A woman in Eugene, Ore., is suing a medical center and one of its physicians for allegedly forcing her to undergo a body cavity search without a search warrant or signs that she was hiding contraband, The Oregonian reported Nov. 11.
Salina Hernandez filed the lawsuit earlier in November against Lane County, McKenzie-Willamette Medical Center in Springfield, Ore., and Brian Hoyt, MD, alleging negligence and sexual battery. Ms. Hernandez is seeking up to $10 million in damages.
Ms. Hernandez was arrested on June 22, 2023, on suspicions of menacing, unlawful use of a weapon and unlawful possession of a firearm. She was then taken to Lane County Jail where she was given a "pat down and strip search" that did not produce any weapons or other contraband, according to the lawsuit.
Deputies then used an "X-ray type security machine" to further scan Ms. Hernandez's body, which also did not detect any weapons or contraband. She was then transported to McKenzie-Willamette, where a physician "agreed to perform a highly invasive body cavity search" in which the physician used his fingers and a speculum to inspect the inside of her body and record a video while Ms. Hernandez was handcuffed to a hospital bed. No contraband or weapons were found during the procedure.
The lawsuit claims that a search warrant is required to perform this type of search, which Ms. Hernandez claims was conducted without her consent. She was taken back to the jail and released that day. According to the report, she was later convicted of being a felon in possession of a firearm and was sentenced to probation.
A spokesperson for the Lane County Sheriff's Office declined to provide comment to The Oregonian, as did the hospital. Dr. Hoyt could not be reached by the publication.