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DUI Suspect Sues Doctor, Hospital for Forced Catheterization

By JUDY EBERHARTER, Andrews Publications Correspondent

An Indiana man says he suffered injuries when he was catheterized without his consent after he was arrested for suspected drunken driving and taken to the hospital for blood and urine testing.

Jamie N. Lockard was stopped March 13 by police officer Brian Miller of the Lawrenceburg Police Department for allegedly failing to stop at a stop sign, according to the complaint filed in the U.S. District Court for the Southern District of Indiana.

Miller claimed he smelled the odor of alcohol on Lockard and began a DUI investigation, which included obtaining a search warrant authorizing him to obtain blood and urine samples.

Lockard was taken to Dearborn County Hospital, where Miller ordered hospital personnel to forcibly obtain a urine sample after Lockard was unable to provide one voluntarily, the complaint says.

Ronald Cheek, the emergency room physician on duty, authorized the forced catheterization, according to the suit.

Lockard says unknown hospital personnel restrained him while another employee forced a catheter into his penis to obtain a urine sample.

The complaint names as defendants Miller, the Police Department, the hospital and Cheek for allegedly subjecting Lockard to cruel and unusual punishment in violation of his Eighth Amendment rights.

The complaint further alleges that the defendants subjected Lockard to torts including battery, false imprisonment, intentional infliction of emotional distress and invasion of privacy.

Lockard is seeking damages for violation of his rights as well as for the extreme pain and humiliation he suffered as a result of the forced catheterization.

To comment, ask questions or contribute articles, contact West.Andrews.Editor@ThomsonReuters.com.



Lockard v. Miller et al., No. 4:09-cv-113 DFH-WGH, complaint filed (S.D. Ind. Aug. 31, 2009).
West's Medical Malpractice Law Report
Volume 05, Issue 09
09/17/2009

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