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n2doc

(47,953 posts)
Sun Sep 28, 2014, 11:53 AM Sep 2014

Judge won't grant immunity to police, doctor who medically paralyzed man for cavity search

OAK RIDGE, Tenn. – A federal judge has ruled that police officers and a physician who medically paralyzed a man to conduct a cavity search for drugs in Tennessee are not immune from prosecution.

The Knoxville News Sentinel reports (http://bit.ly/YsTsNq) the 2010 cavity search at the Oak Ridge Methodist Medical Center did turn up cocaine, and Felix Booker was charged with a federal drug crime.

The 6th Circuit U.S. Court of Appeals tossed out the case, however, saying the search "shocked the conscience" and violated the Constitution.

Booker filed a civil-rights lawsuit naming several authorities in the Anderson County Sheriff's Office and Oak Ridge Police Department, and the physician involved.


more

http://www.foxnews.com/us/2014/09/27/judge-wont-grant-immunity-to-police-doctor-who-medically-paralyzed-man-for/

79 replies = new reply since forum marked as read
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Judge won't grant immunity to police, doctor who medically paralyzed man for cavity search (Original Post) n2doc Sep 2014 OP
K&R Solly Mack Sep 2014 #1
Kicked and recommended! Enthusiast Sep 2014 #2
Just hope it doesn't become part of airport screening... (n/t) thesquanderer Sep 2014 #18
I hope it does. It would be an awesome way to make people rich. Katashi_itto Sep 2014 #21
Like this NM man? duhneece Sep 2014 #36
Yep, not pleasant. But eventually the Taxpayers will demand change. Katashi_itto Sep 2014 #55
I honestly don't think that was a big enough settlement. n/t cui bono Sep 2014 #59
Sadly, it doesn't really create the incentive for this to stop. Amimnoch Sep 2014 #61
What was the time constraint? Baitball Blogger Sep 2014 #3
There was no time constraint. They wanted to make a point. Its going to cost them, too. Good. marble falls Sep 2014 #6
It will cost the taxpayers. nm rhett o rick Sep 2014 #41
Taxpayers aren't helpless. They can vote n/t kcr Sep 2014 #53
Yes and a lot of them can drive cars also. What's your point? nm rhett o rick Sep 2014 #63
The cops are probably proud as punch they didn't shoot the guy dead to begin with. valerief Sep 2014 #4
Sounds like this post was written by a 12 year old. tritsofme Sep 2014 #5
You must be very proud of your wit. nt valerief Sep 2014 #7
Valerief, Where are these people here on DU truedelphi Sep 2014 #14
I dunno. Some offshore company employed by the Koch ilk maybe. valerief Sep 2014 #15
That should have been a hide. n/t Aerows Sep 2014 #34
As if corporations in this nation are not a big enough force to truedelphi Sep 2014 #64
lol, sometimes I've thought the same thing about you newbies! tritsofme Sep 2014 #17
Some of their latest comments: PeoViejo Sep 2014 #22
Some from deep in the dungeons of the depths of the lost souls madokie Sep 2014 #35
^^^^^^^^^^^^^^^^^^^^n/t truedelphi Sep 2014 #65
Maybe you have a reading comprehension problem???? nt Logical Sep 2014 #10
Perhaps, but the point has more than a certain amount of accuracy. Savannahmann Sep 2014 #23
The excuses they give are always the same, too, because they are *trained* to say tblue37 Sep 2014 #32
Wha grisly reminder of our day to day life here in the Police State truedelphi Sep 2014 #66
I have know some really smart 12 year-olds and some really stupid... How old are you? CBGLuthier Sep 2014 #26
I alerted on that post Aerows Sep 2014 #37
I've had this concern for years--ever since DU3 began Demeter Sep 2014 #49
Safe havens don't help either. JoeyT Sep 2014 #60
If you squint your eyes really hard when you look at DU kcr Sep 2014 #54
I hate to say it Aerows Sep 2014 #58
You escaped what should have been Aerows Sep 2014 #33
But broad based nasty attacks on public servants, are a-ok? tritsofme Sep 2014 #39
I can logically prove there are virtually no good cops. Savannahmann Sep 2014 #42
That actually doesn't even begin to prove your claim mythology Sep 2014 #44
There is a problem with your assertion. Savannahmann Sep 2014 #71
The word prove means something other than what you mashed out there... Oktober Sep 2014 #67
Too bad I wasn't on that jury...I'd have hidden it. nt msanthrope Sep 2014 #69
Yep. A personal attack Aerows Sep 2014 #70
Let's get this straight. You said "this post" which would of course would refer to your own post. rhett o rick Sep 2014 #43
LOL! Rex Sep 2014 #57
Yeah why would anyone be mad? All they did was violate civil rights. Rex Sep 2014 #56
No, that should be "the cops WERE proud as punch they didn't shoot the guy dead to begin with." A Simple Game Sep 2014 #13
The doctor who participated in that should lose his/her license. kath Sep 2014 #8
I agree with you. In_The_Wind Sep 2014 #11
Typical person who worships all that the police do. Did not want to refuse them. nt Logical Sep 2014 #12
End the drug war. logosoco Sep 2014 #9
"because they were just doing their jobs." NutmegYankee Sep 2014 #16
just following orders. See the Milgram Experiment. n/t BlancheSplanchnik Sep 2014 #20
"just following orders" awoke_in_2003 Sep 2014 #45
yep. BlancheSplanchnik Sep 2014 #46
And it stinks... awoke_in_2003 Sep 2014 #47
that it does. Take out human connections, take out empathy.... BlancheSplanchnik Sep 2014 #48
Okay for the most part... awoke_in_2003 Oct 2014 #73
really? or metaphorically? BlancheSplanchnik Oct 2014 #74
It was last Wednesday night... awoke_in_2003 Oct 2014 #75
holy crap! i am soooo sorry to hear that! BlancheSplanchnik Oct 2014 #76
I need to call the cops... awoke_in_2003 Oct 2014 #77
ugh....dammit, i cant stand it! BlancheSplanchnik Oct 2014 #78
Yes, and how many do that everyday? raouldukelives Sep 2014 #62
Just some patriotic folks do'in their job, right? In the hierarchy of justice, whereisjustice Sep 2014 #19
WTF is up with these cops? AllyCat Sep 2014 #24
"...just doing their jobs." discntnt_irny_srcsm Sep 2014 #25
Not in Wisconsin HelenWheels Sep 2014 #27
omg Liberal_in_LA Sep 2014 #28
Yay, Cops! Iggo Sep 2014 #29
I hope that physician has been banned malaise Sep 2014 #30
, blkmusclmachine Sep 2014 #31
Long jail sentences for the cops and Doctors involved Dawson Leery Sep 2014 #38
I am glad. ZombieHorde Sep 2014 #40
Good. Wella Sep 2014 #50
... progressoid Sep 2014 #51
The two cases here in NM seem to have dropped off the radar Warpy Sep 2014 #52
Excellent ruling. These fuckers need to pay. nt msanthrope Sep 2014 #68
K&R woo me with science Sep 2014 #72
Good. Jesus. n/t DirkGently Oct 2014 #79

