We previously discussed the horrific case out of New Mexico involving David Eckert. You may recall that Eckert 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. Before the police released him after finding no drugs, he would endure 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. Now he has reached a settlement with the city of Demin and the Hidalgo County for $1.6 million. He is still proceeding against the doctors and hospital.
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. They then brought in a dog named Leo, a drug-sniffing dog whose certification allegedly expired in April 2011.
This “evidence” 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.
What is most interesting about the stories on the settlement is that there is no mention of officers being criminally charge for the abuse or even fired. They committed unspeakable abuse of this man and now have cost the city and county $1.6 million.
New Mexico Police Chief Brandon Gigante says his officers did everything “by the book” and that there was no need for the slightest discipline. That would suggest that the book needs to go as does Gigante . . . or Deming can continue to pay millions for acts of utter depravity.
What Darren said. These officers and their out of control boss need to be looking at prosecution and at the least, looking for new jobs. I agree that the war on drugs is nonsensical and we would save more money in the long run by treating drug users instead of imprisoning them. I hope the hospital has some deep pockets, because they are going to need them.
The video reports the search warrant was not valid for the county where the medical exam took place.
Also that the hospital is threatening to take the victim to collection by forcing the cost of these procedures on him, no way in my view. This wasn’t the case where the victim was in a car accident and the police brought him to the hospital for treatment. The victim did not consent to this procedure it was done on behest of the police department conducting their own investigation. The hospital needs to bill the city.
If the hospital just x-rayed the victim and said “nothing there.” I would say they could have qualified immunity in that they did what they thought was proper according to the search warrant but the degree they repeatedly went to, it gets more incriminating to them in my view.
I agree, Nick. Cheap.
I hope he gets more from the doctor that did…. And hospital that they had privileges at….
Well,Hurrah! Hopefully he gets some or all of that compensation money soon, without further appeal or delay. Those with another opinion probably did not follow the story from before, but can catch up with a full read of the blog now. One hopes a lesson is learned too & no repeat performance connected to that city. The sum has to be that size to wake them up & clamp down on any possible future abuse, always remembering it is taxpayers who foot the bill, unless they keep on doing that kind of thing until the city is broke & has to renege on its staff pension plan like Detroit. Actually $1.8m is just a little larger than chump change for governments of that size, but it should make a big difference to the victim if he is regular middle or working class and not already rich.
Isaac, Your thoughts on the plaintiff thinking about a lawsuit as he was going through this are almost certainly incorrect. I would put the odds @ that being 10,000-1 I’m heading to Vegas so odds are in my head.
This is a pretty quick settlement and I think the defendants got off cheap.
Houstonian, America is gone. We need to come up with a new name for this country we live in – and a new slogan since it’s no longer the land of the free.
John is right. But it will never happen because too many powerful people in high places are making money from putting drug “offenders” in their privately owned prisons.
Darren Smith said: “Well, now that the locals don’t seem to be interested in this victim’s civil rights, perhaps they would be willing to endure an investigation by the FBI.”
Wanna bet that not filing a Federal civil rights case was part of the settlement?
The hospital has much deeper pockets anyway. I’d like to see the doctor in charge of this rape loose his or her license.
They did it by the book alright — the checkbook.
THIS is what the “War On Drugs” has brought us, not only do we have street thugs selling it, we have police thugs rousting innocent people around.
We need to stop the war, legalize ALL drugs…and REGULATE THEM!!
So these freaks aren’t out murdering people on a drug that they don’t even know what is in it.
And we can have the police thugs STOP THE ABUSE of innocent citizens.
It took 13 years of prohibition, to find out it was never going to work. They didn’t repeal prohibition because booze was determined to now be healthy for people. They repealed it to get rid of all the killing, crime, & corruption associated with it.
And all the cost in policing, prosecuting, and imprisoning people.
We need to do the same with drugs.
Absolutely, utterly, completely SICK. Everyone one of the individuals from the Law enforcement and any doctor that took part should be fired on the spot. I hope he gets several more $ Millions from the hospital and Doctors personally.
Did he get the results of the colonoscopy? If there were any polyps, were they removed? Did he ask? Does this raise the cost of the average colonoscopy in the US?
I realize this may seem heartless, but it is quite possible that Eckart was tallying up the proceeds from his lawsuit(s) while undergoing these violations. There is no mention of him resisting, demanding a lawyer, to be charged, etc, etc. The question then is, ‘What is a reasonable recompense for this experience?’ and if one had the choice, that is to say, if one could put themselves in this situation, ‘Would you do it?’
I thought we lived in America. What happened to America?
I don’t know which “book” Chief Gigante draws his procedures from but it isn’t one a professional law enforcement agency in this country uses. Gestapo maybe.
The attitude of Chief Gigante seems to me more like CYA, denial, and face more than justice. Well, now that the locals don’t seem to be interested in this victim’s civil rights, perhaps they would be willing to endure an investigation by the FBI.
What is shocking is the number of people who seem to accept police abuse as “normal”.
The Million Dollar (and counting) Rape.
Contemplating a move to the United States. For that amount of money I’ll let anybody search me for a whole day and make my day, ehh life.
Sickos with a checkbook spending the taxpayers money on police porn.