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Indiana: Motorist Sues After Officer Takes Forced Urine Sample
thenewspaper.com ^ | 05/27/2014 | n/a

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.


TOPICS: Government; News/Current Events; US: Indiana
KEYWORDS: abuseofpower; djukic; donutwatch; indiana; wod
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1 posted on 05/27/2014 10:54:59 AM PDT by Ken H
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To: Ken H; null and void

Velcome to Amerikka, comrades.

Papers, please?


2 posted on 05/27/2014 10:57:49 AM PDT by F15Eagle (1Jn4:15;5:4-5,11-13;Mt27:50-54;Mk15:33-34;Jn3:17-18,6:69,11:25,14:6,20:31;Ro10:8-11;1Tm2:5-6;Ti3:4-7)
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To: Ken H

Lets give the cop a forced catheter extraction, and see how he likes it.


3 posted on 05/27/2014 10:59:26 AM PDT by BigEdLB (Now there ARE 1,000,000 regrets - but it may be too late.)
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To: Ken H

He’ll win if the story is true.


4 posted on 05/27/2014 10:59:34 AM PDT by cableguymn (It's time for a second political party.)
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To: Ken H
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.

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.

5 posted on 05/27/2014 11:00:08 AM PDT by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: Ken H

OMGosh!

This would have been unthinkable even a decade ago! Undoubtedly we are heading into facism, with the Evil One in the lead.


6 posted on 05/27/2014 11:00:15 AM PDT by RitaOK ( VIVA CHRISTO REY / Public education is the farm team for more Marxists coming.)
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To: Ken H

Dude, I'm not liking any of this.


7 posted on 05/27/2014 11:01:26 AM PDT by billorites (freepo ergo sum)
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To: Ken H

Anybody who thinks we are not sinking into fascism is dilusional.

Officer Djuckic should be given a few catheters himself.


8 posted on 05/27/2014 11:02:14 AM PDT by ZULU (https://www.facebook.com/freejustina)
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To: Ken H

Here’s hoping he wins.


9 posted on 05/27/2014 11:02:58 AM PDT by saganite (What happens to taglines? Is there a termination date?)
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To: Ken H

It will be settled for several hundred thousand, I think.


10 posted on 05/27/2014 11:03:11 AM PDT by Pearls Before Swine
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To: Ken H

Bankrupt the damn town.


11 posted on 05/27/2014 11:03:35 AM PDT by who knows what evil? (Yehovah saved more animals than people on the ark...www.siameserescue.org.)
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To: Ken H
Sounds like Schererville is going to be handing over a boatload of dollars to Mr. Clark.
12 posted on 05/27/2014 11:04:20 AM PDT by E. Pluribus Unum ("The more numerous the laws, the more corrupt the government." --Tacitus)
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To: Pollster1

“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.

*tagline


13 posted on 05/27/2014 11:11:13 AM PDT by RitaOK ( VIVA CHRISTO REY / Public education is the farm team for more Marxists coming.)
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To: Pollster1

Without a warrant I don’t know how they can force you to provide evidence.


14 posted on 05/27/2014 11:12:19 AM PDT by Blood of Tyrants (Haven't you lost enough freedoms? Support an end to the WOD now.)
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To: BigEdLB
Lets give the cop a forced catheter extraction, and see how he likes it.

With a .45 caliber catheter.

15 posted on 05/27/2014 11:22:13 AM PDT by Charles Martel (Endeavor to persevere...)
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To: Pollster1

Deep pockets...comes to mind.


16 posted on 05/27/2014 11:25:30 AM PDT 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: Blood of Tyrants

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.


17 posted on 05/27/2014 11:25:55 AM PDT by Augustinian monk
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To: Ken H

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.


18 posted on 05/27/2014 11:26:40 AM PDT by wmfights
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To: Ken H

If all true....the cop needs to be placed in jail.


19 posted on 05/27/2014 11:26:42 AM PDT 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: Augustinian monk

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.


20 posted on 05/27/2014 11:28:15 AM PDT by rstrahan
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To: rstrahan
a colonoscopy without their consent looking for drugs.

It's for the children.

21 posted on 05/27/2014 11:32:11 AM PDT by ConservingFreedom (A goverrnment strong enough to impose your standards is strong enough to ban them.)
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To: ZULU

Hopefully he gets the largest unlubricated catheter they can find.It would serve the officer right.


22 posted on 05/27/2014 11:40:09 AM PDT by puppypusher ( The World is going to the dogs.)
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To: Ken H

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!


23 posted on 05/27/2014 11:54:50 AM PDT by varyouga
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To: varyouga
An errant anal probe or catheter once in a blue moon is a small price to pay for a decent, sober society.

Bend over big boy!

24 posted on 05/27/2014 12:00:52 PM PDT by A_Tradition_Continues (formerly known as Politicalwit ...05/28/98 Class of '98)
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To: Augustinian monk

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.