Enthusiast

(50,983 posts)
2. Kicked and recommended!
Sun Sep 28, 2014, 12:11 PM
Sep 2014

Cavity searches should be outlawed for any and every reason. It is just uncivilized.

duhneece

(4,113 posts)
36. Like this NM man?
Sun Sep 28, 2014, 05:28 PM
Sep 2014
http://www.cnn.com/2014/01/16/justice/new-mexico-search-settlement/

CNN) -- A New Mexico man has settled with local authorities for $1.6 million after claiming police forced him to undergo "multiple digital penetrations and three enemas" on an invalid warrant and without finding any of the illicit drugs they were looking for.

David Eckert "feels gratified that the city and county acted quickly, and ... that they recognize his dignity and humanity," his lawyer, Joe Kennedy, said Thursday. "He expects that it won't happen to anyone else ever again."

Hidalgo County, New Mexico, Manager Jose Salazar, the top official in the county involved in the settlement, declined to comment on Thursday. And a CNN call to Deming, New Mexico, police Chief Brandon Gigante was not immediately returned.

Eckert, 54, who sued the county and police departments last year, said that he feels he "got some justice, as I think the settlement shows they were wrong to do what they did to me."...
 

Amimnoch

(4,558 posts)
61. Sadly, it doesn't really create the incentive for this to stop.
Mon Sep 29, 2014, 09:51 AM
Sep 2014

What really needed to happen in addition to this was each of the INDIVIDUALS responsible should be broke and owe much of all potential future earnings to this man as well. When the officers, DA's, Dr.'s start to resize they can be individually held responsible for their actions and decisions, that's when real change will happen.

valerief

(53,235 posts)
4. The cops are probably proud as punch they didn't shoot the guy dead to begin with.
Sun Sep 28, 2014, 12:16 PM
Sep 2014

Cuz that's what cops do. Kill first, ask questions later.

truedelphi

(32,324 posts)
14. Valerief, Where are these people here on DU
Sun Sep 28, 2014, 12:41 PM
Sep 2014

Coming from these days?

