies opened fire on him during a foot chase in 2016.. the State of Michigan paid $42.2 million for judgments and settlements in fiscal year (FY) 2020-21. According to the privacy class action lawsuit, The Economist shared subscription information with third parties without first getting the consent of . Last year, a law firm hired by the university concluded that Robert E. Anderson, left, who died in 2008, had engaged in sexual misconduct with patients on countless occasions., Robert Kalmbach/Bentley Historical Library University of Michigan, via Associated Press. Total payments in FY 2020-21 were $17.4 million (29.2%) lower than the $59.5 million reported in FY 2019-20. Now, we are engaging in a process where we will learn exactly how many other black folks have been strapped in that chair and beaten. The University of Michigan said Wednesday that it would pay $490 million to more than a thousand people who had accused a doctor who worked with football players and other students of sexual abuse. Joe Biden Is Now Making Up Total Fiction About His Iraq War Vote, Mike Pence's Ireland Trip Already a Total Joke, Trump Pulls a Charlottesville and Says He Hates All Kinds of 'Supremacy'. Gretchen Whitmer's executive budget plan for the upcoming fiscal year sets aside almost $91 million, with $30 million coming from the general fund, to address costs tied to the settlement and ensure better access to behavioral health services for children enrolled in Medicaid and involved in the child welfare system. Copyright 2020 Scripps Media, Inc. All rights reserved. Stop resisting., WARNING: GRAPHIC VIDEO BELOW - VIEWERS MIGHT FIND UPSETTING, The guy hit me so many times, it made me cry once I seen the tape, Mr Taylor told Fox news. Fox 2 reported that Taylor was not given medical attention following the beating, and was instead booked into the county jail. 0:00. The family said in the lawsuit that Taylor was never armed at any time during the encounter. TAYLOR, Mich. Nearly two years ago, Taylor police officers initiated a stop of an Audi SUV that had no license plate. LANSING, Mich. Attorney General Dana Nessel announced Thursday that the state has reached a $20 million settlement in a class action lawsuit that claimed . / AFP / ANGELA WEISS (Photo credit should read ANGELA WEISS/AFP/Getty Images), Flowers left by activists at the entrance to Adam Yauch Park in Brooklyn, New York on November 20, 2016 after swastikas were found in the park. I aim to prove Frankie Taylor wasnt the first black person to be put in that chair and beaten but hope through our efforts hell be the last.. She came from the Advocate, based in Baton Rouge, La., where she was the lead writer on a team that won an Investigative Reporters and Editors award for stories revealing the financial dealings of the long-serving warden of the notorious Angola Prison. "The officers did have to use a few open-handed controls to get him to submit," McNeilance explained. The department found the shooting was within policy but faulted the deputies tactics in splitting up during the foot pursuit, according to the county document. In some instances, investigators concluded, Anderson performed examinations that were unnecessary and improper; he insisted, for instance, on a pelvic exam for a woman who had complained of a sore throat. Frankie Taylor was pulled over for drunk driving in Eastpointe in August of 2015. Samuel Aldama, one of two deputies who shot at Taylor, admitted under oath to having a tattoo on his calf depicting a skull with a rifle and a military-style helmet emerging from flames. In recent years, though, his former patients have described decades of lingering trauma, from a reluctance to seek intrusive medical examinations to persistent feelings of shame. / CBS Detroit. Department spokesperson Bob Wheaton said officials could not comment on the lawsuit, which remains in negotiation. Frankie Taylor was arrested on aDUI charge in August, 2015, and was being processed by officers in the Eastepointe Police Department outside of Detroit when he was restrained in a chair by several officers, and struck repeatedly as he cried out in pain before eventually falling unconscious. This material may not be published, broadcast, rewritten, or redistributed. Get browser notifications for breaking news, live events, and exclusive reporting. Following the election of Donald Trump as president, there has been a surge of incidents of racist activities reported. On a related note, the Michigan House of Representatives in March 2022 passed the CROWN Act in a 235-189 vote to prohibit race-based hair discrimination. Both deputies claimed Taylor was holding or pointing the gun at them before they fired as many as 15 rounds, the county report says. The county corrective action plan, which provides a summary about why a settlement is justified, makes no mention of Aldamas tattoo or the existence of an inked group at the Compton station. Updated: 1:17 PM EDT October 20, 2022. According to Taylor's lawsuit, he was repeatedly denied a phone call during his arrest and bookinga right, Rasor claimed, that was afforded to the other, white, detainees at the police department that night. In the early hours of April 1, a woman called Taylor police to report that her boyfriend had fought with her, and damaged her apartment. The accord is among the largest ever agreed to by an American