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Forced Catheterization Used In DUI Case (victim was not legally drunk)
NewsNet 5 ^ | September 3, 2009

Posted on 09/03/2009 2:19:54 PM PDT by ellery

Suit Claims Police, Hospital Acted Improperly

LAWRENCEBURG, Ind. -- An Indiana man has filed a lawsuit claiming that police forcibly withdrew blood and urine from his body during a drunken driving arrest, WLWT-TV reported.

According to the suit, police arrested Jamie Lockard, 53, on suspicion of drunken driving in March.

A Breathalyzer test showed he was under the legal limit, but Officer Brian Miller doubted the findings.

Lockard and his attorney claim in the suit that police took him to Dearborn County Hospital and forced him to submit to a urine and blood test.

Police said they obtained a warrant, but Lockard's attorney said his client was shackled to a gurney and had a catheter inserted against his will.

"It has to be executed reasonably," said attorney Doug Garner. "No one would say this is reasonable behavior. It's reprehensible that anyone could think that this is appropriate."

The blood test showed that Lockard's blood-alcohol level did not exceed Indiana's legal limit, police said.

Garner said the police officer did not apologize, but instead charged Lockard with obstruction of justice.

"He took it too far. He thought he could do whatever to me," Lockard said.

The suit names the Lawrenceburg police department and Dearborn County Hospital, in addition to Miller and Dr. Ronald Cheek.

"I would hate for this to happen to someone else," Lockard said. "It was the most humiliating thing that has ever happened to me, ever."


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; News/Current Events
KEYWORDS: donutwatch; jackbootedthugs; jbt; lping; policestate
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1 posted on 09/03/2009 2:19:54 PM PDT by ellery
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To: bamahead

“He took it too far. He thought he could do whatever to me,” Lockard said.

Ping.


2 posted on 09/03/2009 2:20:35 PM PDT by ellery (It's a free country.)
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To: ellery

I wonder if the CIA could have gotten away with forced catheterization and blood draws from terrorists.


3 posted on 09/03/2009 2:23:20 PM PDT by Joe 6-pack (Que me amat, amet et canem meum)
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To: ellery
"Wow, your drunk driving tests are really hard."

Steve Martin The Man with Two Brains

4 posted on 09/03/2009 2:24:19 PM PDT by norraad ("What light!">Blues Brothers)
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To: ellery

The police ... uhhh ... acted ... uhhh ... stupidly...


5 posted on 09/03/2009 2:24:56 PM PDT by Repeal The 17th (I AM JIM THOMPSON!)
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To: ellery; Abathar; Abcdefg; Abram; Abundy; akatel; albertp; AlexandriaDuke; Alexander Rubin; ...
Garner said the police officer did not apologize, but instead charged Lockard with obstruction of justice.

Because he can.



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6 posted on 09/03/2009 2:25:16 PM PDT by bamahead (Avoid self-righteousness like the devil- nothing is so self-blinding. -- B.H. Liddell Hart)
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To: ellery

It’s now LAW in Texas.

http://www.planodwilawyer.com/2009/06/expanded-warrantless-blood-dra.html


7 posted on 09/03/2009 2:26:18 PM PDT by wolfcreek (http://www.youtube.com/watch?v=Lsd7DGqVSIc)
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To: ellery
Nail that cop to the wall. Sue him into oblivion. While I agree that a policeman has the duty (not right) to determine whether a man is driving drunk; threats, force and then charging him with obstruction because he couldn't nail him for DUI show that this cop is just one that feels like he can use his badge as a weapon. He's just a bully with a badge.

I'd prefer to see that cop as a homeless and unemployed bum, looking for a new career.

8 posted on 09/03/2009 2:26:43 PM PDT by Hodar (Who needs laws .... when this "feels" so right?)
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To: ellery
Police said they obtained a warrant, but Lockard's attorney said his client was shackled to a gurney and had a catheter inserted against his will.

He blew below the limit on the breathalyzer. That sounds like "probable cause" is out the window. The cop would have done better without the breathalyzer and just sworn that Lockard was stumbling around.

