Motorist Sues Indiana Police After Being Forced to Give Painful Urine Sample
William Clark has filed an $11 million lawsuit against Schererville, Ind., police officers Matthew Djukic and Damian Murks, and a local hospital after he was forced by the cops to give a urine sample via catheter. The sample was demanded despite the fact that his blood alcohol level was below the legal limit.
Clark and his passenger Alyssa Madson were driving through Schererville on May 20, 2012, when they were pulled over by Officers Djukic and Murks for allegedly speeding.
Officer Djukic conducted field sobriety tests on Clark, who blew into a breathalyzer device, reports TheNewspaper.com.
Officer Djukic claimed that Clark blew a 0.11 on the breathalyzer (the legal limit is .08), but provided no evidence when Clark's attorney requested those records in 2013.
Clark was detained for about 45 minutes and then taken to a nearby hospital, St. Margaret Mercy Hospital, where he reportedly gave a blood sample with a 0.07 blood alcohol content, which is under the legal 0.08 legal limit.
Officer Djukic allegedly ordered Clark provide a "voluntary" urine sample.
Clark was unable to provide the urine sample while being watched by the police, so Officer Djukic allegedly physically restrained Clark while a nurse pushed a catheter into his penis to get urine from his bladder.
Clark's lawsuit claims that he "loudly moaned in pain" and said the incident was "painful, degrading and humiliating," reports NWITimes.com.
Clark was then arrested for driving under the influence of alcohol (DUI).
In his lawsuit, Clark claims the warrantless searches violated his Constitutional rights. Clark's lawyer argues that if his client tested too high on the breathalyzer, as police say, then there was no reason for a blood and urine test.