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NM 'anal probe' police lawsuit settled
Associated Press ^ | 01/14/2014 | Associated Press

Posted on 01/16/2014 9:28:00 AM PST by Responsibility2nd

Suspect was taken to two hospitals and subjected to anal probes over suspicion of hiding drugs

ALBUQUERQUE, N.M. — A city and county in southern New Mexico have settled a lawsuit filed by a man taken to two hospitals and subjected to anal probes over suspicion of hiding drugs, the man's lawyer said Monday.

According to attorneys for David Eckert, Hidalgo County and the city of Deming recently settled their portion of a lawsuit for a total of $1.6 million.

The lawsuit, filed against police and sheriff's officials in Deming and Hidalgo County, which borders Mexico, alleges Deming police sought a search warrant for Eckert because they thought he appeared to be clenching his buttocks when he got out of his car in January 2013.

Hidalgo County sheriff's deputies told the Deming police officers Eckert was known in the area for carrying drugs inside his body, the lawsuit said. Police also brought in a drug-sniffing dog, which detected something in the driver's seat.

(Excerpt) Read more at policeone.com ...


TOPICS: Crime/Corruption; Government; News/Current Events; US: New Mexico
KEYWORDS: analprobe; cavitysearch; donutwatch; leo; newmexico
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1.6 million for two anal probes?

hmmmmm....

1 posted on 01/16/2014 9:28:00 AM PST by Responsibility2nd
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To: Responsibility2nd

Yes, I’m sure the cops are all butthurt about that.

Imagine how butthurt they’d be if it wasn’t the taxpayers footing the entire bill and they had to pay even a fraction themselves!


2 posted on 01/16/2014 9:30:09 AM PST by null and void (We need to shake this snowglobe up.)
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To: Responsibility2nd

Having read accounts of his experience..It’s not enough money. I’m thinking two mil for each penetration, after lawyers and taxes. He got screwed again.


3 posted on 01/16/2014 9:31:05 AM PST by catbertz
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To: Responsibility2nd

sign me up!


4 posted on 01/16/2014 9:31:05 AM PST by nixonsnose (you never know how much pee splatters until you are standing at the urinal in flip flops.)
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To: Responsibility2nd

Um, what about jail time for the doctor and police rapists. They had no warrant and thus were party to a sexual assault. I was hoping the city of deming would have to sell city hall to pay this guy and I can’t believe he let them off for 1.6 mil.


5 posted on 01/16/2014 9:31:59 AM PST by RightOnTheBorder
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To: Responsibility2nd

I suppose the lawyers get at least half. Still, that’s pretty good pay for one day of suffering and humiliation. And if it’s “settled,” then I gather there will be no further appeals.

Sure, the taxpayers have to cough up. But I doubt whether they’ll be in any hurry to re-elect this sheriff. Or maybe even the town officials who supervise the police.


6 posted on 01/16/2014 9:32:28 AM PST by Cicero (Marcus Tullius)
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To: Responsibility2nd

only 2 of the 4 parties have settled, still more to come.


7 posted on 01/16/2014 9:32:40 AM PST by ican'tbelieveit
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To: catbertz

Screwed is right.........


8 posted on 01/16/2014 9:34:22 AM PST by Osage Orange (I have strong feelings about gun control. If there's a gun around, I want to be controlling it.)
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To: Responsibility2nd

Did anyone lose their job?


9 posted on 01/16/2014 9:35:05 AM PST by Osage Orange (I have strong feelings about gun control. If there's a gun around, I want to be controlling it.)
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To: RightOnTheBorder

The article goes on to say....

“A lawsuit against doctors and the hospital in the case is still ongoing.”

Ka-Ching! Another million or so is sure to be paid from them also.


10 posted on 01/16/2014 9:35:07 AM PST by Responsibility2nd (NO LIBS. This Means Liberals and (L)libertarians! Same Thing. NO LIBS!!)
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To: Responsibility2nd

It would have been at LEAST 10 million if it were me..............not one penny less AND THEY WOULD HAVE TO PAY MY LAWYER’S FEES.....................


