Conspiracy allegations stem from dismissed charges
By D.E. SmootPhoenix Staff Writer
— A former Fort Gibson couple filed a second lawsuit Monday against the city of McAlester, a police officer and a former Pittsburg County prosecutor, alleging a civil rights conspiracy.
The lawsuit, filed on behalf of Jerry McCormick, a McAlester High School basketball coach, and his wife, Michelle McCormick, alleges authorities violated the couple’s constitutional rights.
In their first lawsuit filed last May, the McCormicks allege that McAlester police officers “engaged in a pattern of behavior intended to harass, intimidate and abuse” them. In their second complaint, they allege the misconduct was part of a conspiracy that involved former District Attorney Jim Bob Miller.
McAlester officials, in documents filed in the U.S. District Court of Eastern Oklahoma, have denied the assertions. Lawyers for the city filed a motion for summary judgment Friday, attempting to have the case dismissed.
The alleged police misconduct began in 2009 after one of the McCormicks’ neighbors filed a complaint about the coach’s dog. McAlester Police Officer Daniel Talbot spoke to Jerry McCormick about that complaint, and the situation escalated.
Anthony Allen, a Tulsa lawyer for the McCormicks, said that after his clients notified city officials of Talbot’s alleged misconduct, the officer filed a report of his own. The officer’s report resulted in felony charges against the McCormicks.
Those charges, which included witness intimidation, filing false crime reports and stalking, were dismissed for lack of evidence. Allen said the amount of damages has yet to be determined, but the “shame and embarrassment” of the situation is worth something.
“What I saw is what I believe to be a situation that was egregious — all the authorities think it was egregious, and there was no recourse other than to file these lawsuits,” Allen said Monday after he filed the second complaint. “There are not many people out there championing these types of cases, but I know we will fight — that’s why we have these laws.”
Allen said the McCormicks, who both teach in McAlester Public Schools, suffered a great deal of anxiety and humiliation as a result of the authorities’ alleged misconduct. News of his clients’ arrests was televised and disseminated by local newspapers, Allen said.
Claims identified in the McCormicks’ second complaint include allegations of conspiracy against Talbot and Miller. Claims against the city of McAlester, Talbot and Miller include the alleged deprivation of the McCormicks’ due process rights and violations of constitutional prohibitions against the use of excessive force, and unreasonable searches and seizures.
The McCormicks allege the city of McAlester has “grossly failed to train its police officers ... (and) employed a policy of encouraging its police officers to carry out unlawful directions of the district attorney.”
The city’s policies, Allen states in the McCormicks’ second complaint, has resulted in officers assaulting civilians and issuing false charges and tickets.
Allen said he would file a motion this week asking the court to consolidate the two lawsuits. The first lawsuit is scheduled for trial in April.
The lawsuit, filed on behalf of Jerry McCormick, a McAlester High School basketball coach, and his wife, Michelle McCormick, alleges authorities violated the couple’s constitutional rights.
In their first lawsuit filed last May, the McCormicks allege that McAlester police officers “engaged in a pattern of behavior intended to harass, intimidate and abuse” them. In their second complaint, they allege the misconduct was part of a conspiracy that involved former District Attorney Jim Bob Miller.
McAlester officials, in documents filed in the U.S. District Court of Eastern Oklahoma, have denied the assertions. Lawyers for the city filed a motion for summary judgment Friday, attempting to have the case dismissed.
The alleged police misconduct began in 2009 after one of the McCormicks’ neighbors filed a complaint about the coach’s dog. McAlester Police Officer Daniel Talbot spoke to Jerry McCormick about that complaint, and the situation escalated.
Anthony Allen, a Tulsa lawyer for the McCormicks, said that after his clients notified city officials of Talbot’s alleged misconduct, the officer filed a report of his own. The officer’s report resulted in felony charges against the McCormicks.
Those charges, which included witness intimidation, filing false crime reports and stalking, were dismissed for lack of evidence. Allen said the amount of damages has yet to be determined, but the “shame and embarrassment” of the situation is worth something.
“What I saw is what I believe to be a situation that was egregious — all the authorities think it was egregious, and there was no recourse other than to file these lawsuits,” Allen said Monday after he filed the second complaint. “There are not many people out there championing these types of cases, but I know we will fight — that’s why we have these laws.”
Allen said the McCormicks, who both teach in McAlester Public Schools, suffered a great deal of anxiety and humiliation as a result of the authorities’ alleged misconduct. News of his clients’ arrests was televised and disseminated by local newspapers, Allen said.
Claims identified in the McCormicks’ second complaint include allegations of conspiracy against Talbot and Miller. Claims against the city of McAlester, Talbot and Miller include the alleged deprivation of the McCormicks’ due process rights and violations of constitutional prohibitions against the use of excessive force, and unreasonable searches and seizures.
The McCormicks allege the city of McAlester has “grossly failed to train its police officers ... (and) employed a policy of encouraging its police officers to carry out unlawful directions of the district attorney.”
The city’s policies, Allen states in the McCormicks’ second complaint, has resulted in officers assaulting civilians and issuing false charges and tickets.
Allen said he would file a motion this week asking the court to consolidate the two lawsuits. The first lawsuit is scheduled for trial in April.