N.M. motorist sues over court-ordered anal searches
A New Mexico motorist who was subjected to several anal searches after a routine traffic stop has sued law enforcement officials, a hospital and two doctors.
Police detained David Eckert for not making a complete stop while exiting a Walmart parking lot on Jan. 2, and officers suspected him of concealing drugs because he "appeared to be clenching his buttocks," attorney Shannon Kennedy told KOB-TV, which reviewed medical records, police reports and the federal lawsuit.
Hidalgo County sheriff's deputies arrived with a drug-detection dog, which reportedly detected the presence of drugs near the driver's seat, TheDeming Headlightreported. A judge then signed a warrant for an anal-cavity search.
A Deming emergency room doctor refused to perform the search, calling it unethical. Eckert was then taken to Gila Regional Medical Center, where physicians cooperated despite his objections.
Two X-rays of his abdomen, three anal examinations, three enemas and a colonoscopy revealed no drugs.
Eckert alleges officers mocked, harassed and berated him, and also exposed him to a public hallway during "intimate and humiliating searches."
"This is like something out of a science fiction film — anal probing by government officials and public employees," Kennedy said.
"We follow the law in every aspect and we follow policies and protocols that we have in place," Chief Brandon Gigante told the Albuquerque station.
The lawsuit, filed in U.S. District Court in Las Cruces, claims violation of his constitutional rights, medical negligence, unfair practices, battery and false imprisonment. It names the City of Deming and officers Bobby Orosco, Robert Chavez and an Officer Hernandez; Hidalgo County Hidalgo County Deputies David Arredondo, Robert Rodriguez and Patrick Green; Deputy District Attorney Daniel Dougherty; Gila Regional Medical Center; and doctors Robert Wilcox and Okay Odocha.
The physicians, Dougherty and the Hidalgo County defendants have denied most of the allegations, while Deming officials have not responded.