Update: Man forced by police to have enemas, colonoscopy settles lawsuit

[CaseyJones]

http://www.breitbart.com/system/wire/upiUPI-20140117-095544-4750


Authorities in Hidalgo County, N.M., have settled a lawsuit for $1.6 million with a man who claims they illegally made him undergo colonoscopies and enemas.

David Eckert, 54, filed a lawsuit against the county and its police department in 2013, for allegedly violating his constitutional right against unreasonable searches and seizures during a 12-hour ordeal early in January 2013, CNN reported.

The suit said Eckert was pulled over for not properly stopping at a stop sign in Deming, N.M.

During the traffic stop, Eckert "was avoiding eye contact with me," his "left hand began to shake," and he stood "erect (with) his legs together," a police affidavit detailing the stop stated.

Eckert was told he could leave the scene, but before doing so he consented to a search of him and his vehicle, during which a K-9 dog hit a spot on the driver's seat, according to the affidavit. However, no drugs were found in the vehicle.

A "Hidalgo County K-9 officer did inform me that he had dealt with Mr. Eckert on a previous case and stated that Mr. Eckert was known to insert drugs into his anal cavity and had been caught in Hidalgo County with drugs in his anal cavity," the affidavit said.

Eckert was placed under "investigative detention" and brought to the Deming Police Department around 2 p.m., then to a local hospital where "no drugs were found" after "an X-ray and two digital searches of his rectum by two different doctors," the lawsuit stated.

The lawsuit alleged that while Eckert was in custody, he was forced to undergo three enemas and a colonoscopy, during which authorities found "no drugs." The plaintiff was in custody until about 1:25 a.m.

"(Authorities) acted completely outside the bounds of human decency by orchestrating wholly superfluous physical body cavity searches performed by an unethical medical professional," the plaintiff asserted.

Eckert agreed to settle the lawsuit on Dec. 20, but the case became public only recently, CNN said.

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

[SeanTX]

Too bad he settled, it would have been better to take it to a civil trial, so this case could have gotten more attention. The state would rather just pay up and make it all go away.

[aGameOfThrones]

During the traffic stop, Eckert "was avoiding eye contact with me," his "left hand began to shake," and he stood "erect (with) his legs together," a police affidavit detailing the stop stated.

In the animal world that is a show of respect to those who are "better(Alpha)". Anyway, if you look at a cop in the eyes he will take that as a threat and shoot you for safety reasons, if you don't he'll rape you.

[Deborah K]

A "Hidalgo County K-9 officer did inform me that he had dealt with Mr. Eckert on a previous case and stated that Mr. Eckert was known to insert drugs into his anal cavity and had been caught in Hidalgo County with drugs in his anal cavity," the affidavit said.


aaaaand we're supposed to just accept the officer's word for that - right? Has anyone bothered to verify this?

[belian78]

aaaaand we're supposed to just accept the officer's word for that - right? Has anyone bothered to verify this?
Obviously the word of the King's enforcers is unquestionable, maybe a weekend at the re-education camp would do you well? :p

1.6M is peanuts, that guy sold himself out bigtime.

[Philhelm]

Obviously the word of the King's enforcers is unquestionable, maybe a weekend at the re-education camp would do you well? :p

1.6M is peanuts, that guy sold himself out bigtime.

I would have taken it to court on principle.

[Pericles]

I would have taken it to court on principle.

Forcing a government entity into bankruptcy whenever possible is always a good thing.

[HOLLYWOOD]

Obviously the word of the King's enforcers is unquestionable, maybe a weekend at the re-education camp would do you well? :p

1.6M is peanuts, that guy sold himself out bigtime.He sure did... could of had this go national with the backing of dozens of groups and even help in the trial expenses/donations. Could of been a major blow to the police state and violations of numerous amendments. Taking this to trial would of been great to follow... sounds like he had a quick pick pocket law firm representing him and foolishly listen to taking the peanuts and running.

Now the taxpayers pickup the tab for tyranny and this will all be swept under the carpet. He actually did a disservice to the nation. You figure he would of become aware of the state apparatus and welcome help nationally. nope... missed opportunity.

[Occam's Banana]

Eckert "feels gratified that the city and county acted quickly, and ... that they recognize his dignity and humanity," his lawyer, Joe Kennedy, said Thursday.

They don't recognize any such things. The only things they recognize are bad PR and the possibility of an even larger court award.


"He expects that it won't happen to anyone else ever again."

