Cops Subject Man To Rectal Searches, Enemas And A Colonoscopy In Futile Effort To Find Drugs They Swear He Was Hiding

from the a-vulgar-display-of-power dept

This post is going to be very short on commentary because the hideous abuse of justice has basically rendered me near speechless.

David Eckert, a resident of Deming, NM, was pulled over by police officers after failing to come to a complete stop at a stop sign. For whatever reason, the officers decided Eckert was hiding something, or perhaps they were unsatisfied that a routine stop hadn't blown up into something bigger.

They asked him to step out of the car and then searched his vehicle (without his consent). Another officer brought in a drug dog which reacted (a relatively worthless indication of anything -- drug dogs can easily be "alerted" by their controlling officers) to the driver's seat. (Eckert's lawyer calls into question this dog's training, presenting documents that claim to show it hadn't received the proper field training and recertification. See exhibits listed under docket item 27.) Then the officer "observed" that Eckert was standing "erect with his legs together" and his "buttocks clenched." This was all the justification the Deming police needed to subject Eckert to the following horrific chain of events at a hospital in neighboring Silver City.

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.
At no time did Eckert give his consent to these searches. The police did obtain a warrant to rectally search Eckert but that warrant itself was problematic. For one, it was severely lacking in probable cause. For another, it was valid only for Luna County but the searches were executed in Grant County. Third, the warrant was only valid for four hours, up until 10 pm that night. Eckert was held for 14 hours and, according to medical records, prep for the colonoscopy didn't even commence until 1 am the following day.

Why the venue shift? Because the doctor at the Deming hospital told officers the proposed search was "unethical." Drs. Robert Wilcox and Okay Odocha of the Gila Regional Medical Center apparently had no qualms about forcibly "searching" Eckert eight times.

There's more in Eckert's complaint, including the fact that the second x-ray was of his chest, an area completely unrelated to the region where he was supposedly "concealing drugs." In addition to what can be proven from medical records and police reports obtained by Eckert's attorney, there are additional allegations that the officers Chavez and Hernandez mocked him and made derogatory comments about his "compromised position." They also allegedly moved the privacy screen repeatedly to expose him to others in the hospital hallway. This verbal abuse apparently continued during Eckert's ride back to the Deming police station. Understandably, Eckert now claims to be "terrified to leave the house" and does so "infrequently."

There are many lawsuits filed where most details are alleged. This isn't one of them. Most of what's "alleged" by Eckert is documented by the routine paperwork that accompanies medical procedures and search warrants. And, to add insult to injury, KOB4's news team states that the Gila Regional Medical Center is billing Eckert for the invasive, non-consensual medical procedures and has threatened to take him to collections for non-payment.

The only question that remains is why no one involved on the "law" side ever thought that anything past the first step on the list above might be excessive. These officers, along with two shamefully compliant doctors, went as far as they could to humiliate and violate someone simply because they could -- in a collective effort that looks far more like making Eckert pay for the "crime" of making the cops look stupid than any sort of legitimate law enforcement effort.






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  1.  
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    Ninja (profile), Nov 6th, 2013 @ 4:14am

    This post is going to be very short on commentary because the hideous abuse of justice has basically rendered me near speechless.

    I share the feeling. I believe most readers will agree. These officers must be jailed and stripped of any authority. And the doctors should be severely punished too but I'm not sure how.

    I'm guessing people would rather be stopped by muggers now than interact with the police in the US, no? I know that feeling quite well unfortunately.

     

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  2.  
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    That One Guy (profile), Nov 6th, 2013 @ 5:22am

    To cops and those that defend them:

    This is a perfect example of why a growing number of people see the police force as a whole as no better(if not worse) than the criminals they are supposed to be around to deal with.

    You want to repair your rep with the people, even if a bit? Start calling, vocally, loudly, and most importantly publicly for criminal charges, jail time, and immediate firing(none of that 'paid vacation/suspension' crap, the facts are abundantly clear here) of those thugs/'officers' involved.

    Hide behind the infamous 'blue wall of silence, and stay silent on this case, and you do nothing more, and nothing less, than show why more and more of the public are coming to view the police force as no more than thugs with badges.

     

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  3.  
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    That One Guy (profile), Nov 6th, 2013 @ 5:31am

    Re:

    A mugger? He can rob you, maybe rough you up a bit, and if you honestly think your life is in danger, you can fight back to protect yourself.

    A cop though? He can rough you up, throw you in jail or ticket you on some trumped up charge, and if you think you're in danger and try and defend yourself you're likely to get tazed, pepper-sprayed, beaten, possibly shot, and then (assuming you survive)to add insult to injury you'll be charged with 'resisting arrest' and 'assaulting a police officer', likely leading to massive fines if not jail time.

    Yeah, I'd take a mugger over a cop any day, the mugger is far less of a threat.

    (And to those that inevitably will chime in with 'not all cops are like that', that's nice, but how are you supposed to know before your face eats asphalt that the cop you're dealing with is a sociopath, and what, other than hope you don't set them off somehow, are you supposed to do if the cop is a nutjob on a powertrip?)

     

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  4.  
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    Anonymous Coward, Nov 6th, 2013 @ 5:58am

    Repeated legal rape. Yay USA USA USA

     

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  5.  
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    Anonymous Coward, Nov 6th, 2013 @ 6:01am

    best of luck to this guy. what he has been subjected to is disgraceful. the officers concerned should be sacked and prosecuted individually. the police force they were employed by needs to be prosecuted for allowing officers to take these steps as does the court and the medical staff for condoning and aiding in the execution of the procedures.
    is it any wonder why the public has lost almost all it's respect for law and those who are supposed to act in it's name?

     

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    PaulT (profile), Nov 6th, 2013 @ 6:07am

    "The only question that remains is why no one involved on the "law" side ever thought that anything past the first step on the list above might be excessive."

    There's other questions in my mind, some along the lines of "was this the first time this kind of thing has happened in this county?" and "was this the first time they forgot to plant some evidence after they failed?". Not to mention "will the cops and physicians involved lose their jobs over such atrocious behaviour?", to which I sadly suspect the answer will be no.

    Kudos to the doctor who refused to participate, however.

     

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  7.  
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    Anonymous Coward, Nov 6th, 2013 @ 6:07am

    Now is this David Eckert guy an African American, Mexican, Asian or Caucasian?

     

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  8.  
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    Anonymous Coward, Nov 6th, 2013 @ 6:07am

    Lottery

    This guy is going to win the lottery and we the tax payers are going to pay dearly.

     

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  9.  
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    Anonymous Coward, Nov 6th, 2013 @ 6:09am

    Just wondering, who are the illiterate morons who wrote up the complaint complete with 'bowl' movements and claims that things were "'facially' inaccurate"

    I hope the person who respectfully submitted it just has someone who is really bad at english working for her.

     

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  10.  
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    Anonymous Coward, Nov 6th, 2013 @ 6:09am

    Re:

    And the doctors should be severely punished too but I'm not sure how.


    The doctors should lose their license to practice medicine. I'm not sure if this meets the technical definition for malpractice, but it is definitely a gross ethicial violation, and a violation of their oath to do no harm. They also need a round of huge fines on both the hospital, and the doctors involved, as well as that ridiculous attempt to collect payment for the procedures nullified.

     

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  11.  
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    S. T. Stone, Nov 6th, 2013 @ 6:13am

    Re:

    I'm fairly certain his racial/ethnic profile matters little in a case where he was subjected to invasive medical procedures against his will (and without probable cause) by the police and two doctors willing to comply with said police.

    Everyone who had a hand in this man's trauma deserves jail time, bankruptcy, and whatever other punishments they deserve.

     

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  12.  
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    Trails (profile), Nov 6th, 2013 @ 6:15am

    Re: Lottery

    I bet he doesn't see it that way.

