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Friday, January 17, 2014

Settlement in § 1983 colonoscopy case

(Sorry, I couldn't figure out a better title). David Eckert, who was subjected to an escalating series of medical procedures by police officers searching (unsuccessfully) for drugs, has settled his § 1983 action for $ 1.6 million. I previously wrote about the case and have been using the complaint in my Civ Pro class. I must admit to being slightly disappointed that we never got to hear the officers trying to argue that the law prohibting state-imposed colonscopies without probable cause was not clearly established.

Posted by Howard Wasserman on January 17, 2014 at 09:22 AM in Civil Procedure, Constitutional thoughts, Howard Wasserman | Permalink


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Was a complaint filed with the relevant medical licensing authorities? I know they ignored outright complaints against doctors who participated in torture, but they *might* show a little more spine when the war being invoked is on Drugs rather than Terror.

Posted by: brad | Jan 17, 2014 2:10:09 PM

And what, if any, repercussions for the individual officers involved?

In a "just" world, they'd be on the receiving end of criminal charges for sexual battery for this "stunt".

Posted by: looking closely | Jan 17, 2014 11:53:49 AM

Good that the lawsuits continue. But if the deputies and doctor aren't prosecuted for gang rape, the county prosecutor should be considered an accessory after the fact.

Posted by: CiceroTheLatest | Jan 17, 2014 11:09:00 AM

If it's any consolation, the suit against the deputy DA (http://www.popehat.com/wp-content/uploads/2014/01/Dougherty-Dismiss-Motion.pdf) and the physician (http://www.popehat.com/wp-content/uploads/2014/01/Wilcox-Dismiss.pdf) and medical facility, along with their respective qualified immunity defenses, continues.

Posted by: Michelle Meyer | Jan 17, 2014 10:33:01 AM

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