Minneapolis man sues police, county for forced body cavity search

A Minneapolis man who underwent a forced body cavity search is suing Minneapolis police and others for the 2015 incident, which was ruled unconstitutional by the Minnesota Supreme Court.

Guntallwon Brown filed suit Thursday against the Police Department, officers Bryce Robinson and David Menter, other unnamed officers, Hennepin County, Hennepin Healthcare System and several of its employees, including Dr. Paul Nystrom and other unnamed staff.

The cavity search involved Nystrom retrieving a plastic baggie containing alleged crack cocaine from Brown's rectum based on search warrants filed by Minneapolis police.

"My client is OK, however … what happened to him wasn't right," said Brown's attorney, Christopher Nguyen. "One of the things that's been really tough is that there's this pattern of behavior from the Minneapolis department being able to do whatever they want without any consequences, with complete indifference to the rights of the accused. That is the biggest reason why this [lawsuit] is being brought."

Brown was convicted in 2017 of fifth-degree drug possession, but the state Supreme Court overturned the conviction in 2019, ruling that the search was a violation of Brown's constitutional rights to dignity, personal privacy and bodily integrity.

Brown could not be reached for comment.

Minneapolis police deferred comment to the City Attorney's Office, which declined to comment. Hennepin Healthcare and the county also declined to comment, citing the pending litigation.

Brown is seeking compensatory damages of $50,000 or more, punitive damages of $50,000 or more and any other award deemed appropriate by the court.

According to the lawsuit: Police used a confidential informant to arrange a controlled drug buy with Brown on Aug. 8, 2015. Police arresting Brown saw him shove his hands down his pants and later move his body against a chair and use his hands to make shoving motions between his legs.

Police conducted a strip search and saw a plastic baggie protruding from Brown's anus, prompting them to seek a warrant for a body cavity search.

Police took Brown to North Memorial Health Hospital with a search warrant. Brown declined to remove the baggie himself or consume a laxative to dislodge it. A doctor there also refused to conduct a forced cavity search. Eventually, police took Brown with another search warrant to Hennepin County Medical Center, where staff strapped him down and sedated him so the baggie could be retrieved with forceps, the suit said.

"Defendants engaged in intentional, offensive, and unpermitted contact with Plaintiff," the suit said. "Plaintiff suffered physical injury, humiliation, mental anguish and suffering."