Civil Rights

Did Trooper violate the 4th Amendment in Nowata shooting?

An officer-involved shooting in Nowata, Oklahoma has raised questions about the constitutionality of the Trooper’s conduct, and how a recent decision from the U.S. Supreme Court might impact the investigation into the shooting. On June 16, 2014, a trooper with the Oklahoma Highway Patrol shot a fleeing man.  Based on reports, the man possessed a… read more…

Is Pointing a Gun at a Child Excessive Force?

Depending on the circumstance, pointing a gun at a child can constitute excessive force, even where the person holding the gun never put their hands on the child, and where the child suffered no physical injury. The Tenth Circuit Court of Appeals addressed this issue in Holland ex rel. Overdorff v. Harrington, 268 F.3d 1179 (10th… read more…

Can Police Shoot to a Fleeing Suspect?

The answer generally depends on what preceded the suspect’s attempt to flee, and whether the police have a reasonable belief that the suspect is dangerous. In Plumhoff v. Rickard, the Supreme Court ruled yesterday that police officers may shoot a fleeing suspect in a car who is considered dangerous, and that they may continue shooting… read more…

Supreme Court orders reconsideration of taser death lawsuit

The U.S. Supreme Court has ordered the 5th Circuit Court of Appeals to reconsider a civil rights lawsuit filed on behalf of Baron Pikes. Pikes was shot by police in Winnfield, Louisiana with a taser gun at least eight times over 14 minutes and later died of cardiac arrest. The lawsuit against a former Winnfield… read more…

Police Settle Excessive Force Suit

Police have settled a civil rights lawsuit filed by a man against the Palm Beach County Sheriff’s Office and four deputies, claiming that the deputies used excessive force against him.  Details of the settlement were not disclosed. The incident took place in December 2011, after Kallas, the plaintiff, had crashed his minivan.  Kallas was beaten… read more…

Should Prisons Use Isolation to Retaliate?

The Tacoma News Tribune is reporting that the ACLU and Columbia Legal Services have dropped a lawsuit alleging that solitary confinement was used to retaliate against a hunger strike at the Northwest Detention Center. The article says that the lawsuit was ended after “the release of about two dozen detainees from isolation.” ICE spokesman Andrew… read more…

Can a Police Officer Make You Do Push-Ups?

A Tulsa jury has rejected allegations of police misconduct against two Tulsa police officers and concluded that they did not violate the civil rights of a motorist who was stopped and allegedly forced to do push-ups. According to Brian Lumpkin, Tulsa police officers James Bohanon and Kevin Warne stopped his car, placed him in handcuffs,… read more…

City of Shawnee Settles Case Involving Excessive Use of a Taser

The City of Shawnee, Oklahoma and police officer Casey Vague have reached a settlement in a federal civil rights case involving the excessive use of a Taser. In the lawsuit, Willard Jackson claimed that Vague used excessive force during an arrest in August 2011. According to Jackson, an African American, Vague arrived at an apartment… read more…

Are 911 Calls Available Under the Oklahoma Open Records Act?

The Tulsa World is reporting that the City of Tulsa is now denying requests for audio recordings of 911 calls.  According to the World, Despite having released at least seven 911 recordings since 2010, the city recently denied a Tulsa World request for recordings of two calls made to Tulsa police following a state trooper-involved… read more…

Did the City of Tulsa Violate the First Amendment?

Did Tulsa city attorney David O’Meilia and City councilor David Patrick violate the First Amendment when they prevented Mike Workman from speaking during last Thursday’s city council meeting?  An editorial in today’s Tulsa World describes what happened: Mike Workman, a regular at council meetings and an announced candidate for state labor commissioner, had asked to… read more…