     

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  13.  
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    Anonymous Coward, Nov 6th, 2013 @ 6:15am

    This guy is going to be very rich and have free healthcare for life.
    So many people should be fired over this, all the cops involved, the judge who issued the warrant. The hospital administration which allowed this to happen in their facility, along with the doctors who performed these procedures.
    As egregious as this was I would think that the Feds might get involved too.

     

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  14.  
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    Rikuo (profile), Nov 6th, 2013 @ 6:20am

    Re:

    I echo that. It reminds me of another case
    https://www.youtube.com/watch?v=bFy8sW9KgOg
    Cops picked up a man on a DUI, then proceeded to leave him in solitary confinement for years. He got $15 million.

     

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  15.  
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    Anonymous Coward, Nov 6th, 2013 @ 6:23am

    Get a Jury

    and go to trial, I cant even imagine what he could be awarded for this abuse, no amount of money seems out of line.

     

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  16.  
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    Prashanth (profile), Nov 6th, 2013 @ 6:24am

    Good news for colons

    Bad news: cops like these are seriously overstepping their powers, eroding people's freedoms more and more every day.
    Good news: colon cancer may soon be history!

     

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  17.  
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    Anonymous Coward, Nov 6th, 2013 @ 6:27am

    This problem starts at the very top, with a DOJ who use every tactic possible to gain an admission of guilt to what they think a person is guilty of. Until the attitude is changed from the top down, the type of person who stays in the police is likely to be someone on a power trip, as the DOJ is teaching that gaining a conviction is more important than any actual justice.

     

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  18.  
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    PaulT (profile), Nov 6th, 2013 @ 6:30am

    Re: Re:

    His racial background *shouldn't* matter. But in answer to the question of why these people committed such unethical acts upon an innocent person would be neatly answered if he's black and they're racist small town morons.

    Otherwise, we're left with a real puzzle as to why these people were so convinced that the guy had drugs, despite all evidence to the contrary, that they'd commit such unethical (and, I would hope, illegal) actions. "He's black so he must be guilty because we're racist assholes" would neatly answer this question.

     

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  19.  
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    OldMugwump (profile), Nov 6th, 2013 @ 6:35am

    Re: Lottery

    As we the taxpayers should for the crime of electing politicians who permit and support this kind of legalized terrorism.

     

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  20.  
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    Anonymous Coward, Nov 6th, 2013 @ 6:36am

    "And, to add insult to injury, KOB4's news team states that the Gila Regional Medical Center is billing Eckert for the invasive, non-consensual medical procedures and has threatened to take him to collections for non-payment."

    How is this NOT covered by law enforcement? You forced someone to undergo an invasive medical procedure so you could collect evidence against them to use in court, and now you're charging THEM for the bill?

    That's like the cops grabbing a sample of your DNA to see if you're the killer in a crime they're investigating, and then charging you $10,000 for a lab to do that work because the DNA wasn't a match so they couldn't have the prosecutor pay for it.

     

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  21.  
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    Rikuo (profile), Nov 6th, 2013 @ 6:38am

    I'm left wondering why none of the cops thought to plant drugs on him. After all, they had literally every opportunity, and if they had done so, they could have paraded around like heroes. There then wouldn't have been this big of an outcry over what is essentially government sanctioned anal rape (someone PLEASE PLEASE PLEASE play devil's advocate and try to convince me this isn't government sanctioned anal rape)

     

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  22.  
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    Anonymous Coward, Nov 6th, 2013 @ 6:40am

    Re:

    there's nothing legal about this

     

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  23.  
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    Anonymous Coward, Nov 6th, 2013 @ 6:47am

    Re:

    Christ no, not taking that challenge. Poor bastard is going to be traumatised for a LONG time.

     

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  24.  
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    Anonymous Coward, Nov 6th, 2013 @ 6:49am

    Riyadh is a scary place. What's that? Deming, MN? Well then, I guess the bill of rights IS dead, after all. If those police aren't behind bars, we should all hang our heads in shame.

     

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  25.  
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    xenomancer (profile), Nov 6th, 2013 @ 6:50am

    A Vulgar Display of Power

    Suddenly that Pantera album makes too much sense.

     

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  26.  
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    kenichi tanaka (profile), Nov 6th, 2013 @ 6:50am

    It's one thing to get a search warrant but to charge a suspect for a medical procedure that the police department implemented? That's like a gas station filling up your gas tank without your permission and then expecting you to pay for the gas.

    Oh, there is definitely going to be a major lawsuit filed over this oone and I suspect that he's also going to sue the hospital for daring to charge him for a medical procedure that he didn't even agree to.

     

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  27.  
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    Anonymous Coward, Nov 6th, 2013 @ 6:53am

    You think the Rectal Searches, Enemas And A Colonoscopy are bad?
    You should see what they did to the driver's seat.

     

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  28.  
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    dave blevins (profile), Nov 6th, 2013 @ 6:53am

    Jury Trial on damages

    I want to be on that jury.

     

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  29.  
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    DannyB (profile), Nov 6th, 2013 @ 6:59am

    Re:

    > Repeated legal rape. Yay USA USA USA

    Rape can only be committed by a person. In the USA, by definition a person means a corporation, but can also be construed to mean a natural human being.

    But a person cannot be a government, state or local jurisdiction. At least not without congressional action. And that does not happen without palms being greased.

    And as for the police being jailed, they can always say: bu, bu, but . . . I was just following orders. (Or zero tolerance policy, or whatever)

     

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  30.  
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    Anonymous Coward, Nov 6th, 2013 @ 6:59am

    Re: Re:

    "I'm fairly certain his racial/ethnic profile matters little in a case where he was subjected to invasive medical procedures against his will (and without probable cause) by the police and two doctors willing to comply with said police."

    He was probably a different ethnicity than the police officers...

     

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  31.  
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    Anonymous Coward, Nov 6th, 2013 @ 7:07am

    Hang Them

    Every one of those cops and doctors should hang from the neck until they are dead, in the public square.

     

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  32.  
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    Anonymous Coward, Nov 6th, 2013 @ 7:12am

    Re:

    There was likely less opportunity than you think. They would not have had drugs handy for planting to start with. Then they searched the car and that turned up nothing. Leaving it basically too late to plant drugs there. They couldn't really plant them later after getting a court order to anally rape him on the basis of "We couldn't find drugs in his car, but we think he stashed them up his butt." that would be a discrepancy just begging to be brought up in court under claims the police planted the evidence. Then once they were at the hospital, the doctors were documenting everything, and watching as well, so they couldn't really plant anything then, and probably didn't have a chance to pick up some drugs to plant anyways.

    Really, their big mistake was insisting on multiple anal rape instead of settling for an x-ray, and taking his pants for "testing". Take the pants, spill a little crack in a back pocket, done. Evidence planted that could plausibly be missed during a routine search.

     

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  33.  
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    Anonymous Coward, Nov 6th, 2013 @ 7:15am

    Re: Re:

    And as for the police being jailed, they can always say: bu, bu, but . . . I was just following orders. (Or zero tolerance policy, or whatever)

    That is not a valid defence, as supported by the USA at the Nuremberg Trials, where similar and worse offences were tried.

     

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    That One Guy (profile), Nov 6th, 2013 @ 7:16am

    Re: Jury Trial on damages

    What I really would want to see is the officers and doctors being held personally responsible here, so any financial awards hit those responsible directly, rather than just come out of public funds.

    If it bankrupts those involved, tough, it's far less than they'd deserve for such heinous actions.

     

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  35.  
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    DannyB (profile), Nov 6th, 2013 @ 7:16am

    Re: Re: Re:

    Yes. I know that. That's why I pointed it out. :-)

    And corporations are people too.

