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Eugene woman sues local medical center and Lane County over search
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Eugene woman sues local medical center and Lane County over search

A Eugene woman is suing McKenzie-Willamette Regional Medical Center in Lane County and one of its doctors for allegedly conducting a body cavity search without a warrant or evidence of hidden contraband in 2023.

Salina Hernandez, 37, is seeking up to $10 million in damages and a jury trial after filing a lawsuit in Lane County Circuit Court on Nov. 1 alleging negligence and sexual assault against the county of Lane, McKenzie-Willamette Medical Center and one of its doctors.

According to the lawsuit, Hernandez claims police responded to a confrontation involving her 17-year-old son. She had gone to the scene to protect her son, but was arrested on suspicion of menacing, unlawful use of a weapon and unlawful use of a firearm.

Hernandez was then transported to the Lane County Jail where she said officers conducted a pat-down and strip search of her body. The searches revealed no evidence of weapons or contraband. Deputies also allegedly conducted a full body scan with an x-ray-style security device, which further confirmed that Hernandez had no weapons, evidence or contraband.

The lawsuit claims that Lane County policy requires that any “body cavity search may only be conducted with a search warrant” and that Lane County has never obtained a search warrant to conduct such a procedure on Hernandez. Deputies would also be expected to document the supervisor who authorized the search, the names of each person present during the search and a copy of the warrant — something Hernandez says deputies did not document.

“Despite evidence that Ms. Hernandez was confirmed not to have any weapons, evidence, or contraband through pat-downs, strip searches, and body scans, and despite the fact that Lane County had no probable cause to conduct a body search or a warrant authorizing a body cavity search, Lane County deputies transported Ms. Hernandez to McKenzie-Willamette Medical Center in Springfield, Oregon, to conduct a body cavity search,” it said. the trial.

When Hernandez was transported to McKenzie-Willamette Medical Center, a deputy allegedly told medical staff that they suspected Hernandez had “swallowed a bag or put something in her vagina.”

The lawsuit further states that Dr. Brian Hoyt, “acting without a warrant, without medical need, without patient consent, without reviewing body scanner imaging, and without performing a bedside x-ray, used a speculum to propagate the disease. Hernandez to look inside her body and used his finger to feel inside Ms. Hernandez’s rectum while she was handcuffed to a hospital bed and recorded on video.

Hernandez claims she did not consent to any procedures and believes a deputy signed an electronic form for her. Despite maintaining a doctor-patient relationship, Hoyt allegedly disregarded her denial of having a foreign object in her body and instead relied on “unsubstantiated statements by Lane County deputies” .

All searches of Ms. Hernandez’s body reportedly came back negative for the presence of weapons and contraband.

Hernandez is suing the defendants for the following charges: Dr. Hoyt and McKenzie Willamette Medical Center are being sued for one count of common law negligence, one count of negligence per se, one count of medical battery by reason of lack of informed consent, common law. sexual assault, while Lane County is being sued for common law negligence.

According to court records, Hernandez was charged on June 22, 2023, with one count of being a felon in possession of a firearm and was later convicted and sentenced to three years of probation. The criminal charges are the result of a 2018 case in which Hernandez was convicted of first-degree burglary and witness tampering.

On Friday, a summons was issued to the defendants.

Haleigh Kochanski is a breaking news and public safety reporter for The Register-Guard. You can reach her at [email protected].