Police Abuse

Victim of Dog-Authorized Anal Assault Receives $1.6 Million Settlement

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The Associated Press reports that the city of Deming, New Mexico, where David Eckert was pulled over for a rolling stop last January, and nearby Hidalgo County have agreed to settle a civil rights lawsuit he filed after cops from those two jurisdictions forced him to undergo a humiliating exploration of his digestive tract. The city and county will pay Eckert $1.6 million, which amounts to $200,000 for each of the increasingly intrusive searches performed on Eckert at Gila Regional Medical Center in Silver City: two X-rays, two digital probes of his anus, three enemas, and a colonoscopy, none of which discovered the slightest trace of the drugs that police claim to have thought he was hiding inside himself. Eckert, whose case was first noted here by Brian Doherty, also sued various Deming and Hidalgo County police officers; the hospital, which billed him more than $6,000 for these indignities; and two physicians, Robert Wilcox and Okay Odocha, who executed the elaborate assault under the cover of medicine.

"It was medically unethical and unconstitutional," Shannon Kennedy, Eckert's attorney, told A.P. "He feels relieved that this part is over and believes this litigation might make sure this doesn't happen to anyone else." Eckert added:

I feel that I got some justice as I think the settlement shows they were wrong to do what they did to me. I truly hope that no one will be treated like this ever again. I felt very helpless and alone on that night.

Although this measure of justice is welcome, it is too bad we may never get a definitive ruling on the legality of Eckert's dehumanizing ordeal, which was inflicted based on a search warrant that police obtained by claiming a drug-detecting dog "alerted" to the driver's seat of Eckert's pickup truck. They also said he seemed nervous and was standing with his legs together, which suggested to them that he was concealing contraband up his butt. That last detail received a lot of attention, but it seems clear that the warrant would not have been issued without the alleged dog alert. The Supreme Court has said such evidence by itself provides probable cause for a search unless the suspect can show the dog is unreliable—an opportunity that does not arise until long after the search is carried out.

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74 responses to “Victim of Dog-Authorized Anal Assault Receives $1.6 Million Settlement

  1. They must have really been worried to settle this fast!

    1. Lawsuits are fine, but the taxpayers pay (as usual). When do some of these thugs get sent to jail for assault, false arrest, and violation of civil rights under color of law?

      1. Never. The police officer’s badge has become a patent of nobility. Just look at what happened in Fullerton: Murder is legal, so long as it’s done by a cop.

      2. Better to garnish the wages of all involved to make up the sum. It is so easy for them to pay off someone using our money. So we lose the money and the opportunity to change the law and also punish those who acted inappropriately. Fucked in every orifice. Again.

      3. Never for sure as long as the case is settled pre trial. When they are settled for a lump sum and then the winner says they only sued because they didn’t want anyone else to go through what they did, you know they are lying. They sued to get the money.

        I’m glad the man got the money, but I wish it had gone to trial.

        1. agreed, if it wasn’t about the money he would have pushed the trial to make sure it didn’t happen. But when someone waves a bag of cash in front of you your sympathy for the masses tends to disappear quickly…

      4. Fuck the taxpayers. Americans love their law enforcement fetish. Fuck them.

  2. How will the Deming taxpayers recover their $1.6 million? Then again, except for those who consistently voted Libertarian, they deserve the government they got.

    1. Ideally, they’d recover it from the hides of those responsible.

      1. More likely they’ll recover it by seizing the property of other sexual assault victims.

        1. No, this is good for taxpayers. See, they will give him money. He will spend the money, which, along with the multiplier, will generate more economic activity leading to more spending and more multiplier and…

          1. Whatever money you as a greedy-capitalist-false- consciousness-bourgeois-fascist-person spend, is EVIL! Whatever money is forcibly extracted from your wallet and redistributed by Government Almighty, is a GOOD thing! Don’t ye ignernt morons know ANYTHING!!?!?!

  3. “It was medically unethical and unconstitutional,” Shannon Kennedy, Eckert’s attorney, told A.P. “He feels relieved that this part is over and believes this litigation might make sure this doesn’t happen to anyone else.”

    Fat chance of that as long as all the powers that be have taxpayer revenue to pay for their actions.

    1. After all that I would hope he feels relieved.

  4. “…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.”

