Thursday, November 7, 2013

Raping The Constitution - Just Another Day in Deming NM

(I'm cross-posting this, because there's way too much crossover applicability to the medical field going on here. - A.)

Caveat: Good cops are worth their body weight in gold. Bad ones can - and should - be melted down to make fishing sinkers.

"Welcome to Deming NM, where the only safe @$$holes wear badges!" - proposed sign for the Deming NM Chamber of Commerce to put up at city limits

Yes, I'm late getting to this, because everyone else is having so much fun with it.

First, the LINK.

Now, the highlights:

One Mr. Eckert, of southern New Mexico, having concluded his shopping at a local Wal-Mart last January 2nd, did a rolling not-quite-a-stop as he left the parking lot, and was immediately selected to donate to the town's tax coffers pulled over for a  moving violation by the Deming PD.
Whereupon, for this grave breach of public order and safety, he was ordered to exit the vehicle.
(WTF. Why?? For a ticket, all you need is a promise to appear, and normal observables for citing officers don't include the behavior of your ass muscles.){Update: Aha! Because their Talking Dog told them! More later.}

Whereupon, based on personal observation, and a career familiarity with proper buttocks etiquette, Officers Assclown and Dipshit decided that the driver was almost certainly clenching his cheeks to maintain an imaginary stash of illicit narcotics in his booty hideout.
Whereupon they contacted and received from a local graduate of New Mexico's finest internet law school and all-night taco stand judge a search warrant for the anus of the motorist in question.

Apparently in Luna County, NM, probable cause of no more than some jackassical officer's desire to have a peek up your ass is sufficient to set aside the entire Bill Of Rights.
There's doubtless a thumping sound coming from the vicinity of 77 graveyards as the signers of said document spin in their graves.

Our brave butt pirates in blue took him to a local Deming ER, whereupon the medical professional on duty told them not just no, but Hell NO! because performing such a procedure, warrant or no, was a violation of his professional ethics. Doctors typically bill separately from the hospital, so this guy's medical group should award him an on-the-spot 5-figure cash sum for sparing them the lawsuits and ridicule to follow, a sum that should be matched by the hospital out of sheer gratitude. And if the AMA has an Ethics prize, this unnamed doctor just won it for 2013, whether they acknowledge it or not.

Undeterred by such flawless ethical reasoning, Officers Assclown and Dipshit, assisted at some point by Officer Shitforbrains, and later joined by Hidalgo County sheriff's deputies Bumblefuck, Stumblefuck, and Bufflefuck, trundled the motorist outside the county limits (and the limits of the jurisdiction of said search warrant, nota bene) to the Gila Regional Medical Center in Silver City NM, in Hidalgo County, where the local disciples of Dr. Mengele were more than happy to use a search warrant from an alleged judge in another county as a pretext for an epic butt-fishing expedition.

As noted in the federal filing complaint and linked story, the motorist was then subjected to the following:

1. Eckert's abdominal area was x-rayed; no narcotics were found.
{Nota bene that at this point, it ceased being a search, and the torture began. - A.}
2. Doctors then performed an exam of Eckert's anus with their fingers; no narcotics were found.
3. Doctors performed a second exam of Eckert's anus with their fingers; no narcotics were found.
4. Doctors penetrated Eckert's anus to insert an enema.  Eckert was forced to defecate in front of doctors and police officers.  Eckert watched as doctors searched his stool.  No narcotics were found.
5. Doctors penetrated Eckert's anus to insert an enema a second time.  Eckert was forced to defecate in front of doctors and police officers.  Eckert watched as doctors searched his stool.  No narcotics were found.
{At this point chronologically, after failing to notice that the warrant itself was invalid in their locale, no one noticed that the time limit for said warrant had also expired even if it had been a valid warrant. Which it wasn't.}

6. Doctors penetrated Eckert's anus to insert an enema a third time.  Eckert was forced to defecate in front of doctors and police officers.  Eckert watched as doctors searched his stool.  No narcotics were found.
7. Doctors then x-rayed Eckert again; no narcotics were found.
8. Doctors prepared Eckert for surgery, sedated him, and then performed a colonoscopy where a scope with a camera was inserted into Eckert's anus, rectum, colon, and large intestines.  No narcotics were found.
Throughout this ordeal, Eckert protested and never gave doctors at the Gila Regional Medical Center consent to perform any of these medical procedures.

