4 On Your Side investigates traffic stop nightmare
Source: KOB4 Eyewitness News
According to a federal lawsuit, Eckert didn't make a complete stop at a stop sign coming out of the parking lot and was immediately stopped by law enforcement.
---snip---
While there, Eckert was subjected to repeated and humiliating forced medical procedures. A review of Eckert's medical records, which he released to KOB, and details in the lawsuit show the following happened:
1. Eckert's abdominal area was x-rayed; no narcotics were found.
2. Doctors then performed an exam of Eckert's anus with their fingers; no narcotics were found.
3. Doctors performed a second exam of Eckert's anus with their fingers; no narcotics were found.
4. Doctors penetrated Eckert's anus to insert an enema. Eckert was forced to defecate in front of doctors and police officers. Eckert watched as doctors searched his stool. No narcotics were found.
5. Doctors penetrated Eckert's anus to insert an enema a second time. Eckert was forced to defecate in front of doctors and police officers. Eckert watched as doctors searched his stool. No narcotics were found.
6. Doctors penetrated Eckert's anus to insert an enema a third time. Eckert was forced to defecate in front of doctors and police officers. Eckert watched as doctors searched his stool. No narcotics were found.
7. Doctors then x-rayed Eckert again; no narcotics were found.
8. Doctors prepared Eckert for surgery, sedated him, and then performed a colonoscopy where a scope with a camera was inserted into Eckert's anus, rectum, colon, and large intestines. No narcotics were found.
Read more: http://www.kob.com/article/stories/S3209305.shtml?cat=500#.UnlKt6zLc8b
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Warpy
(114,360 posts)Cops were likely following him around in the name of their holy war on drugs. Deming is down south in the Republican part of the state, which has a lot to do with why law'n order cops are over the top a lot of the time.
I don't care if they suspected he was carrying a WMD for al Qaeda. That first X-ray should have been the end of the examination.
tblue
(16,350 posts)even if it really, really, really ought to be. I just think of Trayvon and realize I just don't know what justice really means anymore.
msanthrope
(37,549 posts)
Xithras
(16,191 posts)Any doctor will tell you that performing a medical procedure on a patient against their will is criminal assault. It's a felony and doctors have gone to prison for doing this sort of thing before. The fact that the warrants weren't valid means they have absolutely no legal cover. They're screwed. Even if the individual doctors escape prosecution, it's hard to see how they will hold onto their medical licenses...this is a career ending fuckup.
I predict that the hospital will soon be asking the guy a simple question, "How many zeroes would you like on that check?"
I'd also expect (in fact, I'd be 99% certain) that the hospital will be suing the police department pretty soon as well. If the officers falsely indicated that they had a warrant or that the activity was legal, they can be held legally responsible by the hospital for any damages they suffered. That city is going to be in a world of financial hurt.
pnwmom
(110,172 posts)it was conducted in a different county than the warrant -- that's a big no no.
And the warrant specifically limited the time period when it was in effect -- and they did most of the procedures after the time had expired.
This looks like an open and shut case to me.
Spitfire of ATJ
(32,723 posts)
levp
(188 posts)From the source:
warrant was only valid in Luna County, where Deming is located. The Gila Regional Medical Center is in Grant County. That means all of the medical procedures were performed illegally and the doctors who performed the procedures did so with no legal basis and no consent from the patient.
In addition, even if the search warrant was executed in the correct New Mexico county, the warrant expired at 10 p.m. Medical records show the prepping for the colonoscopy started at 1 a.m. the following day, three hours after the warrant expired.
Spitfire of ATJ
(32,723 posts)pnwmom
(110,172 posts)
safeinOhio
(36,835 posts)There is just too much low hanging fruit.
SkyDaddy7
(6,045 posts)Cops can do almost anything they want without fear of losing their job or money...The same goes for the agency they won't have to pay a dime ether. A judge will throw out any lawsuit filed if just to protect the police like almost all judges do.
tblue
(16,350 posts)Awful. Remember that 14 year old girl who got strip searched? I think she lost her case. I should really google that.
msanthrope
(37,549 posts)From all parties.
juajen
(8,515 posts)msanthrope
(37,549 posts)at a jury. They don't want a federal court opinion. They don't want an appellate opinion.