    I wonder of the guys who wrote that could have dreamed that there would come a time when dog would be empowered to support a warrant by oath or affirmation.

    1. Hey, a dog’s alert is bond, man.

      1. HELP-HELP-HELP, won’t someone please give me some good advice?!!? I have a most EXCELLENT tax-money-saving idea that I’d like to put in to the Departments of Our Heroic Protectors in Government Almighty all across the land, and I just don’t know WHERE to submit my brilliant money-saving idea; PLEASE help. Idea summary: REAL drug-sniffing dogs are expensive to train, feed, house, and transport. EFFIGY dogs (think sock-puppet-doggie on officer’s hand) would be FAR less expensive! Officer waves sock-puppet-effigy-dog slowly over car, says wuff-wuff-wuff quietly and softly, then reaches trunk of car, goes WOOF-WOOF-WOOF loudly and urgently, now the car can be searched! Problem solved, cost-effectively! Woo-Hoo!!! ? Now? HOW do we spread this most excellent idea? Please advise? This excellent idea brought to you by the Church of Scienfoology, see http://www.churchofsqrls.com/ ?

  5. Too bad the taxpayers will likely be on the hook for this. It would be great if the victim was allowed to perform those proceedures on the cops and docs.

    1. Did you read what the cops had to do? Paw through what the results of the forced enema, which I assume would be a watery slurry of feces, partially digested food, and blood.

      This wasn’t fun for them either, and doing it back to them holds little appeal for anyone.

      1. I have a two by four wrapped in barbed wire that I’m marketing as a colonoscope…

      2. What the cops had to do? They had to be sadistic evil fuckers?

    2. You forgot the judge who issued the warrant.

  6. Any chance the government could sue police officers for causing these settlemnts with their dumb actions?

    1. The union won’t let that happen.

  7. A dog would never want to sniff something that smells like, you know, someone’s asshole.

  8. After yesterday’s Thomas ruling I’ll take this. Although, it’s true in the end the taxpayers still suffer by having to foot the bill.

  9. He’s gonna lose about half of that to income tax.

    1. Settlements are almost always tax exempt.

      1. Really? Didn’t know that.

        Lawyer’s gonna take half anyway.

  10. And, was anyone fired or disciplined? Is the NM Board of Medicine investigating these doctors?

    Or is this just another chunk of Someone Else’s Money flushed by people who will have no accountability or consequences?

    1. I was thinking mostly the same thing.

      When do these shithead doctors face the music?

  11. Hopefully they sue the physicians/hospital. They don’t get to pass the tab on to the tax payer. That should discourage others from “following order”

    1. He sued the hospital and two “physicians”.

    1. Still an assload of money

      1. Half in taxes leaves $800k. 5% return on investment is $40k. After taxes maybe $30k.

        Still gotta work. And god knows how much the lawyers got.

        1. No taxes on pain-and-suffering settlements.

          1. Correct. Taxes only accrue on punitive awards. Used to be also on legal reimbursement but that was changed a few years back.

  12. Suit against hospital and drs is pending

    1. Good, goooood.
      /rubs hands together

  13. Did the cops get home OK that night? I saw no mention of this in the story.

  14. I hereby offer myself for anyone who wants to do an intrusive search for $200,000.

    1. The new term is “spit roasting”

    2. Warty will be by soon. Have your checkbook ready.

      1. I’m not sure what universe you think you’re in where Warty pays for what he, uh, “takes”, Hugh. All things are Warty’s to take and rape as he pleases. If you see him, please tell him I said that, and also that he’s the greatest. And to not hit me too much.

    3. I’d definitely go for two enemas for $400K. I may troll around checkpoints with a dog treat up my ass…..

  15. This makes a lot of sense dude.

    http://www.Anon-Global.tk

    1. Right? Some kind if mean joke? Have we been infiltrated?

      1. Hey, it lets us know what the pigs are thinking about this.

  16. I feel that I got some justice as I think the settlement shows they were wrong to do what they did to me. I truly hope that no one will be treated like this ever again. I felt very helpless and alone on that night.

    I see his point and given what he’s been through – would likely have taken the settlement too…

    However – modifying human behavior is carrot and stick and I doubt the amount of this settlement, or even doubling it, will make much of a difference so long as the individuals responsible are not held to account.