New rule for forced catheterization: provide the sample about one second before the catheter goes in and with as much force as possible to drench the thug doctor or nurse participating in it. If you're lucky the cop will be right there also to maintain the chain of evidence.

9 posted on 09/03/2009 2:26:52 PM PDT by KarlInOhio ("I can run wild for six months ...after that, I have no expectation of success" - Admiral Obama-moto)
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To: Hodar
I'd prefer to see that cop as a homeless and unemployed bum, looking for a new career.

I'd prefer to see this cop among the inmate population at his local correctional facility.
10 posted on 09/03/2009 2:30:14 PM PDT by bamahead (Avoid self-righteousness like the devil- nothing is so self-blinding. -- B.H. Liddell Hart)
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To: ellery

Forced who?

11 posted on 09/03/2009 2:33:40 PM PDT by BerryDingle (I know how to deal with communists, I still wear their scars on my back from Hollywood-Ronald Reagan)
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To: ellery
Lockard is obviously to blame here. He didn't click his heels, snap to attention, salute and shout "Seig! Heil!" with sufficient enthusiasm.
12 posted on 09/03/2009 2:35:45 PM PDT by Vigilanteman (Are there any men left in Washington? Or, are there only cowards? Ahmad Shah Massoud)
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To: ellery

He should sue to have those that administered the catheter to be forced to recieve hot scalding enemas- We’ll see who wins


13 posted on 09/03/2009 2:37:29 PM PDT by CottShop (Scientific belief does not constitute scientific evidence, nor does it convey scientific knowledge)
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To: ellery

Woah.... that guy had more done to him than the CIA did to terrorists.

Damn good thing they weren’t DRUNK or anything. Shoot planning on killing thousands is NOTHING compared with THAT.

/sarc


14 posted on 09/03/2009 2:37:56 PM PDT by Danae (- Conservative does not equal Republican. Conservative does not compromise.)
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To: All

Some of thse 50-60 year old alcoholics that have
been drinking for some 20-30+ years, regularly go for 6-12
hours at a time without a drink. A fact of life. For these still functioning alcoholics its sometimes required just to function for that days activities. Still they seem inebrieted and its just plain difficult for a cop to tell othewise, all the signs of long term brain abuse/stupidity and clumsiness(failure to touch nose or stretch arms without falling) are just as present as if they had a current count of 4-5 or more drinkiepoos in their system.
My guess is that this man is exactly what I described.


15 posted on 09/03/2009 2:39:32 PM PDT by Beeline
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To: ellery

Didn’t some guy recently sue and win a ton of money recently in an incident like this one?


16 posted on 09/03/2009 2:39:36 PM PDT by goldi (')
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To: wolfcreek
Damn well ought to be here, there is a cottage industry of lawyers who make their livings getting drunk driver off.

I'm all for civil liberties, but I am also in favor of throwing drunk drivers under the jails.

Forced catherization is going too far and since this guy blew below the limit, there was no probable cause, but I have no problem with the new Texas law and I have zero tolerance for drunk drivers.

"Don't do the crime if you can't serve the time."
17 posted on 09/03/2009 2:43:33 PM PDT by Sudetenland (Slow to anger but terrible in vengence...such is the character of the American people.)
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To: Beeline

Yep, for the “wet brained” or nearly so, a single beer can make the drunk for hours. Their bodies have gotten to the point where they can no longer metabolize alcohol, so it stays in their systems for hours.


18 posted on 09/03/2009 2:46:29 PM PDT by Sudetenland (Slow to anger but terrible in vengence...such is the character of the American people.)
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To: Sudetenland
Here in the Austin area, they used this to bust someone, at 12:15 AM after it became law.

All my drinkin is at home or letting my teetotal Wife drive.

19 posted on 09/03/2009 2:46:47 PM PDT by wolfcreek (http://www.youtube.com/watch?v=Lsd7DGqVSIc)
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To: Hodar

I wish they’d do away with all DWI laws.

Every last one of them.

Except: If you cause a DWI injury, you will go to prison for the rest of your life. A fatality and you get the needle.


20 posted on 09/03/2009 2:51:08 PM PDT by Responsibility2nd (I am Legend)
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