    As for the multiple rapes, since the government did it, nobody will get in any trouble. After all . . . terrorists! Narcotics! Think of the children!

     

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  36.  
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    Anonymous Coward, Nov 6th, 2013 @ 7:25am

    judgeI don't see nearly enough comments ridiculing the judge along witH the officers

     

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  37.  
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    Anonymous Coward, Nov 6th, 2013 @ 7:29am

    Re:

    My thinking as well. He should never have to work again, that is least if lawyers don't take most of it. As for people being fired, that is ridiculous. These people need to be indicted and tried over this. Simply firing them is no where near enough.

     

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  38.  
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    Jasmine Charter, Nov 6th, 2013 @ 7:29am

    And this is why...

    And this is why people have no respect for law enforcement. These officers should be terminated, tarred and feathered and locked in stocks in the public square.

    AFTER they are subjected to the same treatment they gave the poor dude.

     

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  39.  
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    Anonymous Coward, Nov 6th, 2013 @ 7:30am

    Re: Re:

    It makes me ill to think that *any* doctor would go along with this, whatever the circumstances were.

    I applaud the doctor at the Demming hospital for having the guts to say no to these animals.

    Doctors take an oath, an oath to do no harm. This is an egregious violation of that oath. Its the very definition of unethical, doctors have been sued and lost their licenses over less. I hope the same happens here.

     

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  40.  
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    Bob, Nov 6th, 2013 @ 7:31am

    Re:

    I guess not all cops are bad, but I do agree, at least you have the legal right to fight back against a mugger.

     

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  41.  
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    Anonymous Coward, Nov 6th, 2013 @ 7:33am

    Jesus Fucking Christ!

    Those assholes need to be fired, arrested, tried, and anally probed by Dr. Fatty McThickfinger.

     

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  42.  
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    Anonymous Coward, Nov 6th, 2013 @ 7:34am

    Re: A Vulgar Display of Power

    I was thinking of the line from the Exorcist:

    Father Damien Karras: If you're the Devil, why not make the straps disappear?

    Demon: That's much too vulgar a display of power, Karras.

     

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  43.  
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    Anonymous Coward, Nov 6th, 2013 @ 7:38am

    Re:

    But gas is actually useful. Enema are not, colonoscopy's are only useful if you have a legitimate medical issue to look into.

    Also, I don't know about colonoscopy's, but enema's are VERY unpleasant. I was unfortunate enough to need a few for valid medical reasons a few years ago during a long hospital stay.

    While some give themselves enemas as part of sex play, I don't see why anyone would ever want to. As I said before, the enemas I had in the hospital were a very unpleasant experience, even with a young and beautiful nurse doing it to me, a single 20 something guy.

     

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    Pixelation, Nov 6th, 2013 @ 7:38am

    I read the article thinking it must be made up and a retraction will be coming.

    I guess the police are trying to compete with the NSA.

     

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  45.  
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    Anonymous Coward, Nov 6th, 2013 @ 7:48am

    Re: Re:

    Besides if they were going to do that anyway, why not simply plant it in the car when they stopped him and save themselves all the trouble of going to these procedures. Then again maybe these officers were closet fecalphiliacs. After all they did choose to do the enema procedure multiple times so that they could go through his stool.

     

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  46.  
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    Anonymous Coward, Nov 6th, 2013 @ 7:49am

    Re: Re:

    Sure they had a chance, they knocked the guy out to perform a colonoscopy.

    Perfect chance to slip a little bag of crack up there...

    Seriously, if the doctors were unethical enough to go this far, they certainly could have been complicit in that as well.

    And then they had the gall to bill the guy for this...

     

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  47.  
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    Crusty the Ex-Clown, Nov 6th, 2013 @ 7:49am

    Obligatory Monty Python reference:

    Sir Bedevere: There are ways of telling whether she is a witch.
    ---Are there? Oh well, tell us.
    Sir Bedevere: Tell me. What do you do with witches?
    --Burn them.
    Sir Bedevere: And what do you burn, apart from witches?
    --More witches.
    --Wood.
    Sir Bedevere: Good. Now, why do witches burn?
    --...because they're made of... wood?
    Sir Bedevere: Good. So how do you tell whether she is made of wood?
    --Build a bridge out of her.
    Sir Bedevere: But can you not also build bridges out of stone?
    --Oh yeah.
    Sir Bedevere: Does wood sink in water?
    --No, no, it floats!... It floats! Throw her into the pond!
    Sir Bedevere: No, no. What else floats in water?
    --Bread.
    --Apples.
    --Very small rocks.
    --Cider.
    --Gravy.
    --Cherries.
    --Mud.
    --Churches.
    --Lead! Lead!
    --A Duck.
    Sir Bedevere: ...Exactly. So, logically...
    --If she weighed the same as a duck... she's made of wood.
    Sir Bedevere: And therefore...
    ...A witch!

     

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  48.  
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    Anonymous Coward, Nov 6th, 2013 @ 7:51am

    So long as police departments continue to both hold a State enforced monopoly on so called "law enforcement" and more importantly, to be funded via State extortion backed by force/aggression/violence or threat thereof (euphemistically known as "taxation"), psychopathic officers will have little incentive to change their ways, as they get paid no matter what. The individuals being extorted from are unable to take their business elsewhere.

    Complex social issues cannot be solved through force/aggression/violence (or threat thereof). It always makes matters worse in the long run.

    I prefer consensual relationships and voluntary exchange.

     

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  49.  
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    PaulT (profile), Nov 6th, 2013 @ 7:57am

    Re: Re:

    "But gas is actually useful. Enema are not"

    "was unfortunate enough to need a few for valid medical reasons a few years ago"

    Erm, I get your point but if they're required for valid medical reasons then they are useful, however unpleasant.

    As for why people would want to do it, people do all sorts of unpleasant crap if they're into that specific thing, *especially* for sexual reasons...

     

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  50.  
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    Mr. Pond, Nov 6th, 2013 @ 7:58am

    WTF???

    So this poor man was forcibly subjected to 8 rectal searches, numerous enemas and an x-ray, all without his permission, and at NO POINT did anyone involved think that they should stop? That ANYTHING they were doing was fucking wrong??!?!

    Not entirely surprised that two cops felt that they couldn't be found to be wrong, but to me what's more shocking is that two doctors complied with what happened! Unbelievable!!

    Not being American, what are the possible punishments for the doctors?

     

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  51.  
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    WysiWyg (profile), Nov 6th, 2013 @ 8:00am

    Re:

    "That's like a gas station filling up your gas tank without your permission and then expecting you to pay for the gas."

    No, that's like the gas station billing you for the gas the cops used when they drove you to the hospital for your rape.

     

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  52.  
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    WysiWyg (profile), Nov 6th, 2013 @ 8:02am

    Re:

    That's because the judge didn't sign of on any of this. As I understand it, what the warrant covered was just your "basic" anal search. That's bad enough, true, but nothing compared to this.

     

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    That One Guy (profile), Nov 6th, 2013 @ 8:03am

    Re: WTF???

    Fired, fined, and one would hope losing their licenses to practice, permanently, but that could just be wishful thinking on my part.

     

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  54.  
    identicon
    Anonymous Coward, Nov 6th, 2013 @ 8:03am

    Re:

    pay the tax that you wish to pay?

     

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  55.  
    identicon
    Anonymous Coward, Nov 6th, 2013 @ 8:03am

    Re:

    The cops and doctors just managed to be that much more ridiculous than the judge, who at least managed to put a four hour time limit on his absurd warrant. Which, if the cops and doctors had actually payed any attention to, would have prevented some significant chunks of what Mr. Eckert went through.

     

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  56.  
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    WysiWyg (profile), Nov 6th, 2013 @ 8:05am

    Five bucks...

