2nd NM man reports forced anal exams by local police

[dixiegrrrrl]

Yesteday a DU post about a man subjected to horrendous forced and illegal medical treatment because local cops insisted he had drugs in his anus.
http://upload.democraticunderground.com/10023981384

The same local news station that reported theyhave now heard from a 2nd male victim:

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.

We've learned more about that drug dog, Leo, that seems to get it wrong pretty often.
He might be getting it wrong because he's not even certified in New Mexico.

http://www.kob.com/article/stories/S3210356.shtml#.UnpoOVO33rN

[HooptieWagon]

1. Why aren't they filing lawsuits?

It seems they have an open and shut case. Until these out of control cops start getting hit hard in the pocketbook they'll continue to be thugs.

[msanthrope]

2. The first victim did. This one might, too. If they didn't.....well, I can see how a victim

in this situation might be hesitant to publicize what happend to them. It's rape and assault afterall.

[dixiegrrrrl]

3. First guy is...see here

bottom of this earlier report has copy of lawsuit.
I would imagine #2 victim will be filing also
and
any other victims will be coming forward.

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

[KurtNYC]

6. the PD has offered out of court settlement

http://www.usnews.com/news/articles/2013/11/05/man-seeks-millions-after-nm-police-force-colonoscopy-in-drug-search

Also in there, the hospital sent the victim a bill for $6000. Two of their doctors are facing malpractice suits from this.

[HooptieWagon]

8. The hospital billed the victim?

Holy shit. Mega lawsuit. Has all the earmarks of a conspiracy.

[Dawson Leery]

10. 1 million is no where near enough.

Take the pigs pensions and make sure those doctor's wasted hundreds of thousands on their education for nothing.

[HooptieWagon]

14. I think the article said at least a million.

I think it should be in the tens of millions. What we have is a conspiracy between local cops, county sheriffs, prosecuting attorney, a hospital, and several doctors to violate civil rights, commit armed assault, battery and rape. There might be additional crimes, like lying to the warrant-issuing judge, also.

[Jimmy1]

21. Nicely stated

The Police and DA's office do not want to take this case to court. Yes, they know they'll loose....but more importantly, law enforcement does not want a judicial ruling that this type of police abuse is illegal.

When Eckert's attorney contacted the DA's office they immediately offered to settle.

I hope his attorney refuses to settle and the case goes to a jury trial. The "law enforcement" officers should suffer some consequences other than 'paid administrative leave'.

[gopiscrap]

24. welcome to DU

[HooptieWagon]

15. This wasn't malpractice.

This was a criminal assault.

[Incitatus]

27. ER doctors do not get paid by the hour or salary.

They got paid for what they did while knowing it was wrong and they should have known their actions pertaining to the warrants were illegal, for the county and time limits cited in the warrants.

[HooptieWagon]

28. "Malpractice" implies errors in treatment...

...due to carelessness or ignorance. What we have in this case is a deliberate criminal act....not carelessness or ignorance. The doctors at the first hospital, who refused to comply based on ethical standards, got it right.

[Incitatus]

31. I agree.

My point is these doctors paid by doing the procedures than if they refused on ethical standards.

[HooptieWagon]

32. Paid or not, they participated in a crime.

A crime which the hospital allowed to be committed on their premises. There's a hell of a lot of guilt and liability to go around. I can only assume the hospital sending the victim a bill is some sort of feeble attempt to absolve them of culpability...but it won't fly for a jury.
Additionally...IIRC liability insurance doesn't kick in if a crime is committed. So chances are the police, doctors, and hospital are going to pay out of pocket. I hope it financially ruins them.

[AnotherMcIntosh]

33. If you were a judge (or a defense attorney), what justification would you use to limit malpractice

to only negligence?

Is there universal agreement that malpractice is limited to negligence?

Here's a sample definition found with one legal dictionary:

malpractice n.
"An act or continuing conduct of a professional which does not meet the standard of professional competence and results in provable damages to his/her client or patient. Such an error or omission may be through negligence, ignorance (when the professional should have known), or intentional wrongdoing. ..."

http://legal-dictionary.thefreedictionary.com/malpractice

[Dawson Leery]

4. These doctor's have been reported to the state licensing board.

They need to lose their jobs permanently.

[jsr]

25. The doctors committed sexual assault.

There was no legal authority for them to perform any of the procedures.

[HooptieWagon]

29. Exactly.

And they should be prosecuted, along with the cops, sheriffs, and DA who conspired and collaberated in the crime.

[Historic NY]

5. The dog seems to be doing what dogs do..........

sniff ass, but the human asses' don't seem to get it.

