William B. Clark’s lawsuit also accused Schererville Police Officers Matthew Djukic and Damian Murks of falsely reporting his blood-alcohol content (BAC) at 0.11 following their May 2013 encounter, which would have placed him above the legal limit of 0.08. Officials reportedly did not provide proof of the result when Clark’s attorneys filed a motion of discovery in the criminal case against Clark, which is still pending.
Djukic allegedly stopped Clark’s vehicle after seeing him driving erratically. The suit stated that the officer smelled “a moderate odor of alcohol” in the vehicle. Murks allegedly arrived at the scene separately. The complaint also accused Djukic of illegally attempting to use a K-9 officer to search the vehicle.
Clark said in his suit, filed late last week in U.S. District Court, that he was taken to Franciscan St. Margaret Mercy Health hospital in nearby Dyer, where he provided a blood test showing his BAC was within the legal limit.
But Djukic allegedly used force to restrain Clark while hospital personnel inserted a catheter without his consent in order to draw a urine sample from him, a “painful, degrading and humiliating” incident during which he allegedly “loudly moaned in pain.”
The lawsuit also accused the hospital’s parent company, Franciscan Alliance Inc., of assault, negligence and invasion of privacy against Clark.
Clark’s attorney, Patrick McEuen, told the Times that, though Clark was found guilty of driving while intoxicated in a separate case, he believed that verdict was being appealed.
Arturo R. García is the managing editor at Racialicious.com. He is based in San Diego, California and has written for both print and broadcast media, including contributions to GlobalComment.com, The Root and Comment Is Free. Follow him on Twitter at @ABoyNamedArt
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