    I'm willing to bet five bucks that no criminal charges will be filed. And that the cops gets off mostly free (at worst they get "fired", and have to get a job at another policestation).

    The doctors MIGHT loose their licenses, but that's as bad as it will get for them.

    Any takers?

     

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  57.  
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    Anonymous Coward, Nov 6th, 2013 @ 8:08am

    Things are looking up

    Seems there's a Federal Lawsuit already started for Eckert.

    http://www.kob.com/article/stories/S3209305.shtml?cat=500#.Unpo_nvn-Cg
    .

     

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  58.  
    identicon
    Anonymous Coward, Nov 6th, 2013 @ 8:11am

    Re: Things are looking up

    The comments in that article are pretty good, too.

     

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  59.  
    identicon
    Anonymous Coward, Nov 6th, 2013 @ 8:17am

    Re:

    Only because you asked:

    Don't be silly, Rikuo it's not rape because men can't be raped, only women can.


    Have fun.

     

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  60.  
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    DanZee (profile), Nov 6th, 2013 @ 8:21am

    Windfall!

    I hope Eckert gets a legal team who starts suing EVERYONE involved in this. Malpractice suits against the doctors. A suit against the hospital. Suits against the officers. A suit against the county. And I can believe that he's afraid to leave the house. I had a colonoscopy and I had anxiety attacks for six months afterwards.

     

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  61.  
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    Anonymous Coward, Nov 6th, 2013 @ 8:24am

    Please note that this happened LAST JANUARY 2nd, not last week as it seemed from the article. The lawsuit was filed 8/7/13, eight months later. I'm surprised anyone remembers any of it. Why did it suddenly come up now, three months after the suit was filed?

     

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  62.  
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    Chronno S. Trigger (profile), Nov 6th, 2013 @ 8:25am

    Re: Re:

    "But gas is actually useful."

    Doesn't matter if useful or not, if someone fills up my tank without my permission, I qualify it as a free gift and move on. I don't know about today, but not long ago the law would have agreed with me.

    I haven't had a colonoscopy, but a friend of mine did. From what he said, "unpleasant" is an understatement. It takes a long time for your system to get back in order, and there's a reason why they sedate.

     

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  63.  
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    Anonymous Coward, Nov 6th, 2013 @ 8:26am

    Re: Re:

    I'm glad you said "trauma" there.

     

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  64.  
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    John Fenderson (profile), Nov 6th, 2013 @ 8:29am

    Re: Re:

    Rape can only be committed by a person


    And it was. The doctors raped him.

     

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  65.  
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    ahow628 (profile), Nov 6th, 2013 @ 8:30am

    All the money.

    This guy deserves all the money. Seriously - ALL. THE. MONEY.

     

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  66.  
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    Jack Bendlecott (profile), Nov 6th, 2013 @ 8:31am

    Not going far enough

    >Start calling, vocally, loudly, and most importantly publicly for criminal charges, jail time, and immediate firing ~.

    And it better be for a Class B/1 Felony. If they end up convicted, they should forever be barred from serving in any law enforcement capacity, in the military or for a security service. Also, no more second-amendment rights for them.

    Hell, invent the new law of forcing them to register as a Psychopath Offender (PO) for the rest of their lives.

     

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  67.  
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    John Fenderson (profile), Nov 6th, 2013 @ 8:31am

    Re: Lottery

    That sounds like something the cops involved might have said.

     

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  68.  
    identicon
    Anonymous Coward, Nov 6th, 2013 @ 8:37am

    Re: Re: Re: Re:

    If corporations are people too and most hospitals have corporate ownership then it follows that hospitals are people. That said the hospital that allowed this should get jail time where it makes no profits for the life of the conviction.

     

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  69.  
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    W Klink (profile), Nov 6th, 2013 @ 8:41am

    Re:

    "was this the first time this kind of thing has happened in this county?"

    KOB4 has your answer: "Another man, another minor traffic violation, another incident with Leo the K-9 and another example of the violation of a man's body."
    -- http://www.kob.com/article/stories/S3210356.shtml

     

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  70.  
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    Anonymous Coward, Nov 6th, 2013 @ 8:42am

    Re:

    That's New Mexico (NM) not Minnesota (MN). Leave my state out of it.

    We have our problems, but last I heard nothing that bad.

     

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  71.  
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    Bengie, Nov 6th, 2013 @ 8:42am

    Re:

    "And the doctors should be severely punished too but I'm not sure how."

    Have their licenses to practice removed. That will send a message to any doctors who fail to uphold their oath that they took to get their licenses.

     

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  72.  
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    Richard (profile), Nov 6th, 2013 @ 8:47am

    Re:

    Now is this David Eckert guy an African American, Mexican, Asian or Caucasian?

    Brings to mind Constable Savage.

    "would I be correct in assuming that Mr Kodogo is a coloured Gentleman?"

     

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  73.  
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    silverscarcat (profile), Nov 6th, 2013 @ 8:58am

    Re: Re: Re:

    The Hippocratic oath is the most important thing a doctor or nurse can violate. Once they break that, they're done, forever.

     

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  74.  
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    Anonymous Coward, Nov 6th, 2013 @ 8:58am

    Re:

    Would love to see the cops personally responsible for the medical fees.

    Though I do fully agree with jail time. It's criminal to violate that many Constitutional rights...

     

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  75.  
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    GeneralEmergency (profile), Nov 6th, 2013 @ 8:58am

    Re: Re:

    .

    ...And the Judge should issue an order that all the medical personnel involved -will- change their last names to "Mengele" within 60 days.


    .

     

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  76.  
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    OldGeezer (profile), Nov 6th, 2013 @ 8:59am

    I wish they would do that to me. I would trade one day of humiliation and discomfort for all the slam dunk multimillion dollar lawsuits. Like winning the anal lottery! Hell, I had to get the camera up my butt a couple of months ago and it wasn't that bad. They gave me some pretty good drugs.

     

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  77.  
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    Jack, Nov 6th, 2013 @ 9:00am

    Re:

    The lawsuit was filed 8 months later because finding a good civil rights attorney, gathering all of the evidence, medical records, and police information, putting together a federal lawsuit and filing it (especially for something so heinous), serving it on the multitude of defendants, etc. all take a LOT of time. Do you think the police and hospital were willingly giving up the documentation on this? Look at the defendants responses to the lawsuit - they basically admit EVERYTHING Eckert says and only offer the defense that they are immune from lawsuit because of Qualified or Absolute immunity...

     

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  78.  
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    Anonymous Coward, Nov 6th, 2013 @ 9:09am

    I can't wait for the inevitable police officials to start trying to justify the officers' actions. If and when they do, it will prove beyond a shadow of a doubt that what was once noble camaraderie has completely degenerated into an abusive relationship.

    Let's see if there's anything that police can do that will not be condoned by their superiors. If this behavior is declared "in the line of duty", the police may as well start robbing banks and going on shooting sprees in malls; clearly anything they did would have no repercussions.

     

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  79.  
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    Anonymous Coward, Nov 6th, 2013 @ 9:15am

    Re: Re:

    Sounds like some sicko cops like to their jollies off looking at other mens anus.

    A small glimmer that the system is not entirely broken, KOB4 also reports:
    "The doctors from the Gila Regional Medical Center have been turned over to the state licensing board. It's possible they could lose the ability to practice to medicine."

    Hope those pigs loose their ability to work for law enforcement.

     

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  80.  
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    TasMot (profile), Nov 6th, 2013 @ 9:16am

    And Ya'll Thought it was a Joke....

    The "anal probing aliens" have landed in New Mexico and became doctors and cops.

     

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  81.  
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    Anonymous Coward, Nov 6th, 2013 @ 9:25am

    This is a classic case of parallel construction, gone wrong.

