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NM Woman Sues Border Agents. Claims Sexual Assault

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Shadrack    601

Source: http://www.kob.com/article/stories/s3252382.shtml?cat=504&utm_source=dlvr.it&utm_medium=twitter&utm_campaign=kob4#.UrMmk7RdC0o

 

The American Civil Liberties Union filed a federal lawsuit on behalf of a woman from Lovington, N.M., claiming federal agents and doctors unlawfully searched her vaginal and anal cavities.

 

The woman, known only in the legal document as Jane Doe because she considers herself a victim of sexual assault, crossed a port of entry into El Paso after visiting a family friend in Juarez, Mexico, on Dec. 8, 2012.  According to the civil complaint, a U.S. Customs and Border Protection dog alerted agents to Doe. It prompted the federal agents pat her down.

 

"The agents ran their fingers over her genitalia and checked inside of her pants," said Doe's attorney, Laura Schauer Ives, of the ACLU.  "She was asked to undress. She was asked to squat and the agents peered into her cavities with flashlights and pressed their fingers into her genitalia."

 

The complaint states federal agents never found drugs, so they transported her to the University Medical Center of El Paso. There, she was allegedly subjected to unnecessary invasive medical procedures. 

   

"First the agents observed a bowl movement," Schauer Ives said.  "That didn't reveal any evidence of criminal activity. She was then X-rayed. The X-rays revealed there was no evidence of contraband or criminal activity. She was then subjected to a cavity search, both rectal and vaginal, and finally she was given a CT scan."

 

While all of this is happening, the lawsuit states the federal agents never bothered to secure a search warrant and the woman never gave any consent to these procedures. On top of that, while doctors were examining the most intimate areas of her body, doors in the exam room were open and law enforcement officers were freely walking around and looking in.

 

"Like lots of victims of sexual assault, she wonders what she did to bring this upon herself and we have assured her that she did nothing and there is no justification," Schauer Ives said.

 

The documents filed in court state, Doe was "physically, mentally and emotionally injured.  Her labia, vaginal opening and anus were left raw and sore and she felt violated, demeaned and powerless."  The document also notes that Doe has not been able to be physically intimate with her husband.

 

The University Medical Center of El Paso billed Doe $5,000 for the unwanted procedures.

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Liana    155

I'd sue them too. This is awful.

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Jub Fequois    366

Despicable. I feel sexually assaulted every time I go through airport security, can't imagine how it felt for this poor woman ?

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+Bryan R.    1,072

The documents filed in court state, Doe was "physically, mentally and emotionally injured.  Her labia, vaginal opening and anus were left raw and sore and she felt violated, demeaned and powerless."  The document also notes that Doe has not been able to be physically intimate with her husband.

Jesus Christ they f***ing raped her.

 

This exact thing happened recently elsewhere in the states too. WTF is going on...

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MorganX    1,046

I think they should #1) have had a female agent searching her. Regarding the search itself, given the geographic area and the realities of the drug trade and who mules are, I'm just not sure. The X-ray of course should have come first which would have ruled out the need to do any further cavity searches.

 

I'm sure they violated her because of her ethnicity, the fact that she was visiting Juarez (You know where the Cartels behead police and entire families in broad daylight to protect their drug trade), and because it probably happens everyday. Doesn't make it OK. But man, there are realities to drug trafficking that I'm glad I don't have to deal with.

 

This shouldn't happen again and is easy enough to fix with a review of SOPs. She could have been in and around drugs, I mean it is Juarez, and I trust the dogs, but even if she had something on her, this is not the procedure to follow.

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nullie    25

In jail they ****ing strip search, check your anus and under testicles and make you cough bent over with ass cheeks spread to check for anal contents, and they pat you down every time you leave or re-enter your cell (includes genital and breast area). Girls have to squat and hop like a frog to check for vagina contents. This is done at all prisons, state hospitals, and county/city jails across America. In addition, you can trigger more invasive responses including mouth, anal, and vagina probes with force.

 

I went through it too many times at Oregon State Hospital and Lane County Jail, even though I never had any contraband or history of it.

 

Welcome to the world of law enforcement, dumb public.

