Skip to comments.Indiana: Motorist Sues After Officer Takes Forced Urine Sample
Posted on 05/27/2014 10:54:59 AM PDT by Ken H
Cops use catheter in invasive procedure against Indiana motorist whose blood alcohol level was below the legal limit.
A motorist whose blood alcohol level was below the legal limit earlier this month filed a $11 million federal lawsuit against Schererville, Indiana for allowing its police force to use a catheter to forcibly obtain a urine sample from him two years ago. On May 20, 2012, William D. Clark and Alyssa Madson were driving through Schererville on US 30. At around 11pm, Officer Matthew Djukic hit the lights on his squad car and pulled Clark for allegedly speeding.
Smelling alcohol, Officer Djukic put Clark through field sobriety tests and had him blow into a portable breathalyzer device. A drug sniffing dog was called in to search inside the vehicle, though Clark gave no consent. Officer Djukic claimed Clark blew a 0.11 on the preliminary breath screener, but no evidence was provided when Clark's attorney, Patrick B. McEuen, filed a discovery request for records last year. Clark insists the claim was fabricated.
"Plaintiff asserts that no proof exists that his portable breathalyzer test was .11, and that such proof, if in fact it did ever exist, would preclude any need for further searches and seizures of plaintiff's person and bodily fluids, including his urine and blood," McEuen wrote in papers filed with the US District Court for the Northern District of Indiana.
After being detained for about 45 minutes, Clark was taken to St. Margaret Mercy Hospital where he voluntarily provided a blood sample that produced a 0.07 blood alcohol content reading, just under the 0.08 legal limit. Officer Djukic was unsatisfied with this result and demanded Clark provide a "voluntary" urine sample.
After drinking a cup of water, Clark was unable to perform on demand while being watched. He asked for a second glass of water, but Officer Djukic refused to wait and ordered Clark to be physically restrained in a bed while a nurse stripped Clark and used a catheter to forcibly extract fluid from his bladder.
"These actions were painful, degrading and humiliating, done against plaintiff's will, and without a proper warrant, irrespective of any alleged probable cause," McEuen wrote.
Clark was then taken in handcuffs and booked for driving under the influence of alcohol (DUI). Clark argues the warrantless searches were violations of his constitutional rights, and he wants a jury of his peers to decide whether the painful fluid extraction was unreasonable.
"The acts of the above captioned defendants... were intentional, wanton, malicious and oppressive, thus entitling plaintiff to punitive damages," McEuen wrote.
Velcome to Amerikka, comrades.
Lets give the cop a forced catheter extraction, and see how he likes it.
He’ll win if the story is true.
This was clearly an unreasonable search and a violation of the right to be secure in his person. If we're willing to award $1M to someone negligently pouring coffee on her own lap, someone forcibly violated by the government deserves a whole lot more.
This would have been unthinkable even a decade ago! Undoubtedly we are heading into facism, with the Evil One in the lead.
Dude, I'm not liking any of this.
Anybody who thinks we are not sinking into fascism is dilusional.
Officer Djuckic should be given a few catheters himself.
Here’s hoping he wins.
It will be settled for several hundred thousand, I think.
Bankrupt the damn town.
“The right of the people to be secure....”, has been in File 13 for decades now, in public schools. Even law students have to dust off the Constitution, given that the focus is entirely on delivering it to the ash heap of history in favor of modern living “precedents”.
Open assault on the Constitution includes marginalizing it by increasingly silencing it in *public schools, and obviously in pockets of law enforcement training.
Without a warrant I don’t know how they can force you to provide evidence.
With a .45 caliber catheter.
Deep pockets...comes to mind.
Implied consent/public highways blah blah blah. I don’t think there is any turning back. We are rushing towards a police state at warp speed.
There was a time in my life when I almost always sided with the police. That moment has passed. I now view the police as oppressors along with the govt they serve.
If all true....the cop needs to be placed in jail.
In a similar story, a New Mexico town took two separate people to a hospital, had a colonoscopy without their consent looking for drugs. No evidence of drugs other than a “dog alerted”.
And lawsuits have ensued.
It's for the children.
Hopefully he gets the largest unlubricated catheter they can find.It would serve the officer right.