25 posted on 05/27/2014 12:02:43 PM PDT by Blood of Tyrants (Haven't you lost enough freedoms? Support an end to the WOD now.)
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To: Blood of Tyrants

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.


26 posted on 05/27/2014 12:10:49 PM PDT by The Working Man
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To: Ken H

Surprised we haven’t see the lickspittles coming out to defend this yet. “If you’re not doing anything wrong you have nothing to fear”


27 posted on 05/27/2014 12:13:44 PM PDT by StolarStorm
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To: Ken H

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.


28 posted on 05/27/2014 12:14:25 PM PDT by VerySadAmerican
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To: F15Eagle; null and void
Just another day in Confrontationville, USA.

Guess if you can't void, you still can't avoid Das Blauen Blimpen Truppers...

29 posted on 05/27/2014 12:15:17 PM PDT by kiryandil (turning Americans into felons, one obnoxious drunk at a time (Zero Tolerance!!!))
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To: Augustinian monk

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.


30 posted on 05/27/2014 12:16:39 PM PDT by VerySadAmerican
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To: Ken H

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.


31 posted on 05/27/2014 12:24:59 PM PDT by X-spurt (CRUZ missile - armed and ready.)
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To: varyouga

Please tell me there is an implied /s at the end of your comments.


32 posted on 05/27/2014 12:36:18 PM PDT by dmz
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To: StolarStorm

See post #23...


33 posted on 05/27/2014 12:41:31 PM PDT by gibsosa
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To: dmz; varyouga
Please tell me there is an implied /s at the end of your comments.

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.)

34 posted on 05/27/2014 1:03:35 PM PDT by ConservingFreedom (A goverrnment strong enough to impose your standards is strong enough to ban them.)
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To: ConservingFreedom

I hope so.


35 posted on 05/27/2014 1:06:07 PM PDT by dmz
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To: Augustinian monk

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.


36 posted on 05/27/2014 1:20:21 PM PDT by virgil (The evil that men do lives after them)
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To: varyouga

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?


37 posted on 05/27/2014 1:27:07 PM PDT by virgil (The evil that men do lives after them)
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To: Ken H

I hope he wins.


38 posted on 05/27/2014 1:28:21 PM PDT by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: Ken H

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.


39 posted on 05/27/2014 1:44:52 PM PDT by capt. norm
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To: virgil

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.


40 posted on 05/27/2014 1:51:36 PM PDT by varyouga
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To: virgil

Yes. It’s a legal fiction, of course. 75 years of big statist judges has taken its toll.


41 posted on 05/27/2014 2:02:46 PM PDT by Augustinian monk
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To: Blood of Tyrants
Without a warrant I don’t know how they can force you to provide evidence.

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.

42 posted on 05/27/2014 3:00:50 PM PDT by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: Ken H; Alaska Wolf; TexasFreeper2009; DCBryan1; Slings and Arrows; Doomonyou; napscoordinator; ...

Your Peepee Please...

JBT Ping list

43 posted on 05/27/2014 3:52:10 PM PDT by null and void (Disarm Hollywood! No Guns for Box Office!)
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To: All
 photo trust-government.jpg

Help FR Continue the Conservative Fight!
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44 posted on 05/27/2014 3:58:03 PM PDT by musicman (Until I see the REAL Long Form Vault BC, he's just "PRES__ENT" Obama = Without "ID")
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To: Ken H

But...but...but...that and the “no refusal” initiative in Texas means keeping us SAFE.

From our own DNA.

</sarc>

APD: 58 No-Refusal Arrests So Far

http://austin.twcnews.com/content/ne...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.


45 posted on 05/27/2014 7:00:13 PM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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To: Altariel
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!

46 posted on 05/27/2014 8:19:14 PM PDT by kiryandil (turning Americans into felons, one obnoxious drunk at a time (Zero Tolerance!!!))
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To: Ken H

As long as the cop made it home safely...right?!

Isn’t that what we hear from the LEO bootlickers even here on FR?


47 posted on 05/27/2014 9:24:48 PM PDT by BizBroker (There is no "radical Islam", there is only Islam itself.)
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To: Abathar; Abcdefg; Abram; Abundy; albertp; Alexander Rubin; Allosaurs_r_us; amchugh; ...



Libertarian ping! Click here to get added or here to be removed or post a message here!

48 posted on 05/27/2014 9:45:29 PM PDT by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
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To: Ken H

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.


49 posted on 05/27/2014 10:47:29 PM PDT by KoRn (Department of Homeland Security, Certified - "Right Wing Extremist")
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To: X-spurt
LEOs got to release all that pent up aggression anyway they can.

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.

50 posted on 05/28/2014 5:29:20 AM PDT by OldPossum ("It's" is the contraction of "it" and "is"; think about ITS implications.)
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