Meanwhile if an actual police officer directs a private citizen to perform this kind of search, it's not only apparently legal but approved by the medical and nursing board.
The real life story is pretty sickening: an ~8 hour ordeal starting with the CDP saying "we think you have drugs" and forcibly sending an 18 year old girl to the hospital for an x-ray, in handcuffs, where she is instead invasively strip searched (with the CDP and hospital staff in audience). Nothing is found so they eventually let her go.
The court basically ruled that:
- The CDP did its job "correctly". They just need to think you did something wrong to detain you and force you to accept medical interventions.
- This was the wrong way to sue: the plaintiff must seek state-law tort action against the doctor for malpractice.
Most disturbing to me is considering just is how many people were party to whole affair, and how easily a routine, but ill-fated encounter with authority can go so wrong.
I can only hope that additional legal remediation brought some kind of justice and relief. Maybe this is yet another example of how contorted US law practice can be.
https://storage.courtlistener.com/recap/gov.uscourts.azd.985...