Then he is a deluded fool.

[nobody's_hero]

I would have taken it to court on principle.


Forcing a government entity into bankruptcy whenever possible is always a good thing.

I can't off hand think of a situation in which a municipal police department was driven into bankruptcy by lawsuits, but I do wish it were that easy.

[Anti Federalist]

I can't off hand think of a situation in which a municipal police department was driven into bankruptcy by lawsuits, but I do wish it were that easy.

Oh damn, there was a town in CA, a real "CopLand", that was forced into bankruptcy because of all the civil claims against the out of control cops.

Maybe somebody can recall it...Bell, Stockton maybe...

[belian78]

I would have taken it to court on principle.

Oh so would I have, but if I were out for monetary compensation, I would go for waaaaaay more than 1.6M.

[NorthCarolinaLiberty]

This is like the dog shootings. He gets an award. Big deal. It comes from the taxpayers. These pieces of filth never paid personally. Guess it's better than a lot of other ways it could have gone, but that is still nothing but hollow in your pit. Force is the only thing filth understands. If it's not personal, then it's meaningless. Very, very unsettling and very, very wrong.

[ClydeCoulter]

I have a question.

When a person wins a suit against the city/police, do they have to pay federal taxes on it? I mean, that's to the federal governments advantage. A big chunk of that money leaves the local community right to the feds, if so.

[phill4paul]

I have a question.

When a person wins a suit against the city/police, do they have to pay federal taxes on it? I mean, that's to the federal governments advantage. A big chunk of that money leaves the local community right to the feds, if so.

..and from there right back into the local police force.

Such a wonderful circle jerk.

Who's the pivot man?

[kathy88]

He didn't sue the doctor or the hospital? Idiot.

[FindLiberty]

Take the money. He should have been "awarded" 3x that $ and won that useless dog too. It's nothing but trouble and it needs a good, loving retirement home. Can he now sue the Dr. too?

[phill4paul]

I'd have settled for 1.6m. IF the cops and "doctors" would have, individually, bought me dinner and given me a kiss.

[DamianTV]

I would have settled for the cops involved to be required to be subjected to the same torment that he was. That Police Force and the Court needs an Enema.

[tod evans]

I would have settled for the cops involved to be required to be subjected to the same torment that he was. That Police Force and the Court needs an Enema.

I'll betcha more than half of those girly-men in black would have got off on it..:eek:

[pcosmar]

I have a question.

When a person wins a suit against the city/police, do they have to pay federal taxes on it? I mean, that's to the federal governments advantage. A big chunk of that money leaves the local community right to the feds, if so.

Shell Game.
The local Police are heavily funded by the Fed.. And they can just print more money,,

[Henry Rogue]

He didn't sue the doctor or the hospital? Idiot.
I suppose he still could. If he won a big chunk, it might deter doctors and hospitals from assisting the perps.

[Origanalist]

I'm not sure what I would have done, but it wouldn't have been a out of court settlement. I mean really, how many people reading this have had the pleasure of a colonoscopy? It's really not a lot of fun, and to have one forced on you by government agents would be humiliation of the highest order. They might had just as well raped him.

[otherone]

These pieces of filth never paid personally.


^^^^^^^^^^
THIS

Leviathan will never die until it's individual tentacles are held PERSONALLY accountable. Fuck the money. The parties who did this should be in jail.

[Henry Rogue]

I'm not sure what I would have done, but it wouldn't have been a out of court settlement. I mean really, how many people reading this have had the pleasure of a colonoscopy? It's really not a lot of fun, and to have one forced on you by government agents would be humiliation of the highest order. They might had just as well raped him.
I have, they found a big polyp and removed it. Got a clamp in my colon now.
I should make that my avatar, then everyone can see what I'm like on the inside.

[Origanalist]

I have, they found a big polyp and removed it. Got a clamp in my colon now.
I should make that my avatar, then everyone can see what I'm like on the inside.

Ummmm, maybe not. I remember the doctor asking me "don't you want to watch the screen......."? :rolleyes:

[PaulConventionWV]

He sure did... could of had this go national with the backing of dozens of groups and even help in the trial expenses/donations. Could of been a major blow to the police state and violations of numerous amendments. Taking this to trial would of been great to follow... sounds like he had a quick pick pocket law firm representing him and foolishly listen to taking the peanuts and running.

Now the taxpayers pickup the tab for tyranny and this will all be swept under the carpet. He actually did a disservice to the nation. You figure he would of become aware of the state apparatus and welcome help nationally. nope... missed opportunity.