    NSA must have tapped David Eckert's phone, and then tracked his GPS signal. Telling police to "be on the lookout" for this make/model/color car.

    Police then pull over Mr. Eckert, but are unable to find any drugs. Police think they have a bullet-proof lead from the NSA, so continue to torment this man because they're 100% sure the NSA lead can't be wrong.

    Either that, or the police pulled over the wrong car. Or I suppose there could have been a mixup at the NSA and they fingered the wrong person.

     

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  82.  
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    DH's Love Child (profile), Nov 6th, 2013 @ 9:28am

    Re:

    My thought is that it's moot anyway. Once the lawyers get done with this the medical center is going to end up paying dearly for allowing this to happen.

     

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  83.  
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    Bengie, Nov 6th, 2013 @ 9:35am

    Re: Re:

    I think we need a new law that states that someone in a position of government power who violates the Constitution, must be put on trial by a a jury to decide if they violated someone's rights.

    That person will then be stripped of their position and not allowed to hold a government position or position paid by the government, ever again.

     

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  84.  
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    Anonymous Coward, Nov 6th, 2013 @ 9:47am

    Re: Re: Re:

    It's one thing to obey a cop saying "I have a warrant, do this procedure" and another thing to obey a cop saying "put this bag up his butt and be prepared to testify in court that you found it there."

    For the first one, the doctors could easily think they'd be legally covered. The second just screams "You will be held liable if and when this gets out."

    Lacking cooperation with the doctors, I doubt the cops would have been allowed the opportunity to plant anything while the guy was unconscious. Also, again I doubt they would have had the opportunity to acquire the drugs they would need to plant.

     

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  85.  
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    Anonymous Coward, Nov 6th, 2013 @ 9:51am

    Re: Re: Re:

    They sedate you because in order to do it they have to inflate your intestines, that air is pressurized and very, very uncomfortable, if you ever felt like exploding after a meal imagine your belly inflated 3 times over, the pain can be excruciating all your abdominal muscles are stretched to the limit and they complain in the form of pain.

    Enemas are more or less like that, but there is no inflation and the pressures involved are low, just water pumped inside of you without much pressure, still very uncomfortable

     

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  86.  
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    Anonymous Coward, Nov 6th, 2013 @ 10:02am

    Here is why this happens in most cases.

    Police officers receive some words from the subject of their attention and perceive this as a direct threat to their authority and ego than proceed to humiliate the subject to teach him a lesson.

    The public should do some "sting operations" to catch bad cops, set up them to fall for the bait and punish them in public and through the courts.

    The hard part will be to find people willing to take physical abuse from them so it can be recorded.

     

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  87.  
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    ChrisB (profile), Nov 6th, 2013 @ 10:09am

    Re: Re: Re:

    There is no puzzle. He is likely a drug dealer (or a bad dude known to police) who just didn't have drugs this time. It is highly unlikely this was some random guy.

     

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  88.  
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    Sunhawk (profile), Nov 6th, 2013 @ 10:10am

    Re: Re:

    And then *billing him for it*. That shit's on the level of "sending a bill for the bullet used for an execution" level of petty evil.

     

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  89.  
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    ChrisB (profile), Nov 6th, 2013 @ 10:12am

    Re: Re: Re:

    The true villains are the cops. The doctors are just doing what they are told. Doctors are required, by law, to perform invasive tests all the time.

     

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  90.  
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    David, Nov 6th, 2013 @ 10:17am

    Sounds nice in theory

    But how are you going to govern the country without president, attorney general, and most department and agency heads?

     

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  91.  
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    Anonymous Coward, Nov 6th, 2013 @ 10:19am

    Re: Re: Re: Re:

    He is likely a drug dealer (or a bad dude known to police) who just didn't have drugs this time.

    "Likely" based on what evidence?

     

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  92.  
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    Anonymous Coward, Nov 6th, 2013 @ 10:19am

    Re: Re: Re: Re:

    To my knowledge, doctors are NOT legally covered in this situation.

    A patient (which this person was) has the right to refuse any medical procedure or treatment (which both the probing and colonoscopy was).

    The only exception I know of to this is if the person was being held under an involuntary psychiatric hold (which this guy was not), in which case he still has the right to refuse certain treatments.

    Whether or or not the warrant was valid or not, (which it was not), this was a violation of every ethical principle I know in medicine. It is a great shame to these doctors/rapists, and the medical profession in general.

     

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  93.  
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    Anonymous Coward, Nov 6th, 2013 @ 10:23am

    I did not read in there the one minor detail that brought me to this article yesterday.

    The Gila Medical Center charged Eckert for all of these procedures — none of which were done with his consent — and is threatening to sic a collection agency on him if he doesn’t pay.


    http://www.opposingviews.com/i/society/crime/new-mexico-man-david-eckert-subjected-repeated-anal -probes-after-routine-traffic

     

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  94.  
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    Not an Electronic Rodent (profile), Nov 6th, 2013 @ 10:34am

    Re: Re: Re: Re:

    He is likely a drug dealer (or a bad dude known to police) who just didn't have drugs this time
    And that makes it OK does it? I'd understood that the point of that Constitution thing was that punishment for a crime is supposed to come after conviction. You know, in a court of law... I don't recall "'Coz we know he's bad and stuff" being justifiable grounds for multiple assaults.

     

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  95.  
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    Not an Electronic Rodent (profile), Nov 6th, 2013 @ 10:38am

    Serendipity?

    Is it just me that finds it serendipitous and perhaps a little ironic that this story comes straight after the one where the NSA claims it has to be able to search anything and everything it wants "to keep us safe". An interesting parallel, no?

     

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  96.  
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    Anonymous Coward, Nov 6th, 2013 @ 10:43am

    Re: Re: Re: Re:

    I'm not so sure the doctors *had* to go along with this. As I said before, patients have the right to refuse procedures, unless under an involuntary hold. However, I am not 100% certain of the power of a warrant, I am no lawyer, just a medical student.

    Repeated anal probing, and especially a colonoscopy is far beyond where any doctor should be comfortable, regardless of what the warrant says.

    Personally I would rather join Eckert in jail than perform such unethical, humiliating, illegal and disgusting acts at the behest of the police.

     

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  97.  
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    FM Hilton, Nov 6th, 2013 @ 10:45am

    Speaking of History

    I'm literally speechless-this is barbaric, inhuman and illegal. It is simply stunning.

    This man should be given anything he wants for a legal reward, and that should be in the millions of dollars.

    I thought that forced operations were gone with pre-frontal lobotomies, Nazi experimentation, and the Tuskegee experiments.

    I guess I was wrong. The doctors who performed these operations, and the cops/judges who allowed it to happen should be fired, and prosecuted to the fullest extent of the law, and I mean federal level.

    Seriously. Absolutely unspeakable.

     

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  98.  
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    Sobe (profile), Nov 6th, 2013 @ 10:51am

    I really need some stories about cops doing something good. Too many of these screwed up cop stories are getting to me and my perception of LEO’s is definitely changing for the worse.

     

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  99.  
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    Anonymous Coward, Nov 6th, 2013 @ 11:32am

    Re: Sounds nice in theory

    Get new ones, the ones we have are hardly irreplaceable.

     

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  100.  
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    Douglas, Nov 6th, 2013 @ 11:42am

    Probable cause?

    Read: probe-able-cause.

