Violation of Civil Rights?

David Eckert, a resident of Deming N.M. is seeking summary judgment on his Civil Rights claims against the City of Deming and Deming police officers Bobby Orosco and Robert Chavez.  The lawsuit arises out of an arrest and search incident to that arrest.  Mr. Eckert was leaving a Wal-Mart in Deming, NM when he was pulled over by the two officers for failing to stop at a stop sign.  The officers asked him to step out of his vehicle.  The officers “observed” that Mr. Eckert appeared to be clenching his butt, in an manner that made officers believe he was hiding narcotics.

The officers then had a narcotic K-9 sniff the vehicle, whom officers attest indicated drugs.  The officers then sought a warrant to search Mr. Eckert’s person, specifically his anal canal.  Once the Court issued the warrant, officers took Mr. Ekcert to a local hospital but the on-call physician refused to perform the search.  The officers were forced to take Mr. Eckert to Gila Regional Medical center, where doctors and staff performed the following:

1.Eckert’s abdominal area was X-rayed; no narcotics were found.

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 inserted four enemas.   Each 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 then X-rayed Eckert again; no narcotics were found.

6. 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.

In total from time of stop until the time the doctors conducted the colonoscopy about twelve hours lapsed.

You can read the motion for summary judgment here.