There is a highly disturbing case out of New Mexico where David Eckert has filed a federal case against the Hidalgo County Sheriff’s Office, police officers with the City of Deming and medical professionals at the Gila Regional Medical Center. Eckert was stopped on a minor traffic violation and accused by an officer of holding his buttocks. What followed was a nightmare where officers and doctors subjected Eckert to outrageous abuse as they searched for drugs or contraband in his body.
On January 2, 2013, Eckert had finished shopping at Walmart when he did not stop at a stop sign after leaving the parking lot. I recently wrote about police have used such pretext stops for searches after the Supreme Court refused to consider the motivations of police in such encounters. In this case, Eckert was told to step out of his vehicle for the minor failure to stop. An officer said that he thought Eckert appeared to be clenching his buttocks. This was used as the basis for probable cause that he had drug in his anal cavity and he was taken to a hospital in Deming for an anal exam. The doctor however refused on ethical grounds.
That did not stop the police however. They went to Gila Regional Medical Center in Silver City where doctors appear to have few ethical qualms. They reportedly x-rayed him but found no evidence of drugs. Rather than admit mistake, the doctors were then told to go forward and they explored Exkert’s anus using their fingers. No drugs were found. However, rather than admit their error, they went forward with a second penetration of the anus. No drugs were found. Rather than admit error, they then ordered a third penetration with an enema. He was then forced to defecate in front of witnesses. No drugs were found. They then penetrated his anus with a second enema. He was again forced to defecate in front of witnesses and his stool again inspected. No drugs were found. He was then penetrated a fifth time with a third enema and he was again forced to defecate in front of witnesses. No drugs were found. No willing to admit mistake, he was then sedated and doctors performed a colonoscopy where a scope with a camera was inserted into his anus, rectum, colon, and large intestines. No drugs were found. So to wrap of the account below: we have five manual penetrations; three forced defecations before witnesses; and an intrusive surgery under sedation. All of this was done without consent and without any basis other than an officer saying he looked like he was clenching his buttocks.
The alleged abuse follows the concept of “path dependence” in economics where people will not consider alternatives due to the investments in an original course or concept. When no drugs were found, it seemed to commit the police and doctors to more examinations to justify their actions.
Deming Police Chief Brandon Gigante is qouted as saying “We follow the law in every aspect and we follow policies and protocols that we have in place.” Obviously, those policies and protocols need to be examined.
David Eckert is suing The City of Deming; Deming Police Officers Bobby Orosco, Robert Chavez and Officer Hernandez; Hidalgo County Hidalgo County Deputies David Arredondo, Robert Rodriguez and Patrick Green; Deputy District Attorney Daniel Dougherty;the Gila Regional Medical Center; and doctors Robert Wilcox, M.D and Okay Odocha, M.D.
What is most disturbing is that the police secured a warrant from a judge with the presumed help of the district attorney. So if a person stopped on the most minor traffic stop appears to be clenching, that is considered sufficient for a warrant ordering an anal cavity search. The fact that such warrants are issued is a chilling glimpse into the increasing dominance of police stops and searches in our society — a trend fueled by decisions from the Supreme Court removing constitutional obstacles for police. In addition to barring review of the motivation of officers in pretextual stops, the Court has held that police can now take DNA samples from arrested individuals as a matter of course. It said also ruled that, if you remain silent, prosecutors can now use that silence against you to suggest guilt in a trial. These are only recent decisions that join a massive shift toward police powers in the United States. Citizens are finding themselves subject to the whim of officers in whether they will be allowed to leave or whether they will be searched. Police also now claim the right to handcuff citizens and transport to different locations without it being treated as placing someone into custody.
Just this week, the Supreme Court ruled that police can kick in a gate to pursue a man who ignored an order to stop. The court ruled unanimously to find qualified immunity that failure to stop is sufficient to allow warrantless entries on to property — reversing the Ninth Circuit. The police cited that fact that he was suspected of committing a misdemeanor — failure to obey an officer. In the case of Stanton v. Sims, Officer Mike Stanton was investigating an “unknown disturbance” in La Mesa when Nicholas Patrick entered a yard. Stanton kicked open the gate and hit homeowner, Drendolyn Sims, who struck her forehead on the steps. Sims sued the officer.
