Liese Behringer, now 68, alleged in a civil complaint that staff at Providence Medford Medical Center staff forcibly inserted a catheter into her even though she agreed to provide a urine sample 鈥� just not in front of then-Ashland Police Officer Justin McCreadie who had arrested her. The officer, who is now a detective for the Jackson County Sheriff鈥檚 Office, had obtained a warrant for the urine sample, but not to do it with force, Behringer鈥檚 attorney, Joy Bertrand, said in court on Tuesday. The city of Ashland and Providence have both denied wrongdoing.
鈥淭his is about changing policy and practice as much as it is about this one incident,鈥� Bertrand said in arguments before U.S. Magistrate Judge Mark D. Clarke.
According to court records, Behringer pleaded guilty in July 2020 to one count of driving under the influence of intoxicants. She was sentenced to 20 days incarceration and allowed to serve the term in the community, instead of the Jackson County Jail. She also was required to pay $500 in monetary penalties.
Behringer鈥檚 complaint, originally filed in October 2021, noted Providence鈥檚 February 2020 letter to the woman, stating that the hospital reviewed the incident and found that its care provided to her was 鈥渁ppropriate鈥� to assist law enforcement, which the hospital said it is often asked to do. Providence further stated that the hospital has 鈥渘o written policy or protocol鈥� in such a situation.
Behringer鈥檚 complaint also noted a U.S. Ninth Circuit Court of Appeals ruling from 2017, which found that law enforcement鈥檚 forceful use of a catheter was 鈥渁 gross personal indignity far exceeding that involved in a simple blood test.鈥� Judges in other states, including South Dakota and California, have found the practice unconstitutional, according to the Oregonian, and similar lawsuits have also been filed in Indiana, Utah, New Jersey and Idaho.
Behringer is demanding compensation for her injuries and punitive damages to be determined at trial. Behringer also seeks an order from the court prohibiting similar conduct from Providence and Ashland police.
On Tuesday, in a hearing over the telephone, Bertrand, as well as attorneys from Providence and the city of Ashland, argued over whether another witness from the hospital was needed to answer questions about its policies and procedures. Providence sought a protection order to limit Behringer鈥檚 scope of discovery.
鈥淧rovidence doesn鈥檛 know how to respond to produce yet another witness,鈥� who would not only review evidence in the case, but answer all questions related to the hospital鈥檚 policy and procedures, said Iain Armstrong, Providence鈥檚 attorney.
Bertrand disagreed, adding the Providence attorney鈥檚 comments underscore why a deposition of an employee is needed.
鈥淲e are seeking to bind Providence and its representatives to positions in this case,鈥� Bertrand said. 鈥淭he former employees that have been deposed are simply that 鈥� they cannot bind Providence, and Providence is the defendant here. Providence has to take a position on these facts.鈥�
Bertrand said Providence鈥檚 policies and procedures regarding how it handles situations similar to Behringer鈥檚 would soon become known in court.
鈥淲hat are the policies and what were the practices 鈥� not just written policies, but what were the practices of Providence?鈥� she said. 鈥淲hat did you tell your employees was the proper thing to do when presented with this circumstance? Only Providence can answer that.鈥�
Armstrong cited state statute, which says that a licensed physician or a person under their supervision may use medical procedures to gather evidence in a criminal investigation and "shall not be held civilly liable" for those actions if they are done in a "medically acceptable manner at the request of a peace officer."
Armstrong said that if another Providence witness were called, he hoped they would address only the medical acceptability of something rather than legal analysis.
鈥淚t鈥檚 Providence's position that posing that to a health care provider or administrator is unfair and improper,鈥� Armstrong said.
He added that he did not want the hospital witness to be 鈥渢aken by surprise鈥� under questioning.
Clarke said he thought Providence could bring a witness forward to talk about the hospital鈥檚 policies and procedures, but he also thought other witnesses had already answered some of Behringer鈥檚 questions. The judge said he would craft an order soon, but did not say exactly when a decision would be made.
Correction: This story has been updated to accurately reflect Liese Behringer鈥檚 July 2020 sentence for driving under the influence of intoxicants.
