Wayne
Oxley has filed a $23.8 million notice of claim against the city of Ogdensburg,
its former police chief and several members of the police department.
Oxley
claims he was the victim of false arrest, excessive force, police brutality and
reckless disregard.
Oxley
says police were protecting an informant and knew they were arresting the wrong
man when they took him into custody.
A
notice of claim is not a lawsuit, but a legal filing that serves notice that a
lawsuit might follow.
Oxley was acquitted of second degree murder in his third jury trial three months ago in connection with the brutal beating death of his Ogdensburg neighbor, Bernard Trickey Jr., in August 2005.
Oxley was acquitted of second degree murder in his third jury trial three months ago in connection with the brutal beating death of his Ogdensburg neighbor, Bernard Trickey Jr., in August 2005.
Oxley
spent nearly five years in state prison and county jail during the time he was arrested
and initially convicted of Trickey's murder.
A
state court overturned his conviction and a second trial ended in a hung jury.
Among
those named in Oxley's claim are former Police Chief Andrew Wells, Detective
Sgt. Harry McCarthy and Lt. Andrew Kennedy.
Oxley,
who is representing himself, is seeking $14.2 million for emotional and
physical pain during his imprisonment, $9.5 million for emotional pain and
suffering, and $142,500 for lost wages.
Although
Oxley alledges he was the target of assault, battery and police brutality,
nowhere in the notice of claim does he mention any examples of violence against
him.
Oxley
declined comment as did Ogdensburg city attorney Andrew Silver.
Oxley
told 7 News last week that he planned to file a $13 million lawsuit
against the state for wrongful prosecution and imprisonment. Oxley says he
filed that notice of claim on May 18.