The Court noted that the issue is whether it was clear that the entry was unconstitutional, which the Ninth Circuit found in determining the decision was “incompetent”:
There is no suggestion in this case that Officer Stanton knowingly violated the Constitution; the question is whether, in light of precedent existing at the time, he was“plainly incompetent” in entering Sims’ yard to pursue the fleeing Patrick. Id., at ___ (slip op., at 12). The Ninth Circuit concluded that he was. It did so despite the fact that federal and state courts nationwide are sharply divided on the question whether an officer with probable cause to arrest a suspect for a misdemeanor may enter a home without a warrant while in hot pursuit of that suspect.
The Court however declined to answer the question and create a clear line. Instead, it simply found that the confusion, which will continue after this decision, was sufficient to preserve immunity:
We do not express any view on whether Officer Stanton’s entry into Sims’ yard in pursuit of Patrick was constitutional. But whether or not the constitutional rule applied by the court below was correct, it was not “beyonddebate.” al-Kidd, supra, at ___ (slip op., at 9). Stanton may have been mistaken in believing his actions were justified, but he was not “plainly incompetent.” Malley, 475 U. S., at 341.
Here is the per curiam decision.
We have not seen the response of the police to the lawsuit so this account is coming from the complaint without rebuttal or contradiction from the defendants.
Source: KOB
Kudos: Michael Blott
Had they charged him with a crime and I was representing the anal retentive guy I would request a Bill of Particulars and photographs of the particulate matter. Then, in the civil suit, I would have clean evidence that he had committed no crime and was hiding nothing of interest.
But boy, if I was sitting on that jury I would have no interest in some of the evidence.
Then when you have the defendant doctor on the stand: “So, Doctor uttBayscope, what courses did you study in med school?” “How many gallons of soap and water did you send up there?” “When it came out did you take a close look?” “What did he have for breakfast, lunch and dinner?” “How many bubbles in a bar of soap?” “Oh, you don’t know that one? Well, you are not competent to vote in New Mexico.”
I have seen comments on several blogs that suggest the doctors are somehow less culpable because there may have been a warrant. We have learned the warrant was not valid because it was in the wrong county; however, medical staff are not lawyers, and probably thought it was valid.
That is no excuse. Even if the judge was standing in the same room with a court order for the doctors to perform these procedures, no doctor can be forced to do any unnecessary medical procedure. This is exactly the same thing doctors and consultants are accused of doing in the torture accusations associated with Guantanamo. So, even if the judge is standing there in person ordering the doctor or nurse to proceed, the medical staff has every legal and ethical right to say “no.”
FWIW, I have served on the medial ethics and credentialing committees for hospitals, as well as having been both executive secretary and chair of a state licensing board. I know my way around this particular minefield.
OS I was wondering if there is any case in which a judge could legally order an operation to get evidence from a suspect. Since I am not a lawyer or a medical professional, I have no idea of the laws and precedents in these kinds of cases. Even if they could find a willing doctor, is this legal and/or ethical at any time?
In this regards I recall the Avianca plane crash at JFK when the crew ran out of fuel after a botched approach in bad weather and could not complete a second one. Many of the pax survived, and when they were taken to hospitals, some were found to have drugs in their GI tract. The were simply monitored and let the drugs pass out normally. I can only guess that if the drugs constituted a health risk, that they would have operated to get them out of their system. In such a case, I would assume that even in that extreme case, the suspects would agree to the operation. If they did not, could the doctors legally proceed? Would that be ethical to operate without the patients consent to save their life, even if it would result in their conviction for drug smuggling?
Can the state licensing board take action against these crooked doctors and pull their license? Are their actions sufficiently egregious to pull their credentials?
