The Police were convinced by his posture he was hiding drugs. So, against his will, they pinned him down and shoved exploratory probes up his butt and took x-rays – weeks later, he received a bill for $4,539. (settlement link)
(ORIGINAL STORY) Media Report by KOB New Mexico – On January 2, 2013, David Eckert was leaving Wal-Mart in Deming, NM and reportedly failed to make a complete stop at the stop sign. He was immediately pulled over by police. Law enforcement then asked Eckhert to step out of the vehicle.
According to reports Eckert appeared to be clenching his buttocks so law enforcement concluded that Eckert was hiding narcotics in his anal cavity. The officers detained Eckert and secured a search warrant allowing for an anal cavity search.
It gets worse. Much, much worse. Like, unbelievably, staggeringly worse.
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.
Throughout this ordeal, Eckert protested and never gave doctors at the Gila Regional Medical Center consent to perform any of these medical procedures. (KOB News Link)
David Eckert is suing The City of Deming and Deming Police Officers Bobby Orosco, Robert Chavez and Officer Hernandez.
Eckert is also suing Hidalgo County Hidalgo County Deputies David Arredondo, Robert Rodriguez and Patrick Green.
Eckert is also suing Deputy District Attorney Daniel Dougherty and the Gila Regional Medical Center including Robert Wilcox, M.D and Okay Odocha, M.D.
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UPDATE – The police, city and county officials denied some of the allegations in preliminary court filings. But last month, after a six-hour negotiating session, they settled. Eckert will get $1.6 million in damages.
On Tuesday, city and county attorneys asked a court to dismiss the suit. Eckert’s attorney called the agreement a “common-sense, not-complicated application of the law on personal searches.”
The lawsuit continues against an assistant district attorney as well as hospital officials. (read more)