This all took place in January 2013, and while it's a wonderful practical demonstration of Obamacare a few months early, like most of the activities of the current president, it's also a wee bit afoul of tiny details like the Bill of Rights and that pesky Constitution thingie.

My original response to that catalogue of nonsense was to a fellow online commentor who wondered why they didn't "just give him a dose of salts, and wait for the results" is as follows:

Because he has the legal right to refuse anything and everything. The only thing that can be done to anyone without their own consent in the ER is drawing blood for alcohol/drug tests, and administering emergency psych medication and strapping them down when they're actually violent and a danger to themselves or others (by which I mean swinging punches, kicking, and frothingly Hannibal Lecter bite-happy, not merely enamored with dropping F-bombs due to a lack of serotonin or social graces).

For everything else, they can tell everyone up to and including the President to "Eff off" with a mere 500 years of English Common Law and the full faith and credit of the U.S. Constitution on their side, something I regularly have to remind both cops and doctors of, but which our Legal Dept./Risk Mgmt. drones pound out in memos about 3X/yr.

Evidently somebody forgot to tell the local gauleiter, statspolizei, and the local disciples of Dr. Mengele in this instance that this sort of behavior was rather discredited post-1945.

Remember this when someone tells you the average h.s. grad doesn't need to know civics and political history for life beyond the 12th grade.

"These guys need to be locked up."

Letting the punishment fit the crime dictates that during confinement, they also be placed in restraints - by court order - and ass-raped by convicts repeatedly.
It's also funnier that way.

And for the record, every medical professional who didn't say not only "no" but "Hell no!" at the offending facility, from the lowest clerk up to the attending physician, just forfeited their licenses to practice, everything they own, and the next 10 years of their lives, at minimum.

Whether anyone admits it or not, this victim is on the short list to becoming the new co-owner of that entire hospital. This is a $20M judgement, and that's if it never gets to a jury's ears. He'd be crazy to settle for anything less than that, and if he has competent counsel, they've made that clear to him.

If it were me, I'd let them off with $5M in damages, provided they all stood in the town square for a week while any resident of the city limits was permitted to come up and kick them in the crotches as hard as they desired, once apiece.

And in all probability, Eckert was still issued a citation for the moving violation, and the medical center sent him a $6000 bill for sexually assaulting and humiliating him with glee multiple times, and showing a shockingly reckless disregard for anything we normally associate with professional ethics or common sense.

But, as countless late-night infomercials have told us, "Wait - there's MORE!"

They've done this before!

And come to find out, the original suspicion in both cases was the K-9 partner of Officer Shitforbrains: Leo the Ass-Sniffing Drug Dog!

Whose Crack Hound certification as a drug dog expired in 2011, at least a year before both incidents. Thus neither the dog, nor the probable cause, passed the smell test.

Not to mention that he doesn't know drugs from dirty underwear, and the false positives in both such notable occasions were ignored by everyone from Officer Shitforbrains to the Chief, because ass-raping both the citizenry and the Constitution in Deming and Hidalgo County is apparently so commonplace there that it doesn't even rate a yawn.

And notably, they again took their prospective butt-rapee to the same Gila Regional Medical Center in Silver City. One might notice a pattern here.

To the disciple(s) of Dr. Mengele working at that particular would-be Nazi Concentration Camp Processing Station and Sexual Assault Training Camp brilliant example of what you get when you make doctors the tools of the government at Gila RMC, particularly the really really questionable ones who should probably have been flunked before licensure, and be dissecting cattle for the local butcher shop instead of practicing medicine last seen at Auschwitz circa 1944, and best left there:
Show some self-respect, and burn down your hospital, for the good of all mankind, not least of which includes the local citizenry.
And then, please, if you personally had anything whatsoever to do with participating in the above or similar incidents, with all dispatch, go home and hang yourselves, as a mark that you have some shred of personal honor and a sense of shame.
Or turn yourselves in and become State's Evidence witnesses, and offer a full confession. It's the very least you can do, and clearly long overdue.

