Excessive Force
Who is responsible for the actions of security guards?Posted in Civil Rights,Excessive Force,Negligence on February 6, 2015
A Tulsa man who was shot in the neck by a security guard may have a cause of action against the guard’s employer and the apartment complex that hired him. On Wednesday, a man and woman were in a vehicle at the Deerfield Estates Apartments located at 88th and Delaware in Tulsa. Reports indicate the… read more…
Was the Terrence Walker shooting justified?Posted in Civil Rights,Excessive Force on January 24, 2015
The last moments of Terrence Walker’s life are captured on video taken from the lapel of Muskogee Police Officer Chansey McMillin. McMillin shot and killed Walker as he fled an investigative detention. McMillin was called to the scene based on a 911 call that Walker had a gun and was threatening to kill his ex-girlfriend…. read more…
Bosh decision clarified by Oklahoma Supreme CourtPosted in Civil Rights,Excessive Force on January 21, 2015
Since the Oklahoma Supreme Court issued its decision in Bosh v. Cherokee County Governmental Building Authority, 2013 OK 9, 305 P.3d 994, granting citizens civil rights under the state constitution, state and federal courts have struggled to determine the general application of that decision. Does Bosh apply to any case implicating a state constitutional right? Or… read more…
Supreme Court to clarify excessive force standardPosted in Civil Rights,Excessive Force on January 21, 2015
Are victims of excessive force required to prove the subjective motivations of their assailant? In other words, must the victim prove that the assailant used force with some intent to harm? For police-citizen encounters, the answer is a well-established “No.” To prove excessive force during a police-citizen encounter, the victim must show the use of… read more…
Did police properly respond to suspected “suicide-by-cop”?Posted in Civil Rights,Excessive Force on November 6, 2014
How should police respond when a person has communicated a intent to provoke a deadly confrontation? According to reports by the Tulsa World, this scenario recently occurred in east Tulsa and resulted in an officer shooting a citizen armed with two BB guns. You can read the article here. According to reports, a suicide hotline… read more…
Is the county responsible for the acts of its deputies?Posted in Civil Rights,Excessive Force on October 29, 2014
Who is responsible when an on-duty sheriff’s deputy sexually assaults a citizen? The arrest of former Tulsa County Sheriff’s deputy Gerald Nuckolls will test that question. Nuckolls was arrested in September for allegedly assaulting two women while on duty, and the Tulsa World is now reporting that prosecutors have charged Nuckolls in connection with another… read more…
Court rules that qualified immunity does not apply to Bosh claimsPosted in Civil Rights,Excessive Force on July 22, 2014
Attocknie v. Smith, 2014 WL _________ (E.D.Okla. 2014) (citation pending), the court held that the doctrine of qualified immunity does not apply to Bosh claims arising under state law involving excessive force. Qualified immunity is a doctrine that applies to federal civil rights claims that says if the law was not clearly established at the… read more…
Federal court holds Bosh decision applies beyond jailsPosted in Civil Rights,Excessive Force,Uncategorized on June 28, 2014
In a recent decision from the United States District Court for the Northern District of Oklahoma, the court held that the Oklahoma state constitutional right recognized in Bosh v. Cherokee County Governmental Building Authority, 335 P.3d 904 (Okla. 2013) applies beyond the four walls of a county jail. In other words, Oklahoma’s state constitutional right… read more…
Bosh decision applies to arrests and seizures, says OK Appeals CourtPosted in Civil Rights,Excessive Force on June 24, 2014
On May 9, 2014, the Oklahoma Court of Civil Appeals held that application of the Supreme Court’s decision in Bosh v. Cherokee County Governmental Building Authority, 305 P.3d 994 (Okla. 2013) requires an arrest or seizure. See Jackson v. Oklahoma City School Public School, 2014 OK CIV APP 61. In Jackson, the parents of a… read more…
Did Trooper violate the 4th Amendment in Nowata shooting?Posted in Civil Rights,Excessive Force on June 17, 2014
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…