(From one DU old timer to another.)

valerief

(53,235 posts)
15. I dunno. Some offshore company employed by the Koch ilk maybe.
Sun Sep 28, 2014, 12:47 PM
Sep 2014

Maybe it's just someone totally ignorant of the massive number of unwarranted violent police assaults on Americans. But more likely someone paid to harass DUers. Or some stupid Fox/CNN viewer (the only kind they have).

truedelphi

(32,324 posts)
64. As if corporations in this nation are not a big enough force to
Mon Sep 29, 2014, 02:38 PM
Sep 2014

Be doing exactly as the author of "Toxic Sludge is good for you" repeatedly explained they did in his best sellng book.

Or as the succinct Amazon book review stated: Common Courage’s number one seller blows the lid off of today's multi-billion-dollar propaganda-for-hire PR industry, revealing how public relations wizards concoct and spin the news, organize phony "grassroots" front groups, spy on citizens and conspire with lobbyists and politicians

madokie

(51,076 posts)
35. Some from deep in the dungeons of the depths of the lost souls
Sun Sep 28, 2014, 05:28 PM
Sep 2014

some from the depths of the dungeons of FR I'm sure.

 

Savannahmann

(3,891 posts)
23. Perhaps, but the point has more than a certain amount of accuracy.
Sun Sep 28, 2014, 01:12 PM
Sep 2014

Video Surveillance allowed the truth to come out in this case, one of dozens, even hundreds, where the police used excessive violence without even taking the time to determine what the situation was.

http://www.nbcdfw.com/news/local/Surveillance-Video-of-Dallas-Officer-Involved-Shooting-Raises-Questions-228284421.html

The most recent one (I am aware of) from South Carolina. Perhaps you heard the cop was charged after this video was viewed.

http://www.people.com/article/south-carolina-police-officer-shoots-unarmed-suspect-dashcam

This fellow was unlucky. He didn't survive being shot at least sixty times. The Police didn't allow paramedics to attend to the victim for over an hour.

http://www.huffingtonpost.com/2011/05/25/jose-guerena-arizona-_n_867020.html

By the way, the search warrant turned up NOTHING. Despite claims that the victim fired first, now we KNOW he never fired a shot, and his safety was still on. My best guess is he shouted down the hallway that he was armed and the intruders must leave. The Police opened fire blazing down the hallway with automatic weapons. I judge that since they fired some seventy rounds in less than seven seconds.

You may believe her statement is juvenile, but these lists seem to indicate there is a real problem with police killing a lot of people. Far too many for them all to be genuine threats to the officers life. If there was THAT MUCH THREAT there would be a lot more dead cops.

http://en.wikipedia.org/wiki/List_of_killings_by_law_enforcement_officers_in_the_United_States_2014

So you can put me on the side of the 12 year old sounding Valerie. Because the cops do tend to be shoot first and ask questions later. The one thing I believe she left out is the questions they ask are what routine lies they are going to write to justify the shooting.

tblue37

(65,377 posts)
32. The excuses they give are always the same, too, because they are *trained* to say
Sun Sep 28, 2014, 04:59 PM
Sep 2014

(1) he went for my gun, (2) he lunged at me, (3) he reached for his waistband, (4) I thought I saw a weapon, (5) I was in fear for my life--and a couple of other such claims that we are all familiar with, just as we are familiar with the cops chanting in a monotone, "Stop resisting arrest," as they brutally beat an unresisting victim who is often already handcuffed.

We also know that some cops carry untraceable "drop guns" to support their claims that the person had a weapon.

They are taught to use these "Get out of jail free" cards. The simple fact that the same claims are constantly trotted out in the same words is fairly strong evidence that they are widely taught, prefabricated excuses.

truedelphi

(32,324 posts)
66. Wha grisly reminder of our day to day life here in the Police State
Mon Sep 29, 2014, 03:15 PM
Sep 2014

Formerly known as the United States of Amrerica.

I guess we spread out our democracy so far - to Vietnam, to Grenada, To Central America, to Iraq, that it is totally worn away here.

CBGLuthier

(12,723 posts)
26. I have know some really smart 12 year-olds and some really stupid... How old are you?
Sun Sep 28, 2014, 02:16 PM
Sep 2014

fill in the blank for us, please.

 

Aerows

(39,961 posts)
37. I alerted on that post
Sun Sep 28, 2014, 05:37 PM
Sep 2014

and it came back a 3-4. I also opened a thread on Ask the Admins.