[FreakinDJ]

7. Going where no cop has gone before

Did they recruit this guy from the jail staff

[Boudica the Lyoness]

35. I wondered that as well

What ordinary person, out shopping, starts shoving things up their butt when they get pulled over? A corrections officer/jail cop probably thinks it's normal human behavior to do that. In their eyes we're all criminals.

[joeybee12]

9. These cops are sick...

I fully expect more incidents to come out...don't ask why, just a gut reaction.

[4Q2u2]

11. Texas State and Austin Police

I believe they were doing this as well as on the side of the road Vaginal exams. Nothing says Freedom like the police probing your body cavities.




http://benswann.com/warrantless-vaginal-searches-conducted-by-texas-police/

[AnotherMcIntosh]

12. The cops will rely upon an expansive reading of the Supreme Court's 2012 Florence case.

http://www.law.cornell.edu/supremecourt/text/10-945

"Albert Florence wasn't driving the car when it was pulled over on May 3, 2005; his wife April was. The officer asked the owner of the BMW to identify himself, and when Florence obliged, he was taken under arrest. An erroneous warrant (later attributed to a computing error) was the culprit. Florence was frustrated but wasn't surprised by the mistake. As the lawyer charged with arguing his case, Tom Goldstein, later deadpanned on The Daily Show, he had been arrested for "being black."

http://www.theatlantic.com/national/archive/2012/04/why-the-supreme-court-thinks-strip-searches-are-constitutional/255648/

There are dangerous police officials who treat the populace as the enemy and want to stretch Supreme Court cases, such as the Florence case, beyond what the court held.

There are dangerous police officials who actually hate the general population. If you don't have one or more in your town at this point, you will.

[BeeBee]

13. I read the first case, and didn't see where a dog was involved.

They said the victim clenched his buttocks and that gave them probable cause.

[dixiegrrrrl]

16. The dog was mentioned in the lawsuit.

But not in the first news article.
The 2nd news article mentions the dog, I assume because the lawsuit was then available as was additional info.

[dixiegrrrrl]

17. Also interesting..the first case involved TWO police stops.

Looks like the cops in that case were determined to get this guy.
They stopped him Sept. 6 2012 for a cracked windsheild, impounded his car, found no drugs.
Then the Jan. 2013 stop, where they did all the medical procedures.

I get the feeling they had an agenda about this guy.

[BeeBee]

20. I would also go after the judge. n/t

[knightmaar]

18. Welcome to Deming

"And you thought Roswell was the anal probe capital!"

What? Too soon?

[TxDemChem]

19. As a former forensics student, I'd like to know who trained this drug dog.

Remember the lady who had the cadaver dog and ruined quite a few cases by supplying fake bones? Just wondering.

I hope these two get those officers and doctors.

[dixiegrrrrl]

22. A good lawyer would be asking that question, for sure.

When I was working in Drug Court in Fla. a popular lawyer was winning DUI cases on the issue of calibration of the then new breath analyzers. Seems they had to be calibrated and certified as accurate on a regular basis, but most weren't.

And, as the 2nd article pointed out, the K-9s have to be certified now.

given the long long long slime trail the local cops laid in these incidents, it would seem prudent to train every damn one of them, from teh Chief on down. Sure be cheaper than the lawsuits.

[TxDemChem]

26. Ah yes. I think my dad got out of a ticket by

asking how lung ago the radar gun was calibrated . He too works in a lab, so we are VERY ardent about equipment calibrations (GLP is no joke).

I'd sure hope for the deparment's sake that the dog was certified. And they thru have dotted all their i's and crossed all their t's.

[dixiegrrrrl]

36. hope for the deparment's sake that the dog was certified.

Turns out...dog was NOT certified in New Mexico....

his certification to be a drug dog expired in April 2011. K-9s need yearly re-certification courses, and Leo is falling behind.

http://www.kob.com/article/stories/S3210356.shtml?cat=500#.UnvJPxhEr2T

[TxDemChem]

40. Okay, these incidents have reached a new low.

This department looks inept and crooked.

[Warren DeMontague]

23. There's gold in them thar hills!

Or weed in them thar cheeks, more like.

[csziggy]

37. Or in them thar buttes?

[Brigid]

30. Anybody want to start a betting pool . . .

On how many more cases of this come out?

[Fumesucker]

34. I would guess a shitload

Oh wait, that came out wrong..

[hedgehog]

39. I wonder how many people paid these cops to make this go away?

[Rstrstx]

38. ROSWELL!!!!

The aliens have been apparently been affected by the sequester cuts too and can't beam as many people back up to the alien ship for anal probing so they're just doing it on the cheap now.

Out of all the unbelievable parts to that story I think the icing on the cake was that the hospital had the gall to charge him $6000

[Blue_In_AK]

41. Does anyone know the race of these victims?

Just curious.