The forced penetration was described as "painful, degrading and humiliating."
Schererville Police Officer Matthew Djukic initiated the traffic stop, and Officer Damian Murks responded in a separate vehicle. Mr. Clark was asked to perform a Breathalyzer test, which he did.
The suit alleges that the results of the breath test were falsely reported to create a pretext to arrest Clark. The legal limit in Indiana is 0.08 BAC, police claimed Clark’s was 0.11 BAC. While on the scene, Officer Djukic searched the interior of Clark’s car with a canine, a process Clark says was done illegally.
Mr. Clark was then taken to the St. Margaret Mercy Hospital in nearby Dyer, Indiana. Clark submitted to a blood test, the lawsuit states, which showed that his BAC only 0.073 — below the legal limit. The blood test is the most accurate method to measure blood-alcohol content.
As the case against Mr. Clark began to fall apart, officers required that Mr. Clark provide a urine sample. However, Clark wasn’t able to urinate.
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