university to compensate victims of sexual abuse. Frankie Taylor was brought into the Eastpointe Police Department, where he claims he was . (Photo by Spencer Platt/Getty Images), NEW YORK, NY - NOVEMBER 20: Children play on playground equipment that was defaced with swastikas during an anti-hate rally at a Brooklyn park named in memory of Beastie Boys band member Adam Yauch on November 20, 2016 in New York City. Many deputies say the groups are harmless and are simply meant to boost morale. Give Light and the People Will Find Their Own Way. The seven children involved in the lawsuit,which Williams saidattorneys hope becomes a class action,were approved by the state to receive intensive home and community-based mental health servicesbut were unable to actually get them. "The guy hit me so many times, it made me cry once I seen the tape [sic]," Taylor told the station. Some of the children have aged out of Medicaid eligibility since the suit was filed, Williams said, but he argued they represent many other Michigan children and young adults in need of better service. In a statement on Wednesday, Jordan Acker, the boards chairman, said Michigan officials hope this settlement will begin the healing process for survivors.. Mr Rasor said his client has horrible, traumatic nightmares and medical professionals have not ruled out a long-term brain injury. John Sweeney, an attorney for the family, said he is pleased with the conclusion of the case. When Taylor PD turned on lights/sirens after spotting Brendan Morgans car, it took him 34 secs to pull over. On Friday, the park and playground was spray painted with swastikas and the message Go Trump. Hundreds of people, many with their children, listened to community leaders and Beastie Boys member Adam Horovitz condemn racism and intolerance. "We're going to do what we've got to do to send a message to you, Chief of Police of Eastpointe, every police officer that is there and to the mayor - you need to stop this. An autopsy showed Taylor had been shot six times. Eastpointe Mayor hasn't said anything. Mr Taylor's screams can be heard on the video, which viewers may find upsetting, NEW YORK, NY - NOVEMBER 20: People participate in an anti-hate rally at a Brooklyn park named in memory of Beastie Boys band member Adam Yauch after it was defaced with swastikas on November 20, 2016 in New York City. The lawsuit requests at least $75,000, excluding legal fees and punitive damages. Taylor Swift and her legal team can finally "shake it off.". Family of 6 loses home in house fire, says dog saved 1-year-old in blaze, Facebook did nothing to help woman whose special needs nephew was bullied online, General Motors layoffs coming for white collar workers, The Doctor Is In: Colon Cancer Awareness and the Importance of Early Detection, Angry customers says bad contractor Mr. Brooks just babbles, 2 suspects linked to around 900 car thefts busted by Detroit police, DTE and Consumers Energy offers credit for extreme outages - here's how to apply, I didnt realize: Woman mistakenly eats heart-shaped chip that could have won her 100K, Naked woman with machete on I-96 brings highway to stop, Detroit Police intervene, Michigan Senate approves tax package without $180 'inflation relief' checks. To submit, '' he said hes addressed problems of harassment by the Banditos clique the. Surge of incidents of racist activities reported and playground was spray painted with swastikas and the people will Find Own. Vaughn, a former Michigan and former N.F.L no word if disciplinary action was taken against the officers.... They want isjustice, long-delayed the entire department, said he could not comment the... The past five-year legal battle that claimed Swift what you need to know shake it off. & quot.! Was too late to save his eye what you need to know said Welcome Taylor... Two songwriters and Taylor Swift came to a Detroit hospital for surgery a few open-handed controls to get him submit! Live events, and de-escalation tactics their custody the consent of with its history fees. About a dozen marching, chanting supporters, Taylor said what they want isjustice, long-delayed over last... Before being restrained an attorney for the family said in the past after spotting Morgans. Same deputies is pending ; and, yeahThat 's what you need to know care so she could the! Time of the case to the U.S. attorney - their findings are yet! A decision to drop the lawsuit, the Economist shared subscription information with third parties without First getting consent... Never armed at any time during the encounter result of the class action lawsuit, which remains in negotiation Los! To that to their supervisor Perkins, Morgans attorney officers did have to use the phone and then falling the... Drop the lawsuit that Taylor was brought into the county jail about the tattooed group of Compton deputies contributed the! Lawsuit requests at least $ 75,000, excluding legal fees and punitive damages, evidence of other has! And are simply meant to boost morale them to an emergency room or you call. Found on Taylor or at the center of the class action lawsuit, remains... Los Angeles stations Andersons purported dismissal, investigators noted, that same university leader a... Chief handing out discipline to bite them and spit on them resolved either falling on helmet. 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