Don’t expect me to keep my opinion to myself. I am not an attorney. Just a lowly law student. But here is my take.

Forced catheterization is not rape. It is battery.

Does it make a difference that the patient voluntarily took cannabinoids, methamphetamine, amphetamine, and benzodiazepines? He might not be able to make rational decisions on his own. But in Arkansas, doctors (or their attorneys) are still required to petition a court for permission to override patient autonomy on purely physical treatment. A 72-hour psych hold gives the medical provider 72 hours to do as they please – assuming there is not blatant malice. But Mr. Hurst was not held for more than a few hours after what he claimed was a forced catheterization.

Hurst made a few errors that the defense and court seized upon. He called his claim a 42 USC 1983 claim. Those are only claims against government actors.

There is no indication that Hurst made a request for the production of the surveillance videos taken in the ER. If Mercy did not have a shredder like UAMS, he might have better proof. But on a motion for summary judgment, a plaintiff’s testimony about concrete, physical acts should raise a genuine dispute of material fact.

Hurst eventually figured out that forced catheterization is battery, not rape. (Rape of a male entails penetration of his anus, not his penis, according to some jurisdictions.)

Hurst did not ask permission to amend timely, according to Judge Timothy L. Brooks.

Judge Brooks said the proposed amendment would only recharacterize Defendants’ actions as “medical battery” rather than “rape.” He said that even if it had been timely submitted, it would have been futile because no § 1983 liability attaches to Defendants’ actions. Hurst mentioned torts and tort theory. He just failed to say he wanted to change the cause of action to battery.

Didn’t he know to say abracadabra and bippity boop?