(the officers say they saw him shift in his seat and concluded that he’d put drugs up his butt)
I’ll add “sit very, very still” to my to-do list when pulled over by a cop.
Oh, wait, I’m white. Phew… Never mind.
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This gets a like and a sad.
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“I do not consent to anus searches, I mean I do not consent to any searches, including anus searches…”
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There is a New Mexico precedent.
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The hospital was complying with a court order; that might make the case for unlawful search more difficult. FWIW the judge who issued the order, Rory McMahon, is not up for reelection until 2021.
I checked out the hospital’s yelp page, was not surprised to see that almost all of the recent reviews were quite negative but was surprised to see that none of the negatives were for performing invasive procedures against the patient’s will.
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A warrant doesn’t make the procedure medically necessary, which I would think is a minimal ethical bar for administering involuntary procedures. A court order didn’t save Hidalgo County or the city of Deming from loosing the lawsuit above for doing the same thing.
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Yet two doctors declined to do the procedure despite that, before the hospital found one who was willing to comply.
Knowingly following orders that violate the law and a person’s civil rights doesn’t seem like much of a viable defense, but what do I know?
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Well, I agree, I think that all the people involved should lose their jobs, and the victim should be appropriately compensated. If the hospital was a for-profit then I might also wish damage on their board, but they are apparently part of a nonprofit consortium of Catholic hospitals.
All I am saying is that the court order might let them off the hook for some subset of the obvious charges.
Googling the judge in the case, he does not seem like a complete jackass. I am curious as to what he was thinking when he issued the order.
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Lots of people who commit crimes are like that. Doesn’t excuse the crime at all, though, otherwise “He’s not a complete jackass” would be a powerful closing argument for the defense in criminal cases.
I expect the judge will get qualified immunity, though, and others will pay for what he enabled.
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just don’t chug soy sauce.
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I didn’t mean to suggest that it did, I just want to know what was going through his head. In some of the other cases like this the judges appeared to be complete jackasses, so I can guess what they were thinking.
I expect the judge will get qualified immunity
Kind of why I mentioned his next election date.
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I swear this is true: Yesterday I encountered an autistic seeming woman who, upon hearing my name, said “You are lucky your name doesn’t spell anything backwards. My name is Lana. “
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I am seeing a lot of discussion on “alternative” things the doctors or cops could have done, that would be “less invasive”, but the reality is this:
No procedure. Not a colonoscopy, not laxitives, nothing should have been done to this man on such flimsy premises. Fuck this “alternative” bullshit. This was cops on a power trip and hospital lawyers playing CYA and a billing department just doing what they’re told. And I assign blame levels in that order.
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Just like similar cases in the past, they always find a doctor who caves and does what LEOs want. That makes me hope for the day when those doctors lose their license to practice medicine. A severe penalty might serve as a warning to unethical doctors that it’s not worth it to conduct procedures without consent.
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Rape is about consent. So this is definitely rape. No medical reason, and no consent = rape.
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Hospitals and drug suppliers refuse to supply sheriffs and prisons etc with lethal injection drugs, and practically no medical professionals comply with administering those drugs.
Just because the court may order a hospital to be complicit in a crime doesn’t mean the hospital staff have to comply.
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I tell a lie, there have been two New Mexico precedents of anal rape at the Gila Regional Medical Center, with police shopping around for doctors who were willing to perform rectal examinations without consent - one in 2012, one in 2013.
This is the second such incident in which law enforcement has brought someone to Gila Regional Medical Center suspected of concealing drugs and doctors there performed rectal exams and other medical procedures.
People might remember the GRMC from 2009, with the Twana Sparks case:
Dr. Twana Sparks, who was accused of performing non-authorized genital exams on male patients without their consent while they were under anesthesia, will not lose her medical license and has signed an agreement with the New Mexico Medical Board that allows her to continue to practice, but with numerous restrictions.
They seem to have difficulties recruiting the best staff.
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They had to pull the endoscope out, just to ram the bill back in
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When people come to me with court orders for psychotherapy, I’m under no obligation to comply.
Also, everyone has lawyers. My first phone call after an agency’s lawyer told me I had to comply would be to my malpractice insurance’s lawyer. Let them hash it out.
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Of course not, in fact one doctor at this hospital did opt not to comply. The question is where blame gets assigned if they do comply. Right now I’m leaning towards laying maximum blame on the shoulders of the judge, who had a responsibility as part of his job to say no to the police when they came to him for a court order for this sort of thing. (The police too, but that almost goes without saying these days.)
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