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Man sedated Against His Will during Police Search gets $125,000 from A Legal Suit – Hospital Sent Him a Balance Bill

Posted Jul 19 2009 11:04pm

The man was under suspicion of having drugs and was arrested by the police and taken to the ER room.  The medical records documented the entire process and the man was found free of possession of any drugs during the drugging and search procedure.  The kicker that may have brought on the law suit was the bill sent to the man for over $6000.00 from the hospital, obviously a bill he probably was not expecting with a diagnosis of image hemorrhoids.  If this was a balance bill, it sure cost more than the paper it was printed on. 

It cost the county $65,000.00 for the medical bills.  The reason for the police boarding the bus was that the man was behaving suspiciously.  This was a big bill for everyone involved and the court through the case out and awarded the man $125,000.00.  BD 

ALBANY -- A man who was forcibly sedated so his body could be searched for drugs that were never found will receive $125,000 under an out-of-court settlement reached recently with Albany County and Albany Medical Center Hospital. 

Clement was carrying a backpack when he stepped off a bus from New York City and was quickly confronted by investigators who suspected he may be carrying drugs.

Clement, 35, who police claim had an outstanding warrant for failing to appear in court in a neighboring city, was handcuffed and taken to a police station where he was strip-searched. No contraband was found, so Clement was taken to Albany Med, where doctors forcibly sedated him with powerful drugs against his will.

Sheriff's investigators did not obtain a search warrant for the procedure, and hospital officials did not require them to produce one. Police and hospital officials considered the matter a "medical emergency."

While Clement was under sedation, a camera was inserted in his rectum, he was forced to vomit and his blood and urine were tested for drugs and alcohol. Scans of his digestive system were performed using X-ray machines, according to hospital records obtained by the Times Union.

Clement spent more than 10 hours in custody before being released on an appearance ticket for resisting arrest -- a charge that was later thrown out by an Albany City Court judge.  "Spoke to Shirley of Risk Management," a physician wrote, documenting the medical decision-making that day. "OK to treat, sedate & remove FOB (foreign object body) against (patient's) will despite his personal refusal."

Man sedated during search gets $125,000 -- Page 1 -- Times Union - Albany NY:2905:

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