11 posted on 01/16/2014 9:40:00 AM PST by Red Badger (Proud member of the Zeta Omicron Tau Fraternity since 2004...................)
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To: Osage Orange
Did anyone lose their job?

Surely you're kidding. Police almost never get into personal trouble no matter what they do

12 posted on 01/16/2014 9:41:24 AM PST by from occupied ga (Your government is your most dangerous enemy)
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To: RightOnTheBorder
Um, what about jail time for the doctor and police rapists. They had no warrant and thus were party to a sexual assault.

Felony, possibly capital:

18 U.S. Code § 242 - Deprivation of rights under color of law
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.


18 U.S. Code § 241 - Conspiracy against rights
If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or

If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—

They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.

13 posted on 01/16/2014 9:42:47 AM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: catbertz

I concur. He should have received more money, the cops should have been fired and perhaps even some of the hospital staff should have been fired.


14 posted on 01/16/2014 9:44:42 AM PST by scripter
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To: catbertz

“Having read accounts of his experience..It’s not enough money. I’m thinking two mil for each penetration, after lawyers and taxes. He got screwed again.”

It was a “no hassle” $1.6 million! Now he can “settle in” and really collect from the doctors and the hospital. That suit should be about a lot more money and the loss of the doctors licenses to practice.
Also, I believe that there is yet another individual who received the “same treatment” who is suing on similar grounds. The bothersome thing to me is that there is nothing about any disciplinary dismissals on the cops involved. I’d be pushing for some jail time for them.


15 posted on 01/16/2014 9:47:29 AM PST by vette6387
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To: Responsibility2nd

I should open the link to the article ;)

I look forward to some additional justice. Hopefully this guy cleans up his life and enjoys that hard earned cash.


16 posted on 01/16/2014 9:49:02 AM PST by catbertz
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To: Responsibility2nd

If you probe deeper you find out that there is more to come from settlements with the hospital and doctor.


17 posted on 01/16/2014 9:50:33 AM PST by Uncle Chip
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To: catbertz

He can still sue the doctors and the hospital.

BUT

Until cops and judges go to jail and loose money PERSONALLY this stuff will never stop.


18 posted on 01/16/2014 9:51:53 AM PST by DariusBane (Liberty and Risk. Flip sides of the same coin. So how much risk will YOU accept?)
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To: RightOnTheBorder
They had a search warrant to search the guy's body, but it was good only in Luna County (read the article).

The hospital physician in Luna County refused to perform the anal search on ethical grounds, so the police took the victim to a hospital in a different county.

Their search warrant was not valid there - not for the Hidalgo County sheriff's department, the Deming County police, the hospital where the probes were conducted, nor the physicians who performed the probes.

19 posted on 01/16/2014 9:52:29 AM PST by Scoutmaster (I'd rather be at Philmont)
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To: Responsibility2nd
The taxpayers get rammed up the butt to pay for this guy being rammed up the butt.

Meanwhile, Officer Buttrammer doesn't pay a dime.

20 posted on 01/16/2014 9:53:36 AM PST by dead (I've got my eye out for Mullah Omar.)
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To: Osage Orange

Did the officers pay or dump this on taxpayers ?


21 posted on 01/16/2014 9:54:03 AM PST by Eric in the Ozarks ("Say Not the Struggle Naught Availeth.")
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To: Red Badger
It would have been at LEAST 10 million if it were me..............not one penny less AND THEY WOULD HAVE TO PAY MY LAWYER’S FEES.....................

And a box of chocolates.

22 posted on 01/16/2014 9:54:45 AM PST by BlueMondaySkipper (Involuntarily subsidizing the parasite class since 1981)
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To: vette6387

This set of assaults seems indicative of a police problem nationwide. These monsters should be prosecuted. I look forward to the hospital and Dr’s paying up big.


