Stupidity to go all around on this one.

[Purple Sage]

Remind me to go to the bathroom prior to leaving Walmart and not to roll one of their stop signs when I do leave in Demming, NM.

http://www.kob.com/article/stories/S3209305.shtml#.UnloUKUw1eV

The incident began January 2, 2013 after David Eckert finished shopping at the Wal-Mart in Deming.  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.  
    
Eckert's attorney, Shannon Kennedy, said in an interview with KOB that after law enforcement asked him to step out of the vehicle, he appeared to be clenching his buttocks.  Law enforcement thought that was probable cause to suspect that Eckert was hiding narcotics in his anal cavity.  While officers detained Eckert, they secured a search warrant from a judge that allowed for an anal cavity search.
 
The lawsuit claims that Deming Police tried taking Eckert to an emergency room in Deming, but a doctor there refused to perform the anal cavity search citing it was "unethical."
But physicians at the Gila Regional Medical Center in Silver City agreed to perform the procedure and a few hours later, Eckert was admitted.

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.

Since this is an "On Your Side" article, I have no idea if it is true.  It is pretty darned unbelievable.  If it does indeed turn out to be true and as the guy's attorney says, the guy got an early taste of Obamacare.  Gila Regional Medical Center will be paying through the nose on this one.  Wasn't there anybody at that hospital that had sense enough to check the warrant?  

[wasp69]

What a bunch of assholes.

[JohnnyReb]

What a bunch of assholes.

NO, just one asshole, but a crowd of people wanting to play with it.

[Purple Sage]

The Daily Caller is reporting on this too.  http://dailycaller.com/2013/11/05/horror-police-force-man-to-undergo-invasive-anal-surgery/

Adding insult to injury, the hospital stuck Eckert with the bill, and has threatened to take him to court to pay it.

Read more: http://dailycaller.com/2013/11/05/horror-police-force-man-to-undergo-invasive-anal-surgery/#ixzz2joqI8V55

Damn.  Just damn.  I can't believe the hospital sent him the bill!  They must be out of their minds.

[NHSparky]

Meh. Shit happens.

[Purple Sage]

It's going to hit the fan when the jury hears they made him pay for all that happening, I suspect.  The taxpayers will get stuck with the bill since it's a county hospital.

[thundley4]

It's going to hit the fan when the jury hears they made him pay for all that happening, I suspect.  The taxpayers will get stuck with the bill since it's a county hospital.

Either the cops, the city or the hospital pays. Any way about it the tax payer loses.

[Purple Sage]

Either the cops, the city or the hospital pays. Any way about it the tax payer loses.

All the above.   

[Purple Sage]

The plot thickens…

http://www.kob.com/article/stories/S3210356.shtml?cat=500#.UnnkhqUw1eU

Our investigation reveals another chapter. Another man, another minor traffic violation, another incident with Leo the K-9 and another example of the violation of a man's body.

Police reports state deputies stopped Timothy Young because he turned without putting his blinker on.

Again, Leo the K-9 alerts on Young's seat.

Young is taken to the Gila Regional Medical Center in Silver City, and just like Eckert, he's subjected to medical procedures including x-rays of his stomach and an anal exam.

Again, police found nothing, and again the procedures were done without consent, and in a county not covered by the search warrant.

I am at a loss for words.  

[obumazombie]

The heartbreak of defective dog buttsniffing.

[Purple Sage]

I  suspect there are going to be lots of male San Fran tourists flocking into Demming over the course of the next few months rolling stop signs at the Walmart and making turns without using their blinkers.

[liana]

Remind me to go to the bathroom prior to leaving Walmart and not to roll one of their stop signs when I do leave in Demming, NM.

http://www.kob.com/article/stories/S3209305.shtml#.UnloUKUw1eV

Since this is an "On Your Side" article, I have no idea if it is true.  It is pretty darned unbelievable.  If it does indeed turn out to be true and as the guy's attorney says, the guy got an early taste of Obamacare.  Gila Regional Medical Center will be paying through the nose on this one.  Wasn't there anybody at that hospital that had sense enough to check the warrant?  

I doubt its true because indeed they would need a warrant for such invasive procedures.

[thundley4]

I doubt its true because indeed they would need a warrant for such invasive procedures.

While officers detained Eckert, they secured a search warrant from a judge that allowed for an anal cavity search. 

They had one.

[Alpha Mare]

Again.

It may sound nearly identical to David Eckert’s nightmarish story as reported by TheBlaze Tuesday, but this is an entirely different incident.

It does, however, involve the same uncertified drug-sniffing dog in New Mexico. The dog’s name is Leo.

http://www.theblaze.com/stories/2013/11/06/another-minor-traffic-stop-in-new-mexico-another-serious-violation-of-a-mans-body-same-exact-police-dog/

[Purple Sage]

To make matters worse, Eckert’s attorneys say their client was sent a $6,000 bill for the medical procedures he underwent involuntarily.

