Pubdate: Wed, 19 Jan 2005 Source: Edmonton Journal (CN AB) Copyright: 2005 The Edmonton Journal Contact: http://www.canada.com/edmonton/edmontonjournal/ Details: http://www.mapinc.org/media/134 Author: Jeff Holubitsky, With files from Chris Purdy STRIP-SEARCH SUIT WON AFTER 17 YEARS Enemas, X-Rays Used In Search For Drugs After Arriving At Edmonton Airport EDMONTON - More than 17 years after a woman was subjected to a strip and cavity search after arriving at the Edmonton International Airport, a judge has awarded her more than $230,000. The woman, Maria Nagy, was "railroaded by the reprehensible misconduct of the police," said Court of Queen's Bench Justice Vital Ouellette in his written decision of the case. "She wouldn't let it go," Nagy's lawyer Patrick Kirwin said Tuesday, a day after the judge handed down his ruling. "This sort of thing should not be happening in Canada." Defendants in the lawsuit include the federal government, the City of Edmonton, the Grey Nuns Hospital and several individuals. The lawsuit was prolonged by complicated technical issues and Nagy's mental condition, said Kirwin. The lawsuit says Edmonton police, acting on a tip from an informant, suspected Nagy was carrying illegal drugs when she returned to Edmonton from Budapest, Hungary, on Oct. 6, 1987, on a flight which had stopped over in Amsterdam. After she underwent a strip search at the airport, she was arrested and taken to Edmonton police headquarters where she spoke to a lawyer. From there she was taken to the Grey Nuns Hospital where a doctor directed procedures be performed on Nagy including: induced vomiting by drinking a solution, three enemas, internal cavity searches and X-rays of her stomach and abdomen. No drugs were discovered. Ouellette said he could find no evidence the police in charge had "reasonable or probable grounds" to arrest Nagy or conduct the searches. The judge also said he found there was no consent to the invasive procedures, and that the doctor's "actions constitute an assault and battery." As a result of the searches, Ouellette said he believes these events caused Nagy to suffer from post-traumatic stress disorder. The judge said the searches did contribute to her ongoing mental illnesses but they required hospitalization and treatment only after the incident. Within a year of the search, she was hospitalized with psychiatric difficulties. Her current psychiatrist described her as suffering from a major psychosis and delusions. "I accept the evidence ... that Nagy was suffering from post-traumatic stress disorder and that the probable cause or trigger was the invasive, internal cavity search of Oct. 6, 1987," Ouellette wrote. "Nagy's mental injuries have now continued for approximately 17 years." The judge awarded her $30,000 for unlawful search and false imprisonment, $150,000 in general damages resulting in mental injuries, and $50,000 in punitive damages and interest. Barbara Stratton, a lawyer for Dr. Gregory Phillips, said her client was considering options, including an appeal. The Edmonton Police Service, which is no longer responsible for the airport, said its legal advisers must study the case before commenting. Cpl. Wayne Oakes of the RCMP, which now polices the airport, but had nothing to do with the Nagy lawsuit, said each case must be decided on its merits before strip searches for drugs are conducted. "You just can't blanket say if there's drugs, the person gets down to their birthday suit," he said. "You have to have grounds to take certain steps." He said strip searches also often require a warrant signed by a justice of the peace or judge. - --- MAP posted-by: SHeath(DPFFLorida)