This is a runaway choo-choo. You want to make this go away. You could get a jury who decides that 10 million per probe per defendant is fair.
jberryhill
(62,444 posts)"Police do outrageous thing" is a common trope here at DU, but the legal consequences seldom get as much coverage. One of the reasons for that is settlements are often confidential. If the searches had been conducted in the county where the warrant was valid, the defense would have something to work with. But the defendants here are so royally screwn, the insurers are going to be looking for the exits toot suite.
hughee99
(16,113 posts)I think he'll definitely get money from the hospital which performed the procedures with neither consent or any legal justification. The hospital is BILLING him for the procedures that he didn't consent to. If he has insurance, his insurance company will probably encourage him to sue. I suspect even a judge is going to have a hard time absolving the officers, the locality and the county when they explicitly took the person OUT of the jurisdiction the warrant applied to and continued holding him (and subjecting him to medical procedures) LONG after the warrant had expired.
I think the town will offer to settle EARLY in this, I'm just not sure the victim will be willing to settle.
pnwmom
(110,172 posts)This will get taken very seriously.
Drum
(10,554 posts)
levp
(188 posts)IMO, the worst actors in this story are the doctors - Robert Wilcox, M.D and Okay Odocha, M.D.
Medically unnecessary surgical procedures without court order and patient's consent?!
I hope they lose their jobs (and medical licenses)...
KamaAina
(78,249 posts)which is why, as you point out upthread, they had to take him to another county, thereby voiding the warrant.
jsr
(7,712 posts)
frylock
(34,825 posts)civil restitution and revocation of medical license.
florida08
(4,106 posts)was just talking about this on his show. The Police State is here. I wonder about the judge he gets. This will be watched closely. Thanks for posting. I tweeted and emailed.
WHEN CRABS ROAR
(3,813 posts)But it didn't just arrive, it's been here for some time now.
bluesbassman
(20,371 posts)He probably had to go! 
I hope Mr. Eckert becomes a wealthy man from this incident. 
Paolo123
(297 posts)
truedelphi
(32,324 posts)but I'm LOL.
Daemonaquila
(1,712 posts)So why am I laughing? Damn it.
Kelvin Mace
(17,469 posts)However, criminal charges should be filed against all involved, anyone who touched him.
msanthrope
(37,549 posts)Kelvin Mace
(17,469 posts)the charge was aggravated assault. I think this one meets the definition of rape.
juajen
(8,515 posts)BlueJazz
(25,348 posts)Then I realized even the Cops on Breaking Bad were not THAT shitty. (excuse the pun)
greiner3
(5,214 posts)frylock
(34,825 posts)hope every one of them involved is reviewed and has their medical licenses revoked.
dembotoz
(16,922 posts)Daemonaquila
(1,712 posts)The method may not become popular, though.
Brigid
(17,621 posts)The hospital is trying to bill this poor guy.
dipsydoodle
(42,239 posts)Just fuck. 
Kelvin Mace
(17,469 posts)and the doctor.
Aggravated sexual assault, rape, false imprisonment, abuse under color of authority would be a good place to start.
Then there is the matter of malpractice.
Response to Kelvin Mace (Reply #20)
Name removed Message auto-removed
Kelvin Mace
(17,469 posts)A scatalogical joke about one of the worst civil rights abuses in this decade?
In_The_Wind
(72,300 posts)
DFW
(59,674 posts)Than I see no reason for Eric Holder.
If this is not a violation of civil rights to the nth degree, I don't know what is.
In addition, the cops and the doctors at the clinic need to be locked away for about 20 to life, all pensions and licenses to do anything other than shovel manure taken away as of yesterday.
The clinic, if it continues to try to bill the victim for the procedures, needs its management arrested for extortion and attempted robbery.
And the United States of America needs to ponder, on a national level, how many more of these episodes need to happen before international damage to our reputation is being done. Washington needs to make it clear to local law enforcement that this kind of action lands the perpetrators in prison for a long, long, time.