It's would have, not would of.

[PaulConventionWV]

I'd have settled for 1.6m. IF the cops and "doctors" would have, individually, bought me dinner and given me a kiss.

I would've taken the settlement if I could watch them undergo the same procedures.

[tod evans]

I would've taken the settlement if I could watch them undergo the same procedures.

Something tells me you could find gay porn cheaper than $1.6m if you just want to watch....

[Henry Rogue]

Ummmm, maybe not. I remember the doctor asking me "don't you want to watch the screen......."? :rolleyes:
I was half under, I could feel it though, Doc said I have sharp corners. They gave me screenshots to take home. My Wife was in the recovery room with me, when they were going over the results. Doc asked if it was ok for her to know the the results, I said yes, of course. Good to know some in the medical community still respect privacy. Wonder if that will still be the case after a decade of obamacare.

[Origanalist]

I was half under, I could feel it though, Doc said I have sharp corners. They gave me screenshots to take home. My Wife was in the recovery room with me, when they were going over the results. Doc asked if it was ok for her to know the the results, I said yes, of course. Good to know some in the medical community still respect privacy. Wonder if that will still be the case after a decade of obamacare.

Your wife won't be allowed to know, only the bureaucrat who has to approve your treatment.

[Henry Rogue]

Your wife won't be allowed to know, only the bureaucrat who has to approve your treatment.
Yeah, everybody will be able to see my colon on some public domain. She can view it there with the rest.

[tod evans]

"Just-Us"......:mad:



Three cops in New Mexico’s infamous anal cavity search case still on job

http://www.foxnews.com/politics/2014/06/02/three-cops-in-new-mexicos-infamous-anal-cavity-search-case-still-on-job/?intcmp=latestnews

It’s one of the most shocking and infamous cases to ever come out of New Mexico: A man, falsely suspected of carrying drugs, forced to undergo multiple anal cavity searches.

Now, a year and half after the incident and six months after a settlement of $1.6 million in local taxpayer money was announced, New Mexico Watchdog has learned at least three police officers involved in the case are still on the job, while the status of three others remains a secret.

Deming Police Chief Brandon Gigante told New Mexico Watchdog all three officers in his department who were listed as defendants in a subsequent lawsuit are on active duty. Gigante wouldn’t say why or reveal if the officers were disciplined.

“That is a personnel matter,” Gigante said in a telephone interview.

Three members of the Hidalgo County Sheriff’s Office were also listed in the lawsuit, but county officials refused to answer any questions about their status in the aftermath of the case involving Lordsburg, N.M., resident David Eckert.

A settlement was announced in January in which the 64-year-old Eckert will get $950,000 from the city of Deming and $650,000 from Hidalgo County — a total of $1.6 million for which taxpayers in the two communities are responsible.

According to the lawsuit, in early 2013 Eckert was pulled over by Deming police allegedly for not coming to a full stop at a stop sign in a Walmart parking lot in Deming. Hidalgo County sheriff’s officers also arrived on the scene.

[PaulConventionWV]

Something tells me you could find gay porn cheaper than $1.6m if you just want to watch....

A gay porno? $5. A gay porno starring judge Brown and officer Hotchkiss? Priceless.

(I don't know how much a gay porno actually costs).

[Occam's Banana]

“That is a personnel matter,” Gigante said in a telephone interview.

Sounds like the fuzz have latched on to a new meme ...

From another recent thread: http://www.ronpaulforums.com/showthread.php?452482-Man-Loses-Testicle-After-Beating-By-Albuquerque-PD-Cop-Deletes-Bystander-s-Videos

[Video] shows an Albuquerque Police Department officer slamming the student into the back of his truck, apparently kicking him in the groin in the process, before taking the student to the ground and arresting him for allegedly driving while drunk and possessing marijuana.

The video [also shows the officer] snatching the phone belonging to one of the passengers in 24-year-old Jeremy Martin’s truck and later deleting videos the passenger had taken of the arrest.

Martin had to have one of his testicles surgically removed due to injuries he sustained in the April 25 arrest.

Police declined to comment on the arrest, saying that it was a “personnel matter.”

I guess they're getting bored with the same old "pending / ongoing / closed investigation" song-and-dance.

And "it's a personnel matter" is a pretty sweet dodge, too.

After all, is there any fucked-up thing cops do that is NOT somehow a "personnel matter" ... ?