     

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  101.  
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    art guerrilla (profile), Nov 6th, 2013 @ 11:47am

    Re: Re:

    ...and the kicker ?

    we *THEORETICALLY* have the 'right' (what, we have 'rights', what are those?) to resist an ILLEGAL intrusion and assault by donut eaters, BUT THAT NEVER WORKS NO MATTE HOW WRONG THE KOPS ARE...

    in other words, we *PRACTICALLY* speaking, have NO FUCKING RIGHTS AT ALL compared to donut eaters...

    dog damn, i love the constitution, so i must hate my country...

    art guerrilla
    aka ann archy
    eof

     

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  102.  
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    gorehound (profile), Nov 6th, 2013 @ 11:49am

    1.Sue the fuck out of these Cops and any who had a hand in this
    2.Give those who did this jail time where they can be tossin da salad amongst the people they put in jail
    3.Subject them to the same things done to this poor man
    4.Hang em High............why not those Coppers and those who went along with this are Animals and a menace to society.

    Fuck The Cops !

     

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  103.  
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    AC, Nov 6th, 2013 @ 11:52am

    Just another reason....

    I feel sorry for this man as no person should be put through that.

    Now that being said I will never step foot in the USA again, your police are corrupt, your government is corrupt and now your doctors are corrupt. In my opinion there is no way to trust any person of authority down there, as they have shown now.

    Time for you guys to go back to the starting point and try again.

     

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  104.  
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    Anonymous Coward, Nov 6th, 2013 @ 12:09pm

    Re: Re:

    Hell I was recently stopped while out of town and the cops had me exit my vehicle, then talked to me, then got back into their car to run my name or whatever it is they do. When they got back out of the car, one of them loaded his gun in front of me, and asked me if I mind him searching my car. This is the kind of intimidation they pull to get you to give up your rights these days.

     

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  105.  
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    Anonymous Coward, Nov 6th, 2013 @ 12:12pm

    Re: Re: Re: Re:

    I would say performing surgical procedures on an unwilling healthy person who is being held there at gunpoint by the police is a violation of the Hippocratic oath.

     

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  106.  
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    Anonymous Coward, Nov 6th, 2013 @ 12:15pm

    Re: Re: Lottery

    Taxpayers should demand that the individuals responsible for this mans suffering pay restitution.

     

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  107.  
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    Anonymous Coward, Nov 6th, 2013 @ 12:17pm

    Re: Re:

    Governments are people too. That's how they throw you out of public parks for trespassing after hours. The park isn't owned by the citizens, it's owned by the government person. It's why a city can take out a mortgage on a court house and stuff like that too. I'm not saying it is right, I'm just saying that is how the system is set up right now.

     

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  108.  
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    Anonymous Coward, Nov 6th, 2013 @ 12:21pm

    Re: Re: Re: Lottery

    The individuals responsible need to be tarred and feathered.

     

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  109.  
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    Deranged Poster (profile), Nov 6th, 2013 @ 12:25pm

    I thought it was only the UFOs that did the Anal Probes?

     

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  110.  
    identicon
    Anonymous Coward, Nov 6th, 2013 @ 12:29pm

    Re: Re:

    We have control over the tax we pay. If I want to pay less, all I need to do is work less.

     

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  111.  
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    Not an Electronic Rodent (profile), Nov 6th, 2013 @ 12:32pm

    Re: Re: Lottery

    As we the taxpayers should for the crime of electing politicians who permit and support this kind of legalized terrorism.
    I'd agree with the sentiment, but sadly there seems to be little choice of "type" when it comes to politicians. You can choose the one that you know supports this crap, or you can choose the one who lies through their teeth to get elected then supports this crap.

     

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  112.  
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    Anonymous Coward, Nov 6th, 2013 @ 12:40pm

    Re: Five bucks...

    Forced penetration is rape. The doctor's need to be put on trial for their crimes and serve their time in prison upon conviction.

     

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  113.  
    identicon
    Anonymous Coward, Nov 6th, 2013 @ 12:41pm

    Re:

    Fuck that! I really need some stories about cops doing time.

     

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  114.  
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    John Fenderson (profile), Nov 6th, 2013 @ 12:42pm

    Re: Re: Re:

    I hope that you said "no".

     

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  115.  
    identicon
    Jack, Nov 6th, 2013 @ 12:58pm

    @ChrisB - Fuck you, you piece of shit. "He's probably a drug dealer"? WTF is wrong with you? This was the second time his car was searched with NOTHING. I didn't read anywhere, in any article, or anywhere online that this man had a record at all, let alone for drugs.

    You can't just accept that the police in this case were complete sociopaths on a power-trip for whatever reason they happened to dream up that afternoon? No, you have to gargle the rapists balls and disparage the victim... fuck you

     

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  116.  
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    Anonymous Coward, Nov 6th, 2013 @ 1:19pm

    Re: Re: Re: Re:

    And a Hypocritic oath is the most important thing a politician can take.

     

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  117.  
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    Anonymous Coward, Nov 6th, 2013 @ 1:22pm

    Re: All the money.

    New Mexico might as well sign both counties over to him, free and clear. It would be cheaper in the long run.

     

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  118.  
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    Kat Von Clawswits, Nov 6th, 2013 @ 1:23pm

    Is the 4th Amendment now only a dirty joke?

    Since all Americans are currently being reamed by NSA violations of privacy protected under the 4th Amendment, we shouldn't be surprised at the evolution of privacy intrusion witnessed by the disgraceful acts documented in this story. Change has indeed come to America.

     

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  119.  
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    Anonymous Coward, Nov 6th, 2013 @ 1:24pm

    Re: Re: Re: Re: Re:

    They didn't have to. The first doctor refused. They could have too.

     

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  120.  
    identicon
    Anonymous Coward, Nov 6th, 2013 @ 1:36pm

    Re: Re: Jury Trial on damages

    The PD and Hospital should be held financially liable for this. The individuals should be stripped of all credentials and authority that they have then face criminal prosecution.

     

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  121.  
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    Anonymous Coward, Nov 6th, 2013 @ 1:38pm

    Re: Re: Re: Jury Trial on damages

    And if convicted serve their time in Federal PMITA prison. (Sorry. I couldn't resist)

     

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  122.  
    icon
    TasMot (profile), Nov 6th, 2013 @ 1:44pm

    Re:

    This is not the language I would have used, but it is my sentiment exactly. Innocent until proven guilty. This poor guy was proven innocent 8 time before he was charged or even arrested. Those cops and doctors should be held personally responsible because they seriously overstepped police policy, proper police procedure, and trampled the guys constitutional rights out of jurisdiction and on an expired warrant.

     

    reply to this | link to this | view in thread ]

  123.  
    icon
    Kionae (profile), Nov 6th, 2013 @ 1:46pm

    Yikes...

    Apparently, this isn't an isolated incident. 0.o

    http://www.kob.com/article/stories/S3210356.shtml?cat=500#.Unq3RRAufkc

     

    reply to this | link to this | view in thread ]

  124.  
    identicon
    Anonymous Coward, Nov 6th, 2013 @ 1:59pm

    Re: Re: Re:

    Why wait?

     

    reply to this | link to this | view in thread ]

  125.  
    identicon
    Anonymous Coward, Nov 6th, 2013 @ 2:04pm

    Re: Re: Re:

    Which would eliminate 97.27% of all office holders and executives. This is not a nice world we live in, folks. Almost all in power are corrupt.

     

    reply to this | link to this | view in thread ]

  126.  
    identicon
    Anonymous Coward, Nov 6th, 2013 @ 2:04pm

    Sounds like no charges

    If not notice on the updated article, it sounds like there will be no criminal charges and probably no firings. One of the people included in the suit is the DA or ADA of the county, I am assuming along the lines of responsibility of failing to do their jobs by not pressing charges against the cops.

    I am curious, to a limited degree, why there hasn't been a federal or state probe over this. As pointed out, the warrant had issues and beyond that, the cops failed to execute it properly. So their actions WERE completely illegal and the DA has either failed to press charges or is refusing to press charges.