An errant anal probe or catheter once in a blue moon is a small price to pay for a decent, sober society. LEOs are trained, experienced professionals and I’d trust most of them to smell a doper a mile away.
If we don’t do it, those dang dopers will think they can safely hide dope in their butts and get our children high. Not in my America!
Bend over big boy!
Which is why I support the decriminalization of drugs. Eliminate the basis for a huge amount of power that the government has stolen and let the idiot druggies kill themselves with all the drugs they can afford. It’s win/win.
I agree, it’s the old school house principle taken to extremes. One person messes up so the whole class has to pay. They did it in boot camp too.
Surprised we haven’t see the lickspittles coming out to defend this yet. If youre not doing anything wrong you have nothing to fear
I blame the hospital staff just as much as the cop. They should all be in prison. When will this stop, people? When will the people get enough? It will happen to every one of us. Probably sooner than later.
Guess if you can't void, you still can't avoid Das Blauen Blimpen Truppers...
What’s needed is a vigilante force of millions of drivers. When someone is pulled over ten cars pull over and watch with cameras rolling. If those ten are arrested here comes another 100 cars.
Come on.... its the guy own fault. He should have had the requited sacrificial dog in the car with him and there would have been no need for all this. LEOs got to release all that pent up aggression anyway they can.
Please tell me there is an implied /s at the end of your comments.
See post #23...
It's hard to be so sarcastic on this subject that it can't be taken as a serious post. (Check his history - I'm pretty sure it was sarcasm.)
I hope so.
Implied consent when you use a tax payer funded highway? Really? Is that how they justify these things? I’m not being sarcastic. Just wowed.
LE does this stuff and we still get drunks on the highways. It’s kind of like gun control. You can pass a boat load of laws, but there’s still going to be bad apples. Meanwhile, we are having our civil right violated. We as a society need to decide what we want. Do we want to be free or do we want to be safe?
I hope he wins.
The pain of an up-the-penus catheter insertion goes way off the scale...
There’s no way to fully brace for it.
Before I got my supra public operation (a second belly button) I had to go through it.....too many times due to enlarged prostate situation (BPH) that squeezed off the normal path.
Now a Foley in-dwelling catheter closed system is my constant companion.
Driving is a privilege granted by our rulers and is conditional upon you bowing to their every whim. If you don’t like it, their shock troops will abuse you for entertainment.
Unless, of course, you know somebody and have the right card/sticker to prove you aren’t unwashed.
Yes. It’s a legal fiction, of course. 75 years of big statist judges has taken its toll.
It sounds like physical force - shoving the catheter in against his will and perhaps holding him down to do it. I'd like to hear if the thugs really did that.
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But...but...but...that and the “no refusal” initiative in Texas means keeping us SAFE.
From our own DNA.
APD: 58 No-Refusal Arrests So Far
Austin police arrested 30 people for drunken driving Saturday as part of their no-refusal initiative for Memorial Day weekend, bringing the total number of no-refusal arrests so far to 58.
No-refusal means police can instantly get a warrant for a blood draw for any drivers or boaters who refuse a breathalyzer test. Of the 30 people arrested Saturday, 10 provided breath tests and 20 had their blood drawn.
The no-refusal initiative kicked off Friday night and runs through 5 a.m. Tuesday in Central Texas.
Local law enforcement officials are reminding people to plan ahead and set up a safe ride home before they start drinking.
Killing the economy softly, with their song, killing it softly...
I refuse to drink at restaurants or bars now.
Why pay the Stupid! tax?
I should start writing letters to local restaurant owners, telling them of my fortitude in this, and wondering when their other less bright patrons are going to wise up.
Don't worry - the profit margin on a plate of fries will keep your food emporium open, business schmuck!
As long as the cop made it home safely...right?!
Isn’t that what we hear from the LEO bootlickers even here on FR?
Along withe jack booted thug cop and his town, I’d be suing that hospital along all of the involved staff there into oblivion!! I would go after all of the above individuals PERSONALLY, not stopping with the entities they work for.
You say that in jest (and I also like the part about the "sacrificial dog") but therein lies the problem. I am convinced that these LEOs are selected for their jobs because they have a high degree of aggression in their personalities. That would explain why their actions are as they are. I loath all of them. They are not the LEOs that I grew up with.