    & that will require the people stopping their default, knee-jerk defense of LEOs, COs, etc, etc, etc.

    Or maybe court cases which bankrupt municipalities.

    But the pain must be more than taxpayers paying fairly light funds due to LEOs and doctors raping a guy.

    1. Well, eventually those taxpayers may decide to take back control of their ‘municipal services’ instead of running around going ‘its not my problem’.

      Those cops ain’t working for free.

    2. & that will require the people stopping their default, knee-jerk defense of LEOs, COs, etc, etc, etc.

      Sadly, that will never happen.

    3. The good news is that this only settles the government portion. The cops themselves are still on the hook in pro per. So is the hospital and the doctors, so there will be more money coming.

      1. I will be ecstatic if the docs have to pay up, but I bet they don’t. Hospital probably won’t either.

  17. You would think that a town named “Deming” would have better law-enforcement processes.

  18. Deming’s about the size of Palo Verde Beetle that hasn’t eaten in a week. This should leave a mark.

    1. I grew up in the Deming area. I don’t think it has the sophistication of the Palo Verde beetle… so you need to tone down the comparison.

      Here’s the problem, the officers are still on the beat, Dr’s still performing medicine.

      Justice would have been the payout, a public apology from all involved, the firing of those who directly participated, criminal charges pressed against them, and the resignation of every official in charge of every institution involved, with possible further civil action against them and their personal assets.

      What we have again seen, is another municipality buying its way out of criminal charges.

  19. Okay Odocha

    No his name isn’t.

  20. Funny how a sack full of cash suddenly makes it all OK lol.

    http://www.AnonGlobal.tk

  21. Whoop dee do. Until the settlement money comes out of the cops’ assets, including pensions, nothing is going to change.

  22. Wow, that was a quick settlement. The suit was just filed a month ago or so, no? Before any discovery and any qualified immunity motions. That tells me there is a lot more to the story that the PD didn’t want to get out.

    The weak link here is the hospital and the doctors. The municipality will just pass its bill off to the taxpayers, and the police officers will suffer no discipline. But if hospitals and doctors know they will be on the hook for multimillion dollar settlements, possibly not covered by insurance, when they participate in this crap, then they’ll refuse when the police officers show up.

  23. I would have gone about this whole thing very differently-rather than taking a massive settlement, I would first want to disbar the doctors from practice permanently. I would then want to do the same to the police officers involved. I would want to sue to disbar the judge who issued the warrant in the first place. I would probably sue the individual doctors themselves for malpractice rather than taking taxpayer dollars. I would sue to force the policemen to pay for the costs of the procedures out of their own savings. Oh and then I would pursue criminal charges for every party involved based on “criminal sexual penetration.”

    1. I’m not sure you have the right charges pointed at the right people, but it don’t really matter….there is plenty of legal love to go around on this one and the attorneys will suck every last drop off blood they can. Hopefully this will get plenty of attention in the policing community and prevent some future transgression. Okay, never mind…

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  25. My neighbors aunt’s brother’s ex-wife’s 3rd cousins ex-grocer makes $68 billion a day by working on the internet for 38 seconds every 4th Tuesday.

    Or so I heard…

  26. what I think showed real balls was the hospital billing the plaintiff for the “services”

  27. Asset forfeiture and dog warrants are proof we live in a police state. What did previous police states look like . . . 24 hour a day abuse. This is how it progresses . . . DOG searches? FBI self-written searches?

  28. Well this headline really threw me off for a few moments, I was picturing a man getting gang raped by a pack of dogs.

    ANYWAY, financial damages against the state are bullshit. Send the assholes to jail and sue the perpetrators. This is not something the tax payers did to this man, this is something a bunch of sick and twisted fucks did to this man.

  29. they’d recover it from the hides of those responsible.

  30. The real villain in all this are the judges who gave the pigs defacto complete immunity. And because you can’t just shoot these stupid cocksuckers in the head, the only way it is ever going to change is to give it to the taxpayers good and hard. I’m not saying that is the right way. But the only way shit like this will ever change is to make the costs of behaving like a 14th century brigand as open as possible.

    If I know it is going to cost me and extra X amount of money to move to Joplin, MO for the privilege of being repeatedly physically raped, that might change my decision.

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