     

    reply to this | link to this | view in thread ]

  127.  
    identicon
    Anonymous Coward, Nov 6th, 2013 @ 2:10pm

    Re: To cops and those that defend them:

    I saw a t-shirt a while back, that said:

    "If the Mafia replaced the Government,
    We'd probably have half the corruption,
    And twice the fun!"

    So true.

     

    reply to this | link to this | view in thread ]

  128.  
    identicon
    Anonymous Cowards, Nov 6th, 2013 @ 2:14pm

    The police are

    It certainly seems as though brutalizing this poor guy was the main goal here. I wonder why they hated him so much.

    I've heard a reputable account of a case during the 70s in which anal rape and sodomy was used punitively against a suspect, under the pretext of searching for drugs. The man had persuaded his girlfriend to carry drugs across the Canadian border for him and they got caught. This was during Nixon's War On Drugs (the original) and so this 18 yo girl was looking at a 20 year minimum. He wouldn't confess no matter how they threatened him so they performed a cavity search on him repeatedly. He took it though, and ended up going free, while his girlfriend did the time.

     

    reply to this | link to this | view in thread ]

  129.  
    identicon
    Anonymous Coward, Nov 6th, 2013 @ 2:20pm

    Re: Sounds like no charges

    It definitely sounds like SOME sort of PROBE of those responsible for this is called for. In fact multiple PROBES are in order for each of them.

     

    reply to this | link to this | view in thread ]

  130.  
    icon
    Arsik Vek (profile), Nov 6th, 2013 @ 2:21pm

    So, going back to Rep. Rogers and the whole "Your privacy isn't invaded if you don't know it's invaded", does that mean the colonoscopy portion is fine because he was sedated when it happened?

     

    reply to this | link to this | view in thread ]

  131.  
    icon
    Mike Brown (profile), Nov 6th, 2013 @ 2:46pm

    Re: Re:

    Let's get real: They were following orders FROM A DOG!

     

    reply to this | link to this | view in thread ]

  132.  
    identicon
    Anonymous Coward, Nov 6th, 2013 @ 2:50pm

    Please consider following this story/suit and reporting on it. The outcome will probably be very usefull to many people, especially if this gets to go in front of a judge.

     

    reply to this | link to this | view in thread ]

  133.  
    identicon
    Anonymous Coward, Nov 6th, 2013 @ 2:51pm

    GANG RAPE!

    So it seems gang rape is a new tool in the police arsenal. How is that working for you fellas? This was a criminal act! period and ALL involved should be convicted including the judge. No slap on the wrist, no pass for "official judgement" but conspiracy to commit criminal assault with intent to harm or injure. So bring on the excuses you have a tall mountain to climb.

     

    reply to this | link to this | view in thread ]

  134.  
    icon
    ivanwolf (profile), Nov 6th, 2013 @ 3:01pm

    Not surprisig

    I have a friend that lived in that area for several years, and after hearing stories about the police in that area this is not much of a surprise. They also said that particular rural medical facility has had several ethical lapses, and that they were not at all surprised by this news. A very sad thing.

     

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  135.  
    identicon
    jim, Nov 6th, 2013 @ 3:27pm

    -

    It was New Mexico, so they were probably on the lookout for Heisenberg.

     

    reply to this | link to this | view in thread ]

  136.  
    icon
    Mike C. (profile), Nov 6th, 2013 @ 3:40pm

    Re: Things are looking up

    Unfortunately, these officers and doctors are REPEAT offenders...

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

    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.

     

    reply to this | link to this | view in thread ]

  137.  
    icon
    Namel3ss (profile), Nov 6th, 2013 @ 3:46pm

    Re:

    "and any who had a hand in this"

    Or at least those who had a finger in this.

    (Sorry couldn't resist)

     

    reply to this | link to this | view in thread ]

  138.  
    identicon
    Sam, Nov 6th, 2013 @ 3:49pm

    Re:

    He's white and 63 years old... His lawyer claims it was racially motivated called him " white boy" and the cops are Hispanic..... Also this is not the only known time this happened, the local news reported another man 6 months before almost the exact same situation ,same hospital , he is white and 22 and was stopped for not using his signal... Looks like this cops are looking for same white men to torture. .

     

    reply to this | link to this | view in thread ]

  139.  
    identicon
    Narniaman, Nov 6th, 2013 @ 3:50pm

    As a surgeon, and someone who grew up in the area in question, a couple of observations. . . . . .

    1. The second medical facility, which is not very large, is in Silver City which is 50 miles from Deming. They could have gone to a much larger facility in Las Cruces, which would have been 10 miles further.

    2. The surgeon, who is probably the one who did the colonoscopy, is from Nigeria -- and previously practiced just outside of Washington DC.

    3. Doctors always have the absolute right to refuse to treat somebody, in spite of what a policeman might say.

    4. There was recently a chiropractor in Silver City who was shot in his office by a meth head. Fortunately, it was a "flesh wound", whereupon the chiropractor disarmed the meth head, and beat the living daylights out of him.

     

    reply to this | link to this | view in thread ]

  140.  
    identicon
    Harry Bergeron, Nov 6th, 2013 @ 5:37pm

    Civil Damages for police malfeasance

    Money damages should come out of the municipal pension fund, so that all kinds of hell will come down on the parties at fault--from their own peers.

    As it is, the taxpayers get stuck with the bill for things beyond their control in this era of fascism.

     

    reply to this | link to this | view in thread ]

  141.  
    icon
    Matthew Cline (profile), Nov 6th, 2013 @ 7:07pm

    Then the officer "observed" that Eckert was standing "erect with his legs together" and his "buttocks clenched." This was all the justification the Deming police needed
    I'm not saying that this justifies what they did, but it seems that wasn't the entirety of their justification. It seems the police who did the stop were told by other cops that Eckert was known to insert drugs into his rectal cavity. The thing is, those other cops were from Hidalgo County, a different different county than where the stop happened, so how did they get involved? The only thing I can think of is that the Hidalgo County cops told the Deming City cops "hey, if you ever stop a guy named Eckert, search his rectum for drugs".

     

    reply to this | link to this | view in thread ]

  142.  
    icon
    JAL (profile), Nov 6th, 2013 @ 7:25pm

    Re: Re: Re: Re:

    @ Chris B. The doctors are just doing what they are told. Doctors are required, by law, to perform invasive tests all the time.

    No. Doctors are not "required by law. to perform invasive tests all the time."

    Where did you get that?

    I haven't read the legal documents but I would be curious to see the signed HIPAA forms and the plaintiff's "Inform ed Consent."

    I can't count the number of things which were wrong. (And where was the hospital lawyer in all of these shenanigans?)

     

    reply to this | link to this | view in thread ]

  143.  
    identicon
    Jim, Nov 6th, 2013 @ 7:46pm

    I'm calling Crime Stoppers over all this clenching.

     

    reply to this | link to this | view in thread ]

  144.  
    identicon
    Anonymous Coward, Nov 6th, 2013 @ 8:03pm

    Re: Lottery

    Eh just take it out of the police pension plan, problem solved.

     

    reply to this | link to this | view in thread ]

  145.  
    identicon
    Anonymous Coward, Nov 6th, 2013 @ 8:39pm

    Re:

    It seems the police who did the stop were told by other cops that Eckert was known to insert drugs into his rectal cavity.


    Of course, even if true, this does not justify a search. Even if he was a known drug dealer who was previously convicted in court of shoving drugs up his butt (which he isn't, of course) that is not probable cause for thinking that he has drugs there at that particular moment.

    This guy is going to win his lawsuit no matter what because the warrant expired before many of the procedures were done, and it was for the wrong county. Even if the warrant itself was deemed somehow valid, I don't think they can get around this.

