New Mexico Man Settles Lawsuit After Drugs Not Found During Rectal Exam

By Mónica Ortiz Uribe
January 14, 2014

Attorneys for a Southern New Mexico man who sued police for subjecting him to a rectal exam have settled the case.

David Eckert was subject to multiple exams and a colonoscopy at a hospital in Silver City after police stopped him for a traffic violation in Deming last January.

According to the police report, officers suspected Eckert of hiding drugs inside his body and obtained a search warrant. After multiple examinations, no drugs were found.

Eckert's attorney argued the searches were done without probable cause and without Eckert's consent. As part of a settlement reached last month, the city of Deming and Hidalgo County will pay Eckert $1.6 million.

A lawsuit is still pending against the hospital and doctors who participated in the examinations.