If shit like that continues to stand, there is going to be no reason to even bother to post here because the trolls will have taken over. That poster has never contributed anything but borderline trolling to the conversation, but gets a pass. He also has a friend or two, here, and it is frustrating to alert on obvious personal attacks on good DU members only to have them remain.

We have moderation on DU, but we have extremely iffy moderation.

 

Demeter

(85,373 posts)
49. I've had this concern for years--ever since DU3 began
Sun Sep 28, 2014, 10:49 PM
Sep 2014

There are safe havens, but being a stubborn Pollack, I tend to venture out where angels fear to tread...when I have the time.

The abuse of the Jury system by these trolls is my biggest concern. Too much of that going on.

JoeyT

(6,785 posts)
60. Safe havens don't help either.
Mon Sep 29, 2014, 03:55 AM
Sep 2014

Pretty much every even remotely contentious safe-haven has a troll brigade that monitors for anything even remotely alertable and fires it off to juries that aren't members of that group. So your safe haven is a haven only as long as you don't offend the sensibilities of people outside of it.

kcr

(15,317 posts)
54. If you squint your eyes really hard when you look at DU
Mon Sep 29, 2014, 12:51 AM
Sep 2014

And really make the definition of moderation broad, we have moderation on DU. It's pretty crappy.

 

Aerows

(39,961 posts)
33. You escaped what should have been
Sun Sep 28, 2014, 05:21 PM
Sep 2014

a very valid hide because it was personal attack.

Count your blessings.

tritsofme

(17,378 posts)
39. But broad based nasty attacks on public servants, are a-ok?
Sun Sep 28, 2014, 06:12 PM
Sep 2014

Strange times we live in.

I will say it is nice to know I've won something today, especially after the pitiful performance the Bears had out on the field this afternoon, so thanks for that at least, takes some of the sting away.

 

Savannahmann

(3,891 posts)
42. I can logically prove there are virtually no good cops.
Sun Sep 28, 2014, 06:50 PM
Sep 2014

Disprove it if you can.

Fact. When excessive force is discovered, normally by video the police were unaware of, all the reports of the incident match, but do not match the video. There are two explanations for this. The officers involved took time after the event to concoct a plausible story. This would be at a minimum conspiracy, a felony. There are too many such incidents to justify this argument though. Too chancy that one of the notional good cops would refuse to go along. Too risky to use the excessive force, and would not explain the chanting of stop resisting that all the cops say.

Option two. Each officer is trained to lie. This would preclude the need to get the stor straight in detail. It could be managed with a simple he lunged at me. If you lie when describing events where life and limb is lost. You can not be a good cop. You are lying under oath. Perjury is a felony.

The last good cop was Frank Serpico. Interesting isn't it that none of the cops who lie about the incident are ever punished.

 

mythology

(9,527 posts)
44. That actually doesn't even begin to prove your claim
Sun Sep 28, 2014, 09:18 PM
Sep 2014

Your argument is based on an assumption that you haven't even tried to prove. You can say that when video is available on excessive force claims, the police reports don't match the video. But you have provided exactly zero statistical evidence of this. You can obviously point to instances, but you're relying on a biased source in that the media will more likely to report on things like protests or obviously wrong situations. How often do claims of excessive force dissipate when the video does match and thus never make the news? You don't know that. It would be possible to find out, but that would require a lot of work.

But here's a statistic that works against your theory that there are virtually no good cops. The complaint rate for police excessive use of force was 6.6 per 100 officers. That's the complaint rate, not the rate at which evidence of excessive use of force was found.

The evidence isn't there at this point to support the assumption you start your logical proof with. That isn't to say that you're wrong, but you haven't presented anything to support it.

http://journalistsresource.org/studies/government/criminal-justice/police-reasonable-force-brutality-race-research-review-statistics

 

Savannahmann

(3,891 posts)
71. There is a problem with your assertion.
Tue Sep 30, 2014, 06:12 AM
Sep 2014

It isn't backed up by any logic. Police always say that the force was justified, even when they lose the resulting lawsuit. Let's look at the actual results of tests shall we instead of the propaganda posted.

FACT. Rialto California required police to wear body cameras. Use of force dropped not six percent, but 60%. Complaints about the police dropped a whopping 80%. So why was that? The Chief of police pretends that's because the people were told they were being videotaped. Yeah, that's the ticket. The truth is obvious to anyone with any grey matter between their ears. No longer would stop resisting lies work if the suspect was on the tape obviously not resisting.

Additionally the police will be caught lying on tape. Here is but one example, just one.