Response to DFW (Reply #24)
damnedifIknow This message was self-deleted by its author.
hughee99
(16,113 posts)until after this guy has had his day in state court, though honestly, I'm not sure he'd get involved anyway. I agree that he should, even if it's AFTER the state finishes with the case.
madaboutharry
(42,025 posts)along with the hospital. That part of the law suit will likely be settled for a large sum.
WCLinolVir
(951 posts)This guy was assaulted. I so hope someone loses a medical license and cops lose their jobs. And the victim gets a bundle of dough.
A Simple Game
(9,214 posts)Other than that they would have had a lot of cleaning up to do, I always have a hard time staying on a bed pan, or whatever they used for collection. They would have paid for their decision to break the law, both then and latter.
juajen
(8,515 posts)to clean out the bowels. I wonder if they did that?
goldent
(1,582 posts)For cancer screening, you need to be cleaned out for the doctor to see the walls very clearly, to see small polyps. It's not so hard to see a bag of narcotics.
uppityperson
(115,992 posts)To make matters worse, the search warrant expired at 10 p.m. while doctors didn’t even begin prepping Eckert for the colonoscopy until 1 a.m. the next morning, when the warrant had been expired for hours.
The hospital even billed Eckert for the procedures and is threatening to take him to collections if he doesn’t pay.
Brigid
(17,621 posts)If they take him to court, they are going to have all kinds of fun explaining all this to a judge. Not to mention this man's countersuit.
1monster
(11,045 posts)would be responsible for any medical procedures done.
lolly
(3,248 posts)I suspect within the next few days we'll find out that there is some sort of personal animus here.
Either that, or the police are really, really corrupt and are performing enforcer-type activities for pay.
Sounds like they were following this guy, looking for an excuse to bust him and assault him.
LTR
(13,227 posts)An the incident occurred in January. I have no doubt this happened and I hope Eckert becomes a very rich man when this is over.
lolly
(3,248 posts)I'm just saying that it sounds like it wasn't random--somebody had it in for this guy.
Sienna86
(2,153 posts)Doctors needs to lose their licenses too practice. Major lawsuits against medical and police personnel, hospitals, OMG!
msanthrope
(37,549 posts)LTR
(13,227 posts)Must have gotten tired of deleting comments.
Incitatus
(5,317 posts)Regarding Problem Resolution
You have the right to express your concerns about patient care safety to hospital personnel and/or management. Please contact our Patient Advocate at (575) 538-4026 or klane@grmc.org. Contact the Administration office at (575) 538-4098, by Fax at (575) 538-9714 or by mail at:
Gila Regional Medical Center
Attention: Administration
1313 E. 32nd Street
Silver City, New Mexico 88061
If your concerns and questions can not be resolved at this level, contact The Joint Commission at 1 (800) 994-6610, by Fax at (630) 792-5636, by e-mail at complaint@jointcommission.org, or by mail at:
JohninPA
(54 posts)Google reviews are hilarious! I made the mistake of reading this before bed last evening. That was a mistake, I was too upset to sleep.
jsr
(7,712 posts)Ever.
Ash_F
(5,861 posts)Come on! He was only anally penetrated six times! You can think of something!
msanthrope
(37,549 posts)Ash_F
(5,861 posts)msanthrope
(37,549 posts)Ash_F
(5,861 posts)This one is so embarrassing they won't pipe up.
U4ikLefty
(4,012 posts)
DJ13
(23,671 posts)
7wo7rees
(5,128 posts)
Inkfreak
(1,695 posts)It makes me ill thinking this shit happens.
Incitatus
(5,317 posts)Okay H Odocha M.D.
2600 North Silver Street
Silver City, NM 88061
View Profile
(575) 388-3175
General Surgery (Board Certified)
http://www.grmc.org/Doctor-Directory/Search-Results.aspx?Name=Wilcox
Robert M Wilcox M.D.
1313 E. 32nd St.
Silver City, NM 88061
View Profile
(575) 538-4050
Emergency Medicine
In_The_Wind
(72,300 posts) 
Amaya
(4,560 posts)And threaten to take him to collections!
What the actual fuck! What? 
Judi Lynn
(164,041 posts)Another New Mexico man forced to undergo humiliating medical procedures in drug investigation
By Travis Gettys
Wednesday, November 6, 2013 14:56 EST
At least one other man in New Mexico was forced to undergo invasive bodily searches for drugs after a traffic stop involving the same police dog and the same hospital.
