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Video: N.M. Man Sues Officers, Agencies, Hospital Over Anal Probes

November 07, 2013  | 

VIDEO: N.M. Man Sues Officers, Agencies, Hospital Over Anal Probes

A Deming, N.M, man is suing numerous parties, including officers and deputies, over medical procedures that were performed on him in search of narcotics following a traffic stop.

The incident began Jan. 2 after David Eckert finished shopping at the Wal-Mart in Deming, N.M. According to a federal lawsuit, Eckert didn't make a complete stop at a stop sign coming out of the parking lot and was immediately stopped by law enforcement. 

Eckert's attorney, Shannon Kennedy, said in an interview with KOB TV that after law enforcement asked him to step out of the vehicle, he appeared to be clenching his buttocks. Law enforcement thought that was probable cause to suspect that Eckert was hiding narcotics in his anal cavity. While officers detained Eckert, they secured a search warrant from a judge that allowed for an anal cavity search.

Physicians at the Gila Regional Medical Center in Silver City agreed to perform the procedure and a few hours later, Eckert was admitted.

While there, Eckert was subjected to repeated and humiliating forced medical procedures, including X-rays, digital probes of his anus, three enemas, and a colonoscopy. No narcotics were found.

Throughout the incident, Eckert protested and never gave doctors at the Gila Regional Medical Center consent to perform any of these medical procedures. In addition, Eckert’s attorney asserts that the search warrant was not valid because it was issued in Luna County and the Gila Regional Medical Center is in Grant County.

Eckert is suing The City of Deming and Deming Police Officers Bobby Orosco, Robert Chavez, and Officer (No first name given on the filing) Hernandez; Hidalgo County Hidalgo County Sheriff’s Deputies David Arredondo, Robert Rodriguez and Patrick Green; Deputy District Attorney Daniel Dougherty; and the Gila Regional Medical Center, including Robert Wilcox, M.D and Okay Odocha, M.D.

Tags: Traffic Enforcement, Drug Investigations, Lawsuits, Deming (N.M.) PD, Hidalgo County (N.M.) Sheriff


Comments (9)

Displaying 1 - 9 of 9

Tony Bloom @ 11/8/2013 2:10 PM

As a 3-decades police officer, as I hear this account, I am tempted to go the route of thinking - wow, these guys screwed up. Then I also realize, I do not have ALL of the facts. Police right or wrong in this case will be settled by those who will hear ALL of the facts - not social media soundbites that by nature will slant the story to one side or the other.

That said, I am APPAULED by POLICE Magazines presentation of this story. I subscribed to this forum thinking it was about Police and for Police. For PM to insinuate in their story that this department is guilty is blatant yellow journalism instead of professional police reporting. Using of words like "humiliating" in such a way as to insinuate wrong done to an innocent person, and listing names of officers attorneys and doctors involved as they have are the tactics of an entertainment-based public media feeder, not a professional publication for Police Officers and their profession.

And PM, this isn't your 1st time doing it.

Ima Leprechaun @ 11/8/2013 9:35 PM

I agree with Mr Bloom this is not the place for this story.

ArtB @ 11/9/2013 8:06 AM

I am most shocked at the complicity of the medical personnel. Sounds like Dr. Mengele. As to the officers, such behavior is not rally shocking anymore, that's just a fact of life.

Lenny @ 11/9/2013 10:44 PM

What in the hell is wrong with you people.

ArtB @ 11/10/2013 6:34 AM

Lenny: imagine what the comments are like on PoliceOne dot com and Officer dot com. I don't even want to look.

Tony Bloom @ 11/10/2013 7:05 AM

Under the topic of "Not Having All Of The Facts" here is an additional note. Jeri Clausing of Associated Press reports the following in coverage of this incident:

"...David Eckert, pleaded guilty to using methamphetamine in 2008. According to the lawsuit, Hidalgo County sheriff's deputies told Deming police officers that Eckert was known in the area for carrying drugs inside his body...."

This is a clear indicator that PM has only reported on a small portion of this entire incident, and as a supposed professional publication had no professional reason to write this article in a slanted fashion.

Again, whether right or wrong was done in this incident, and at what points, and to what extents, OR not, will be decided by those who will have ALL of the facts. But to you, POLICE MAGAZINE (who did not even have the professional level to publish the writer's or report's source name), choose your path clearly: professional journal, or National Inquirer sensation creator wanna-be.

ArtB @ 11/10/2013 7:45 AM

Other outlets did report past drug charges, most of which were dismissed. But you wouldn't imagine that what the officers and doctors did was far more sinister and egregious than anything you can try an pin on the victim.

mike @ 11/11/2013 8:24 AM

WOW! I'm sure the affordable care act will take care of his medical bills!!!

R G Montgomery @ 11/11/2013 12:38 PM

I'm just wondering how he got the broken leg? Look at the x-ray; the left humerus bone (right side of the photo) is clearly broken.

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