It’s unknown if Young was sent a similar bill.

$6000 for them to get their jollies.  I say this because, for the life of me, I can't think of any other reason to subject the man to such prolonged humiliation.  I'm unqualified, but I'd think the X-Rays and the initial digital exam should have satisfied them that the guy was clean if they truly believed this guy had drugs.  Surgery?  Are you kidding me?  All the risks imposed with surgery to check for drugs that 2 X-Rays, 2 digital exams, and THREE enemas yielded nothing?

Possibly Hidalgo County has had some serious problems with drugs resulting in death and mayhem causing them to behave in such an aggressive manner.  Still… I can't help but think if it was my husband or son passing through there and such a thing was done to them, I'd be livid and desirous of a blood-letting.  Frankly, I'm amazed that neither of the guys got an assault charge added because I would have completely lost it if it had been me.  Then have the nerve to send me the bill for it?   

[obumazombie]

All of the invasive procedures (including x-rays) that the victim refused to agree to were highly unethical, ammoral, and quite possibly illegal. This guy should own the clinic where the procedures took place against his will, and the police force along with the judge who signed the warrant should be fired.

[Delmar]

$6000 for them to get their jollies.  I say this because, for the life of me, I can't think of any other reason to subject the man to such prolonged humiliation.  I'm unqualified, but I'd think the X-Rays and the initial digital exam should have satisfied them that the guy was clean if they truly believed this guy had drugs.  Surgery?  Are you kidding me?  All the risks imposed with surgery to check for drugs that 2 X-Rays, 2 digital exams, and THREE enemas yielded nothing?

Possibly Hidalgo County has had some serious problems with drugs resulting in death and mayhem causing them to behave in such an aggressive manner.  Still… I can't help but think if it was my husband or son passing through there and such a thing was done to them, I'd be livid and desirous of a blood-letting.  Frankly, I'm amazed that neither of the guys got an assault charge added because I would have completely lost it if it had been me.  Then have the nerve to send me the bill for it?   

 David Eckert must not have shown the officers the respect that they felt they deserve.  They spent two months at the police academy, they have earned the right to spend the rest of their working lives looking down their noses at ordinary citizens.

[Chris_]

NM 'anal probe' police lawsuit settled

According to attorneys for David Eckert, Hidalgo County and the city of Deming recently settled their portion of a lawsuit for a total of $1.6 million.

Associated Press

I wish there was a better headline, but there isn't.

[thundley4]

Associated Press

I wish there was a better headline, but there isn't.

"He feels relieved that this part is over and believes this litigation might make sure this doesn't happen to anyone else."

Wasn't he relieved after the enemas?   

[Jmartin]

Associated Press

I wish there was a better headline, but there isn't.

1.6 million? That's it? Shoot I would have owned the whole county if that happened to me. Such an outrageous violation of your constitutional rights, and you wimp out for 1.6 million. Should have rode that wave all the way to the state supreme court if you had too. Now it will just be swept under rug, and some other poor bastard will have to go through this.

[Wineslob]

Obamacare strikes again.

[DumbAss Tanker]

1.6 million? That's it? Shoot I would have owned the whole county if that happened to me. Such an outrageous violation of your constitutional rights, and you wimp out for 1.6 million. Should have rode that wave all the way to the state supreme court if you had too. Now it will just be swept under rug, and some other poor bastard will have to go through this.

Yeah, they got off very easy.  Sounds like the medical facilities that went along with that warrant aren't off the hook yet, though.

[DefiantSix]

Yeah, they got off very easy.  Sounds like the medical facilities that went along with that warrant aren't off the hook yet, though.

As one who would know, are awards from lawsuits taxable?

[DumbAss Tanker]

As one who would know, are awards from lawsuits taxable?

Compensation for actual physical or psychological damages no, punitive damages or contractual damages for lost profits, yes.  "Pain and suffering" are considered compensatory damages, normally.  This case was settled, and therefor a court hasn't directly characterized what the nature of this money would be, I'm sure his attorney took some pains in drafting the agreement to address that point.

[DefiantSix]

Compensation for actual physical or psychological damages no, punitive damages or contractual damages for lost profits, yes.  "Pain and suffering" are considered compensatory damages, normally.  This case was settled, and therefor a court hasn't directly characterized what the nature of this money would be, I'm sure his attorney took some pains in drafting the agreement to address that point.

So, would it be unrealistic to expect that of 100% of that $1.6 million, this guy can expect his attorney's fees to sap anywhere from 25% - 40% of that total, and if the judgement/settlement exposes it to taxation, another 35% - 45% are sucked out of the pot by state and federal revenue agencies, leaving him - potentially - with as little as 15% ($240,000) of that $1.6 million figure?