Remember This Poor Guy?

From Joe for America:

bankroll

Citizen Awarded $1.6 Million Settlement in Law Suit

A little over a year ago, David Eckert was subjected to 8 anal exams after he was stopped by New Mexico police for rolling through a stop sign.

One of the officers claimed Eckert’s posture was “erect and he kept his legs together,” which led him to believe Eckert may have been hiding drugs in his anal cavity. A search warrant was obtained, even though no drugs were found on his person or in his vehicle.

The search warrant included permission to search Eckert’s anal cavity.  The warrant did not mention what kind of medical procedure could be used – or that a medical procedure could be used at all.

Here’s what Eckert was subjected to at the hospital, according to medical records and lawsuit details provided to KOB 4 news:

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. Not once, but three times, 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 then x-rayed Eckert again; no narcotics were found.

6. 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 intestine.  No narcotics were found.

Eckert never consented to any of those exams – in fact, he protested the whole time. To add insult to injury, the hospital billed him for the procedures.

He filed suit against the officers and the medical “professionals” involved in the case.  The suit asserted the following, as reported by CNN:

Authorities acted completely outside the bounds of human decency by  orchestrating wholly superfluous physical body cavity searches performed by an unethical medical professional.

Because Eckert “merely looked nervous during a traffic stop,” the lawsuit claims that authorities ended up violating his constitutional right against unreasonable searches and seizures on a number of grounds.

One was that “the language in the warrant was overly broad and, therefore, invalid,” said the plaintiff, asserting that the chest X-ray and colonoscopy,  for instance, weren’t related or confined to the “anal cavity.”

Moreover, many of the tests took place outside the 6 a.m. to 10 p.m. timeframe for which any such search warrant (unless otherwise authorized) is legally valid under New Mexico law, according to the lawsuit.

Now he has settled his lawsuit with local authorities for $1.6 million.

Eckert “feels gratified that the city and county acted quickly, and that they recognize his dignity and humanity,” his lawyer, Joe Kennedy, said. “He expects that it won’t happen to  anyone else ever again.”

“I feel grateful to live in the United States,” Eckert said in a statement posted on his lawyer’s Facebook page. “Bad things happen, but in America there is a way to get justice.”

He said he “got some justice, as I think the settlement shows they were wrong to do what they did to me.”

In his latest statement, Eckert said he wants to maintain his privacy and would like to avoid having his “face be linked with jokes related to anal probing.”

He also said that he was heartened by those who expressed their sympathy and support, and is thankful to those who shared their own horror stories involving police on online articles about his ordeal.

 “I felt very helpless and alone that night. The comments I have read on news stories from people have made me feel much better and not so alone.”

~~~~~~~~~

Yes, bad things happen to people, but THIS shouldn’t have happened. Those doctors should have lost their licenses for performing procedures on the man against his will, and the cops should have been fired for abusing their authority.

What does it say for our society when actions such as those by the ‘authorities’ are labeled, even by the victim, as ‘bad things happen’ and the answer is a law suit and the appeasement is money? 

What’s even worse is that neither the cops or the doctors had the human decency to step back and realize how they were treating another human being and put a stop to it.

~Kathy

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10 Responses to Remember This Poor Guy?

  1. And the hospital damn sure better negate the charges, IN ADDITION TO the settlement reached with the “authorities”,,, But I fear this is just a beginning, unless stringent steps are taken to say, “WHOA~! What the hell are we doing here~!”

    • Kathy says:

      I was curious about that too, but the story doesn’t mention any details about the hospital charges or if the cops were punished. I just did a search and found this video. Eckert wasn’t the only one. There were two more people who received the same treatment. The cops are in trouble and so is the hospital who did the procedures. The drug sniffing dog has not been recertified on a yearly basis like they’re supposed to do.

  2. clyde says:

    All by design. If more people like Eckert stood up to this shit, it wouldn’t happen. Some of these “police officers” act like they are re-incarnated S.S. officers.

  3. Buck says:

    Too many cops are infected with the Barney Fife Syndrome.

  4. Hardnox says:

    This situation is very disturbing in many ways. A slew of his Constitutional rights have been violated. No doubt this procedure was sanctioned from the top. Only $1.6 million? That’s peanuts these days. A woman got $4 mil from McDonald’s just for spilling hot coffee on herself. Mr. Eckert needs a new lawyer. I say go for $100 Mil and the firing of the police chief.

    • Kathy says:

      He must be a passive type person. To have suffered through those procedures, then to think that $1.6 mil is enough money (half after he pays the attorney), then to say ‘in America we can get justice’ has to be a passive personality.

      I don’t like law suits, but sometimes that’s our only option. If it were me, I’d own that county and about half the state.

  5. garnet92 says:

    There ought to be a whole bunch of people who lose jobs over this travesty and I agree that he let them off easy with only $1.6 million.

    Butt then, I recently had to pay for my own colonoscopy – I’d go for another one tomorrow if I was going to get paid $1.6 million for it.

    • Kathy says:

      Alrighty then, we’ll schedule your next scope for 10:30am tomorrow, butt then we need to know how many cops you want observing the objects spewing from your orifice. And, as always, the check’s in the mail.

      You just had to go there, didn’t you? At least now, we know your price. 🙂