     

    reply to this | link to this | view in thread ]

  146.  
    identicon
    Anonymous Coward, Nov 6th, 2013 @ 9:20pm

    Re: Re:

    Qualified immunity could apply if, for example, the ONLY problem was that the drug dog was not properly trained, or the ONLY problem was that the warrant was expired. Qualified immunity should not apply here because their actions were clearly illegal. When you give someone an X-ray, two cavity searches, three enemas, another X-ray, and THEN decide that even though none of those found anything you're going to perform a colonoscopy (an invasive procedure that requires sedation), on a warrant that would be invalid for multiple reasons even if it wasn't both expired and for the wrong county, that's nowhere near reasonable. It's clearly malicious.

    And I don't think the hospital can claim immunity for attempting to bill someone who they performed procedures on against his will and while violating his rights. Even if they were somehow protected during the initial violations, which I don't think they are, this is a separate act unrelated to orders from law enforcement.

     

    reply to this | link to this | view in thread ]

  147.  
    icon
    Bergman (profile), Nov 6th, 2013 @ 9:51pm

    Re: Re:

    It's worth ten years in federal prison to violate just ONE right that way. Since the law in question (18USC241) is a conspiracy offense, it would mean everyone involved in carrying out the violation, as well as every administrator who approved it would also be guilty.

     

    reply to this | link to this | view in thread ]

  148.  
    icon
    Bergman (profile), Nov 6th, 2013 @ 9:53pm

    Re: Re: Re:

    Actually, since a sexual assault occurred as a result of the violation, the maximum possible sentence is life without possibility of parole or execution.

    WTB Edit button...

     

    reply to this | link to this | view in thread ]

  149.  
    icon
    Pitabred (profile), Nov 6th, 2013 @ 9:56pm

    Re: Re: Re: Re:

    That defense didn't work in Nuremburg, and it doesn't work here, either. "Just following orders" does not excuse you from morality.

     

    reply to this | link to this | view in thread ]

  150.  
    icon
    Bergman (profile), Nov 6th, 2013 @ 9:58pm

    Re: Re:

    Actually it can be a government. See Conspiracy against rights (18USC241).

    Any two or more people who conspire within the territory of the US to deprive any person of constitutional rights are guilty of a felony punishable by 10 years in prison. If a sexual assault occurs as a result of the violation, the maximum penalty rises to life in prison without possibility of parole or execution. This would apply to anyone who carried out such medical procedures without lawful cause, the police themselves and even hospital administrators who approved the medical procedures. Even if the police showed the warrant, the time and place restrictions on it would have made its illegal nature clear to all.

    Don't believe me? Would you believe the US Department of Justice?

    http://www.justice.gov/crt/about/crm/241fin.php

     

    reply to this | link to this | view in thread ]

  151.  
    icon
    Pitabred (profile), Nov 6th, 2013 @ 10:11pm

    Re:

    Pretty sure the US isn't preventing you from going to another country... feel free to emigrate if someone else will let you in.

     

    reply to this | link to this | view in thread ]

  152.  
    identicon
    FM Hilton, Nov 6th, 2013 @ 10:33pm

    Re: Gossip

    It doesn't matter what their 'justification' was.

    It does matter that they broke the law on innumerable counts and nothing in the world is going to make any justification stick in the real world in front of a jury that will undoubtedly have very little sympathy for torture.

     

    reply to this | link to this | view in thread ]

  153.  
    identicon
    Anonymous Coward, Nov 7th, 2013 @ 12:08am

    And we used to say that Dr Mengele was bad? Check out how we are behaving in the USA these days! DOCTORS did this, along with POLICE! This is beyond evil.

     

    reply to this | link to this | view in thread ]

  154.  
    identicon
    Anonymous Coward, Nov 7th, 2013 @ 12:33am

    So when do we have to start wearing our swastika armbands and heiling Hussein? Because we clearly have turned into a nazi police state and its getting worse every day. This was gang rape by police and doctors, and then they billed him for it??? There was a time when real Americans would have put a fast end to the psychopathic nazis causing heinous crimes like this, but now it is par for the course. What an atrocity.

     

    reply to this | link to this | view in thread ]

  155.  
    identicon
    JohnAGJ, Nov 7th, 2013 @ 2:13am

    Re: Re: Re:

    With names like "Chavez" and "Hernandez" we're not talking about your stereotypical small-town Southern redneck sheriffs...

     

    reply to this | link to this | view in thread ]

  156.  
    identicon
    Rajeev, Nov 7th, 2013 @ 2:45am

    Re:

    "And the doctors should be severely punished too but I'm not sure how."

    Simple answer - any invasive procedure that is performed without the patients consent or a valid court order is a criminal assault.
    Charge the doctors with assault - if they are found guilty they will also be disbarred from practising medicine. After they get out of prison they will have to find work more in keeping with their low moral standards.

     

    reply to this | link to this | view in thread ]

  157.  
    identicon
    Anonymous Coward, Nov 7th, 2013 @ 4:47am

    Will the cops get punished with the same procedure they used?

     

    reply to this | link to this | view in thread ]

  158.  
    identicon
    Anonymous Coward, Nov 7th, 2013 @ 4:51am

    The land of the rapists.

     

    reply to this | link to this | view in thread ]

  159.  
    identicon
    Jim Salter, Nov 7th, 2013 @ 8:14am

    Re: first time?

     

    reply to this | link to this | view in thread ]

  160.  
    identicon
    Anonymous Coward, Nov 7th, 2013 @ 8:24am

     

    reply to this | link to this | view in thread ]

  161.  
    icon
    John Fenderson (profile), Nov 7th, 2013 @ 9:16am

    Re: Re:

    "Love it or leave it" is one of the most unpatriotic, unamerican sentiments there is.

     

    reply to this | link to this | view in thread ]

  162.  
    icon
    RyanNerd (profile), Nov 7th, 2013 @ 10:12am

    Remind me to never EVER drive though New Mexico

    Apparently this is standard police procedure in NM.

     

    reply to this | link to this | view in thread ]

  163.  
    icon
    Michael Leo Lively (profile), Nov 7th, 2013 @ 6:18pm

    Anal Gang Rape Under the Color of Law

    Anal Gang Rape Under the Color of Law? Not exactly. The warrant wasn't good in the county where the Anal Gang Rape took place. Where are the criminal charges in the county where the Rape took place? Fat Chance?

     

    reply to this | link to this | view in thread ]

  164.  
    icon
    Niall (profile), Nov 8th, 2013 @ 6:42am

    Re:

    Hey, Bush started all the human rights abuses...

     

    reply to this | link to this | view in thread ]

  165.  
    identicon
    Shawn White, Nov 8th, 2013 @ 1:06pm

    Re: Planting Drugs

    Maybe they were so sure he was guilty that they didn't bother to bring any illegal narcotics with them. Plus hospitals have lots of employees and cameras who might see something.

     

    reply to this | link to this | view in thread ]

  166.  
    identicon
    Anonymous Coward, Nov 10th, 2013 @ 3:40am

    Firing squad.

    For the whole department.

     

    reply to this | link to this | view in thread ]

  167.  
    identicon
    Richard Perkins, Nov 10th, 2013 @ 3:45pm

    We Are Protesting This!

    Tell them how this story makes you feel... local news media and law enforcement are following events here:

    Search Facebook for "Gila Regional Protest" and show your support.

    Many local residents are concerned and organizing a peaceful picket line to express their disapproval of these actions.

     

    reply to this | link to this | view in thread ]

  168.  
    identicon
    Anonymous Coward, Nov 11th, 2013 @ 2:53am

    Re: Re:

    I am sorry, but i feel no sympathy for a man caught in a DUI. You can say my opinion is biased, as a lot of people i know losted someone to a scumbag doing exactly that, but whathever.
    He should be shot on sight IMO. Would spare 15 million dollars of taxpayer money.

     

    reply to this | link to this | view in thread ]


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