KOB-TV reported that David Eckert had filed a lawsuit against the city of Deming, Gila Regional Medical Center, six law enforcement officers and two doctors after he claimed to have been subjected to anal probes, X-rays and a colonoscopy after officers suspected him of having drugs after he was pulled over.
However, no drugs were found after 14 hours and eight medical procedures that attorneys say violated the terms of a search warrant.
Another man, Timothy Young, told the TV station that he experienced a similar ordeal after he was stopped for turning without a proper signal.
More:
http://www.rawstory.com/rs/2013/11/06/another-new-mexico-man-forced-to-undergo-humiliating-medical-procedures-in-drug-investigation/
Judi Lynn
(164,041 posts)Mark Steyn: Better not to tense up around police
Published: Nov. 8, 2013 Updated: 12:19 p.m.
By MARK STEYN / Syndicated columnist
At a time when over 4 million people have had their health insurance cancelled, it’s good to know that some Americans can still access prompt medical treatment, even if they don’t want it. David Eckert was pulled over by police in Deming, New Mexico, for failing to come to a complete halt at a stop sign in the Walmart parking lot. He was asked to step out of the vehicle and waited on the sidewalk. Officers decided that they didn’t like the tight clench of his buttocks, a subject on which New Mexico’s constabulary is apparently expert, and determined that it was because he had illegal drugs secreted therein. So they arrested him, and took him to Gila Regional Medical Center in neighboring Hidalgo County, where Mr. Eckert was forced to undergo two abdominal X-rays, two rectal probes, three enemas, and defecate thrice in front of medical staff and representatives of two law enforcement agencies, before being sedated and subjected to a colonoscopy – all procedures performed against his will.
Alas, Mr. Eckert’s body proved to be a drug-free zone, and so, after 12 hours of detention, he was released. If you’re wondering where his lawyer was during all this, no attorney was present, as police had not charged Mr. Eckert with anything, so they’re apparently free to frolic and gambol up his rectum to their hearts’ content. Deming Police Chief Brandon Gigante says his officers did everything “by the book.” That’s the problem, in New Mexico and beyond: “the book.”
Getting into the spirit of things, Gila Regional Medical Center subsequently sent Mr. Eckert a bill for $6,000. It appears he had one of what the president calls those “bad apple” plans that doesn’t cover anal rape. Doubtless, under the new regime, Obamacare navigators will be happy to take a trip up your northwest passage free of charge. That’s what it is, by the way: anal rape. The euphemisms with which the state dignifies the process – “cavity search” – are distinctions that exist only in the mind of the perpetrator, not the fellow on the receiving end. Fleet Street’s Daily Mail reports that this is at least the second anal fishing expedition mounted by local authorities. Timothy Young underwent a similar experience after being fingered by the same police dog, Leo, who may not be very good at sniffing drugs but certainly has an eye for a pert bottom. At the time of Mr. Young’s arrest, Leo’s police license had reportedly expired a year-and-a-half earlier, but why get hung up on technicalities?
Messrs Eckert and Young may yet win their cases. But one notes that the Supreme Court has dramatically circumscribed Fourth Amendment protections against unreasonable search and seizure when it occurs at America’s border, and, post-9/11, the “border” has been redefined to mean anywhere within 100 miles of the actual frontier. Many European countries are not 100 miles wide in their entirety. A hundred-mile buffer zone from Belgium’s northern border, for example, would be well south of the southern border and deep into France. But Deming falls within the 100-mile Fourth Amendment-free zone, and so, I note, between the seacoast and the Quebec border, does the whole of my own state of New Hampshire. It would be prudent, perhaps, for Granite Staters to affect a loose-buttocked saunter when strolling around the White Mountains.
More:
http://www.ocregister.com/articles/police-536057-one-carey.html
libdem4life
(13,877 posts)by much less forgiving entities. Anyone who has been checked in for anything, especially surgery, in a hospital knows how many forms have to be signed...even just for testing.
I hope someone locally can keep us informed on this along the way. Short of being murdered or physically injured by "LEOs", this abject sexual humiliation and sadism has no equal.