Posted on 01/17/2014 7:41:35 AM PST by Rusty0604
David Eckert–the man who was stopped by police, suspected of drug possession, driven to a hospital, driven to a second hospital, forced to undergo multiple invasive surgeries, and billed for the abuse after no drugs were found–has obtained a $1.6 million settlement with New Mexico local authorities.
(Excerpt) Read more at dailycaller.com ...
They did. A couple of digital exams, enemas, x-rays, and the colonoscopy. 8 medical procedures in all. The last of which were performed after the warrant had expired. IIRC, the hospital where this was done was also OUTSIDE of the warrant’s jurisdiction.
“New Mexico local authorities” means the citizens of Deming are going to the cleaners. On one hand I don’t like that, but on the other hand, the citizens of Deming have apparently been tolerating this behavior. They are ultimately the ones who are going to have to rectify the situation.
And I certainly hope the Hospital that did the procedures without legal warrants isn’t off the hook (The warrants they accepted were from out of jurisdiction, and out of date). They need to pay up as well.
Well, it is a Drug WAR, after all.
Kudos to the first hospital for refusing to aid the Stasi. They sound like a great place to go if you actually want a colonoscopy.
Remember the magic words "I'm allergic to that". Hospitals are scared of allergic reactions and you will put them in the position of not doing the procedure or doing it anyway after they have been fully informed of an allergy.
(I'm kinda joking .... but kinda not)(:)
IIRC he had both X-rays and a ct scan.
Before they insisted on the invasive procedures.
There’s probably a long line of queers waiting...
They did, found nothing, and insisted on further procedures.
Does anyone else find it appropriate that the town paid. . . out the @ss ???? (evil grin)
He settled cheap.
The insurance provider should drop the policy unless the cops involved are removed from the force.
Yes, but they all went home safely that night.
And that's all that really matters.
Now there is a source of corrective pressure I hadn’t considered.Insurance companies routinely dictate conditions to clients.
It's not their money, so they don't care. The taxpayers got screwed also.
If you follow this back, the hospital actually sent him a bill for their “services.”
The Fourth Amendment:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.vs. Justice Alito in Kentucky v. King:
The Fourth Amendment expressly imposes two requirements: All searches and seizures must be reasonable; and a warrant may not be issued unless probable cause is properly established and the scope of the authorized search is set out with particularity.IOW,
[…]
The proper test follows from the principle that permits warrantless searches: warrantless searches are allowed when the circumstances make it reasonable, within the meaning of the Fourth Amendment, to dispense with the warrant requirement.
while the court acknowledges the requirements of the Fourth Amendment, the superior understanding of the Supreme Court repudiates the implicit requirement of a warrant to be required to effect the search or seizure of person or property.
IN THE GRIM DARKNESS OF THE FAR FUTURE THERE IS ONLY GOVERNMENT.
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The case has a twist or two. Both the county and city were dragged in....so they split this up roughly 60/40. I think each had a liability insurance policy and dipped into it...meaning that they both both probably put up a quarter-million each. The insurance company will likely pay the rest, and then sock it to the county and city next year for a new higher rate.
As for the hospital and staff? They have an insurance policy, which I’d guess it goes up into the ten million range. There will be some discussions and likely work this out probably close to the maximum of the policy.
No one in the city or county government is happy about this, and it’s become a joke locally. Anybody could run in the next election and have a four-star advertisement to their advantage.
As for this guy? If I were him...I’d quietly leave the US and settle somewhere in Canada. This guy needs to put a fair distance between him and this community, and US cops.
The quacks deserve to be sued and have their licenses revoked.
It’s be good to have some names of the quacks involved then.
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