&list=TLzom7u92MrBO-DPHDavU0FGJHLu2aDGwS

 

rhett o rick

(55,981 posts)
43. Let's get this straight. You said "this post" which would of course would refer to your own post.
Sun Sep 28, 2014, 06:50 PM
Sep 2014

For the record you're right on the money.

 

Rex

(65,616 posts)
56. Yeah why would anyone be mad? All they did was violate civil rights.
Mon Sep 29, 2014, 01:13 AM
Sep 2014

Cops act like 12 year old bullies with guns.

A Simple Game

(9,214 posts)
13. No, that should be "the cops WERE proud as punch they didn't shoot the guy dead to begin with."
Sun Sep 28, 2014, 12:39 PM
Sep 2014

I seem to think they are now regretting not shooting him dead.

kath

(10,565 posts)
8. The doctor who participated in that should lose his/her license.
Sun Sep 28, 2014, 12:22 PM
Sep 2014

talk about violating the Hippocratic oath...
disgusting.

logosoco

(3,208 posts)
9. End the drug war.
Sun Sep 28, 2014, 12:31 PM
Sep 2014

Finding this cocaine does not seem to serve society in any positive way. Plus it must have cost the taxpayers a lot of money for this procedure.

NutmegYankee

(16,199 posts)
16. "because they were just doing their jobs."
Sun Sep 28, 2014, 12:48 PM
Sep 2014

I absolutely hate that cop out line. Everyone abusing their authority is "just doing their job". Kidnappers and assassins are just "doing their job". The men stuffing people into gas chambers at extermination camps "were just doing their job".

That should never be an excuse for evil.

BlancheSplanchnik

(20,219 posts)
48. that it does. Take out human connections, take out empathy....
Sun Sep 28, 2014, 10:30 PM
Sep 2014

And you're constructing a psychopathic system. Maybe that's inherent in large systems necessary for people-management. The more impersonal, the better, for authoritarianism.

I'm good, woke, thanks!
How you doin?

 

awoke_in_2003

(34,582 posts)
75. It was last Wednesday night...
Wed Oct 1, 2014, 07:55 PM
Oct 2014

around 1145 PM. I am sitting at a light behind another car. The light changed, and the guy didn't move. I honked, nothing. Then someone slammed into my rear at about 30 MPH. I got out, but he took off (always have the camera ready). I was in my F150, which has a steel bumper and steel bumper brackets. He actually cracked the driver's side bracket. It took a few days, but when the pain came it didn't fool around. Oh, the guy I was behind was passed out drunk with his foot on the brake. The cops finally got him awake.

 

awoke_in_2003

(34,582 posts)
77. I need to call the cops...
Wed Oct 1, 2014, 08:03 PM
Oct 2014

I had chased him, but he drove faster than I was willing to. He tripped a redlight camera, though. The cops were unsure as to whether they could gain access to that. Down here, private companies get permission to put them in, shorten the yellow light time, and give the city 30% of the take. It is a scam all around.

BlancheSplanchnik

(20,219 posts)
78. ugh....dammit, i cant stand it!
Wed Oct 1, 2014, 08:10 PM
Oct 2014


I sure hope they catch him...the kind of person who does that to people....grrrrr. Better for everyone if he gets what he deserves!

raouldukelives

(5,178 posts)
62. Yes, and how many do that everyday?
Mon Sep 29, 2014, 11:26 AM
Sep 2014

Denied a health care claim? Just doing my job. Lost your home? Just doing my job. Poisoned your water supply? just doing my job. Plunged the climate into an irreversible death spiral? Just doing my job.

Well, good job.

HelenWheels

(2,284 posts)
27. Not in Wisconsin
Sun Sep 28, 2014, 02:16 PM
Sep 2014

As a nurse who worked in corrections for 15+ years I never assisted in helping with drug searches on inmates. That is something nurses are not and should not be asked to do.

malaise

(269,008 posts)
30. I hope that physician has been banned
Sun Sep 28, 2014, 03:26 PM
Sep 2014

from practicing medicine for the rest of his life. Lock them both up!
Are these fuggers crazy?

ZombieHorde

(29,047 posts)
40. I am glad.
Sun Sep 28, 2014, 06:15 PM
Sep 2014

The police and the obedient seem very dangerous to me, and they may need to be locked up for our protection. Though I would prefer less drastic measures if possible.

Warpy

(111,266 posts)
52. The two cases here in NM seem to have dropped off the radar
Mon Sep 29, 2014, 12:40 AM
Sep 2014

so I imagine the people the cops brutalized were paid off handsomely enough to sign a gag agreement.

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