23 posted on 01/16/2014 9:56:53 AM PST by catbertz
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To: OneWingedShark

Too bad the victim is white. The Just-us department has proved it has no interest in prosecuting crimes against whites. I miss the days when we had a rule of law.


24 posted on 01/16/2014 9:57:13 AM PST by RightOnTheBorder
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To: Uncle Chip

I see what you did there.


25 posted on 01/16/2014 9:59:44 AM PST by Responsibility2nd (NO LIBS. This Means Liberals and (L)libertarians! Same Thing. NO LIBS!!)
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To: BlueMondaySkipper; Red Badger

And promise you’ll respect me in the morning.


26 posted on 01/16/2014 10:01:12 AM PST by Responsibility2nd (NO LIBS. This Means Liberals and (L)libertarians! Same Thing. NO LIBS!!)
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To: Responsibility2nd

Just leave the money on the nightstand..................


27 posted on 01/16/2014 10:06:19 AM PST by Red Badger (Proud member of the Zeta Omicron Tau Fraternity since 2004...................)
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To: catbertz

“This set of assaults seems indicative of a police problem nationwide.”

Yes! And the assaults take on a whole “host” of types of illegal activities that include murder! Just look at the bit in SoCal where the Torrance cops beat a mentally ill man to death and “the jury” found that it was “justifiable.” And the sheriff’s deputy that put seven rounds into a 13 year-old carrying a toy gun up in Santa Rosa, CA recently. The time is not far off when people are going to not have any more tolerance for this stuff and the cops will start to suffer.


28 posted on 01/16/2014 10:10:43 AM PST by vette6387
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To: Responsibility2nd

It seems that every time there is a ‘sniffer dog’ is involved; they are always wrong. The dogs are a major waste of time and money...just another ‘toy’ for the cops to play with that winds up ruining people’s lives.


29 posted on 01/16/2014 10:17:15 AM PST by who knows what evil? (G-d saved more animals than people on the ark...www.siameserescue.org.)
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To: Responsibility2nd

It seems that every time there is a ‘sniffer dog’ is involved; they are always wrong. The dogs are a major waste of time and money...just another ‘toy’ for the cops to play with that winds up ruining people’s lives.


30 posted on 01/16/2014 10:17:17 AM PST by who knows what evil? (G-d saved more animals than people on the ark...www.siameserescue.org.)
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To: Responsibility2nd

It seems that every time there is a ‘sniffer dog’ involved; they are always wrong. The dogs are a major waste of time and money...just another ‘toy’ for the cops to play with that winds up ruining people’s lives.


31 posted on 01/16/2014 10:17:30 AM PST by who knows what evil? (G-d saved more animals than people on the ark...www.siameserescue.org.)
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To: Responsibility2nd

The taxpayers really got screwed here...because that is a lot of money for a poor, mostly Mexican-American county. The dollar amount was released most likely because that is the amount the taxpayers are on the hook and must pass legislation to pay the victim....beyond insurance payout


32 posted on 01/16/2014 10:18:13 AM PST by SeminoleCounty (Amnesty And Not Ending ObamaCare Will Kill GOP In 2014)
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To: who knows what evil?

Wow...my FIRST ‘triple-post’ in fifteen years on FR. Where’s my cake?


33 posted on 01/16/2014 10:18:27 AM PST by who knows what evil? (G-d saved more animals than people on the ark...www.siameserescue.org.)
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To: from occupied ga

Naw...just wanting to know.


34 posted on 01/16/2014 10:21:25 AM PST by Osage Orange (I have strong feelings about gun control. If there's a gun around, I want to be controlling it.)
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To: Responsibility2nd
And I was trying to be so excrete discrete
35 posted on 01/16/2014 10:22:14 AM PST by Uncle Chip
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To: catbertz

Lawyers will get their share but I believe settlement is tax free. Civil case it should be.