 

I feel worse for the girl cause of the unncessary dose of x-ray and CT. ****, every dose hurts, even if you don't get cancer from it. Should have used non-ionizing radiation, like terahertz or MRI/ultrasound, or just accepted the physical search. ****ing dick doctors don't care if they hurt people with these scans, at all..

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tiagosilva29    885

The dog did it for fun.

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nullie    25

The dog did it for fun.

Yeah, cause he gets pleasure out of domination just like the officers. Our law enforcement are sadistic psychopathic ****s.

 

Look at this article, you are in 10 times more danger from law enforcement beating or hurting you than from actual crimimals.

http://www.boilingfrogspost.com/2013/09/16/police-are-more-dangerous-to-the-public-than-are-criminals/

 

You also can't prosecute the cops for doing any of it. They will never be held criminally liable unless their unions disown them or target them for some type of personal gain.

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snaphat (Myles Landwehr)    414

That's the most depressing thing I've seen all day...  :/

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macrosslover    228

Customs doesn't need a search warrant or your permission to search you if you are coming into the country so I don't even know why they mentioned that as if it was an option.  If they did all the things that she alleges down to every detail then some corrective action needs to be taken.  It's normal for Customs to take people that are flagged for narcotics to a local hospital until they have a bowel movement at which points Customs assumes control of their "stuff".

 

A lot of the things that she is alleging I can believe because they are standard procedure for a lot of drug searches like this.  I can't believe that somebody started to stick the fingers in her vagina.  I think she's more butt hurt (no pun intended) that she was searched and she obviously feels violated.

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Eternal Tempest    534

Wonder if they're going to also try to stick her with the medical bills as well. 

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nullie    25

Wonder if they're going to also try to stick her with the medical bills as well. 

RTFA. $5000 Medical bill for all the exams and tests billed straight to her. Yeah, because she was in the custody of Customs, it is their responsibility legally to pay for all medical care performed. She won't have to pay a dime if her lawyers actually help her.

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Eternal Tempest    534

RTFA. $5000 Medical bill for all the exams and tests billed straight to her. Yeah, because she was in the custody of Customs, it is their responsibility legally to pay for all medical care performed. She won't have to pay a dime if her lawyers actually help her.

 

I did read the article, just over looked the last line.

Also agree, since she's innocent, she should not be responsible for any medical procedures forced on her. 

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MorganX    1,046

Customs doesn't need a search warrant or your permission to search you if you are coming into the country so I don't even know why they mentioned that as if it was an option.  If they did all the things that she alleges down to every detail then some corrective action needs to be taken.  It's normal for Customs to take people that are flagged for narcotics to a local hospital until they have a bowel movement at which points Customs assumes control of their "stuff".

 

A lot of the things that she is alleging I can believe because they are standard procedure for a lot of drug searches like this.  I can't believe that somebody started to stick the fingers in her vagina.  I think she's more butt hurt (no pun intended) that she was searched and she obviously feels violated.

 

It's hard to say. Border patrol have been known to take advantage of the area and local female populace. A minority of course. I'm sure she wasn't happy, but just how bad it was, hard to say. With a lawsuit and someone says, I'm so emotionally distraught I can't have sex, it's usually a play for punitive damages. If it happened as she describe she deserves something but not much. And when you pull the I can't have sex you're usually trying to create a case for higher damages because you know your case is really weak.

 

But, it could have happened. If their investigation shows that it did happen the way she says, they should apologize and offer a modest settlement and be done with it. And of course discipline those involved.

 

I'd say if she triggered the dog, and they took her to the hospital, she's probably just upset she got detained, and she probably was near or around drugs.

 

Now if she was dumped on the side of the road and some driver by picked her up looking lost and disheveled and this was her story, I'd be more inclined to believe it at face value.

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nullie    25

I did read the article, just over looked the last line.

Also agree, since she's innocent, she should not be responsible for any medical procedures forced on her. 

It has nothing to do with innocents or guilt. Legally, facilities are liable for all the medical needs and things that happen while the person is in their custody. For example, while imprisoned, the facility is responsible to pay for all your medical care, especially if they order it or it's found to be necessary. In the case of Customs, it was all done at their request while she was imprisoned by them, and she without medical insurance. So, they foot the bill.

 

She is only responsible if she went in on her own right and it was not done while someone else was legally responsible for her.

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Growled    3,880

It's sad what this country has turned into. 

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