And one wonders just how many times this sort of outrageous conduct will have to be repeated before the Governor of New Mexico directs the State Police to step in, suspend the entire city of Deming Police and Hidalgo County Sheriff's Departments, and take over both until further notice to restore the rule of law and order, after referring both and any other such matters (and if they've done this twice, they've probably done it twenty times) to the state's Attorney General for some rather speedy and sweeping show trials in Albuquerque, ideally no later than close of business Friday.

When the U.S. Attorney for New Mexico will commence an investigation into the issuance of dodgy search warrants by judicial jackholes in and around Luna County has not been addressed, even by reporters who should know better. C'mon, counselor, this is an easy ticket to Congress or the governorship, and looks to be as hard as shooting fish in a barrel. Jump right in.

No points for guessing the winners of the 2013 Jackbooted Thugs Of The Year Award, by miles.

Nuke the site from orbit. It's the only way to be sure.

And please, for the love of all that's holy, it's long past time for SCOTUS to revisit the Fourth and Fifth Amendments relating to automobile and personal searches during traffic stops, and the admissibility of using drug dog "testimony" as probably cause for doing anything but handing out Milkbones. I pray that counsel for plaintiff uses some of the undoubted civil damages in this case to seek redress at the highest level for what has become a long train of abuses and usurpations of the Constitution, evincing a design to reduce us all under absolute despotism. Jefferson had a solution for that. What say let's nip things before we go there?


  1. I literally got sick to my stomach reading this. There is NO amount of money that can make up for his horrific experience. The participants need to go to prison for torture/rape/assault, not just lose their jobs.

  2. Yep, I'm cancelling my New Mexico vacation plans. Sheesh. So much for civil liberties.

    That being said, while I like your punishment suggestions for the Kops who perpetrate such, well, acts of ass-hattery (not to mention violations, literally, of the rights of the individual, general ethics, and the spirit of healthcare), may I suggest another?

    Have the perps serve as 1:1 safety companions. But not for the sweet, slightly demented, line-pulling, bed-jumping Grandpa. No, siree. . .I want these jerks to have the following assignment:

    Room temp: 84 degrees Farenheit
    Contact Precautions: C-diff
    Droplet Precautions: Influenza and/or TB, facility choice
    PPE available: plastic gown (no Tyvek), respirator (oh, yeah, for the fit test, I'd like theirs to be the odor of GI bleed, mixed w/lactulose diarrhea and empyema. Heh heh.)

    Miscellaneous: Patient is positive for Hep A-Z, a spitter, must be turned Q1 hours, weighs 758 lb but no bariatric beds or ceiling lift are available, and having liquid stool (but their rectal tone makes inserting a fecal management system pointless). Patient must also be withdrawing from both alcohol and heroin abuse.

    Bonus points: Patient will only watch MTV, abusive language continually, and a hard-to-impossible stick, so for every peripheral removed by patient, shift is extended 12 hours. Don't forget - restraint free facility. Abusive family members working continually to agitate patient available by prior arrangement.

    Oh yeah: Family members using every available chair, and no one is available to break Officer Jerk-cum-Safety Sitter.

    Yeah, that might fix this problem.

  3. Another question here--Even if someone is a "medical professional" who thinks it is OK to "assist the police" in their searches with procedures without a medical purpose, at what point does one come to the conclusion that there is nothing unusual up a particular ass that wasn't put there by the "professional"? I'm a layman, but it seems to me that after the first digital exam and enema you'd reach a point of diminishing returns.

  4. They were at that point after the initial x-ray.

    If they'd stopped at that point, even theough the entire visit was illegal under the invalid search warrant, we likely would never have heard of this.

    For some reason, juries see shoving your fingers up someone's keester as a bit more egregious than snapping a picture of them. When you go for the glove twice, plus three enemas with public observed defecation, and then tack on sedation and surgical procedure far beyond anything allowable outside of, say, North Korea, the number wheels on the cash judgement award start spinning like the national debt clock.

    This still merits prison time all around though. It wasn't just a party foul search, it was a gang rape under color of authority. We've invaded countries within the last decade for this sort of thing.

  5. Here's "the rest of the story," as Paul Harvey used to say:

  6. Not quite. He only settled with the city/police. He has not settled yet with the hospital or asshat doctor because they refuse to take responsibility.

    (I love your blog!)