Mike A., if you ever get a case like this, be sure and call me. Ordinarily I am opposed to dynamiting fish in a barrel, but in cases like this I am willing to make an exception.
I find it significant that the doctor in Deming refused to conduct the search on ethical grounds. The police had to go doctor shopping, a practice usually associated with people addicted to pain medication. Now it’s being used by people addicted to the infliction of pain.
Why can’t I ever get a case like this?
Also, someone needs to hire Leo the dog a lawyer.
I know he’s getting a bad rap in the media, they’re just dogs that their owners abuse them & from the reports it appears this dog’s owners are sick prev rapist Bad Guys.
I used to raise German Shepards, the 1st thing most every dog does is sniff every one they come in contact with crotch.
http://www.krmg.com/news/news/local/german-shepherd-finds-baby-girl-left-die/nbj4H/
**My guess is they will wait for the civil case to mature, which will develop evidence “free of charge” for them in discovery and testimony. **
OS, that’s they way they used to do things.
The question I have is have the people of this country had enough torture, rape, robbery & murder at the hands of the govt?
IE: TSA, etc….
Will this case or the next on the flash point?
Things feel mighty hot.
ap,
I am a little late, but I agree that these obscene tactics by police and a trickle down from the torture mentality after 9/11. Maybe I missed it, but has anyone wondered why the officer was staring at the victims butt to see that his cheeks were allegedly clenched? That alone is scary.
In view of the fact David Eckert has filed a civil lawsuit in Federal District Court, the US Attorney would have to be blind and deaf to not know the particulars. Add to that the world-wide publicity this has garnered, the pressure will be great. Also, this probably goes to a DoJ department well above the local USAs pay grade, so instead of being handled locally, it will be punted up the chain of command. My guess is they will wait for the civil case to mature, which will develop evidence “free of charge” for them in discovery and testimony.
Since a new person came forward today, we have to wonder if he will join Eckert’s lawsuit. That will be interesting. Next question, is just how big the mine field of potential plaintiffs.
New Mexico, Old Mexico. Pirate Territories. Fly over and flush.
randy, This is getting national press so the local US Attorney is probably looking @ it.
I certainly hope so NS. If I lived in that area, I would be raising holy hell that those criminal cops are still walking around free with badges and guns. I would also be making complaints to the state medical board about the doctors who violated every ethical rule in the book.
When mainstream america begins to shoot first the rule of law will be on the run.
Is there any way we can protest to the US attorney in New Mexico for not prosecuting these law enforcement criminals and medical torturers? During the Civil Rights movement, the DOJ used Federal laws when the local so called law enforcement people were engaged in actual criminal activity and murders. I think it is time to demand that the Federal authorities get involved in this and send these crooks to prison where they rightfully belong.
If not deferred, ……
ap,
Instructive links … thanks
It would seem we have war-practices trickle down to other professions besides law enforcement.
These cops are enemas of the people.
The people in that burg need to petition their government for redress of grievances. One way, a protected way, would be to show up on the courthouse square and demand that each Alderman take an enema in public on camera. We know they are hiding something here.
I thought I remembered seeing a copy of a letter to the medical board as a link in one of the news stories last night. Been looking but can’t find it again.
Formal complaints to professional boards are usually kept confidential, but in this case, the lawyers may want to go public. The board cannot reveal anything about complaints, but that does not apply to the complainant. The risk to the complainant is if the board does not find an ethical violation, the complainant may be liable for slander and/or libel if they went public with the complaint. However, I am pretty sure he is on safe ground in this case.
Led by Antonin Scalia, the majority on SCOTUS has made a mockery of our Constitution.
Ya, read this would be serfs.
http://www.prisonplanet.com/the-past-as-prelude-nazi-disarmament-and-the-u-s-gun-grab.html
What other proof do you need that this country has turned into a Commie/Nazi authoritarian he’ll hole in which your families & friends are just plantation slaves?
If you’re going to live in a Banana Republic you might as well familiarize yourself with what one is.
http://en.wikipedia.org/wiki/Banana_republic