36 posted on 01/16/2014 10:24:39 AM PST by prof.h.mandingo (Buck v. Bell (1927) An idea whose time has come (for extreme liberalism))
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To: Responsibility2nd

When did Barney Frank move to New Mexico?


37 posted on 01/16/2014 10:25:13 AM PST by LeonardFMason (LanceyHoward would AGREE)
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To: Responsibility2nd

“Could you describe these officers?”

“Well, they were short, but had big heads and really big eyes, and their skin was gray. No facial hair.”


38 posted on 01/16/2014 10:34:39 AM PST by yefragetuwrabrumuy (There Is Still A Very Hot War On Terror, Just Not On The MSM. Rantburg.com)
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To: who knows what evil?

You need at least 20 to qualify for a cake. The triple gets you a small cookie. /s


39 posted on 01/16/2014 10:35:39 AM PST by ken in texas
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To: catbertz

Wouldn’t a simple X-ray picture of the general area have sufficed?


40 posted on 01/16/2014 10:36:55 AM PST by 353FMG
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To: Osage Orange

Did anyone assume responsibility?


41 posted on 01/16/2014 10:39:13 AM PST by 353FMG
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To: Responsibility2nd

They got off easy. (no pun intended)


42 posted on 01/16/2014 10:49:31 AM PST by Hoffer Rand (If you like your plan, you can keep your plan. *Asterisk.*)
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To: 353FMG
I don't know.....

I'd think the folks doing the "stuff" would be responsible.

At SOME point in time...SOMEONE should have said,....this is WRONG!!

43 posted on 01/16/2014 10:54:28 AM PST by Osage Orange (I have strong feelings about gun control. If there's a gun around, I want to be controlling it.)
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To: Osage Orange; 353FMG
Someone did say this is wrong. FTA....
...the search warrant that was filed to search his body was valid only in Luna County but he was taken to a different county after a doctor at the local hospital refused to do the searches, citing ethical violations.
At least one person had the common sense to back off.
44 posted on 01/16/2014 11:05:35 AM PST by Responsibility2nd (NO LIBS. This Means Liberals and (L)libertarians! Same Thing. NO LIBS!!)
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To: 353FMG
Wouldn’t a simple X-ray picture of the general area have sufficed?

Are you kidding? They in fact took multiple x-rays of his pelvic region.

Regards,

45 posted on 01/16/2014 11:13:51 AM PST by alexander_busek (Extraordinary claims require extraordinary evidence.)
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To: Responsibility2nd

Millions?

I just ordered a rental car, and am heading to NM for some “action”!!


46 posted on 01/16/2014 12:50:57 PM PST by SgtHooper (If at first you don't succeed, skydiving is not for you.)
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To: Responsibility2nd

“1.6 million for two anal probes?
hmmmmm....”

Yeah, I have to pay my proctologist for that service twice a year. It’s uncomfortable but medically necessary so I submit.

Now I’m thinking about going to NM and traveling is a suspicious manner up and down the state in the hope I win the lottery.


47 posted on 01/16/2014 2:18:10 PM PST by wildbill
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To: wildbill

Twice a year???

Hmm. I think I’d change proctologists if I were you. Yours seems to “like” his work a little too much.

Kidding. I suspect I know why you go twice a year. I hope all the test results stay negative.


48 posted on 01/16/2014 2:24:58 PM PST by Responsibility2nd (NO LIBS. This Means Liberals and (L)libertarians! Same Thing. NO LIBS!!)
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To: Responsibility2nd

Worst part is the biopsies. You feel the ‘ploink’ every one of the 12 snips, even with the deadener.


49 posted on 01/16/2014 2:38:30 PM PST by wildbill
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To: Responsibility2nd

Worst part is the biopsies. You feel the ‘ploink’ every one of the 12 snips, even with the deadener.


50 posted on 01/16/2014 2:38:49 PM PST by wildbill
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