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Lindell Pointer Sr. files civil rights lawsuit in wake of Tulsa police corruption case




A man who was freed from federal prison in 2010 has filed a civil rights lawsuit against the city of Tulsa and a former police officer who is currently behind bars in connection with a probe into corruption within the Tulsa Police Department.

 Lindell Pointer Sr., 36, alleges in the complaint posted Wednesday on the Tulsa federal court's website that the city knew "of the threat of harm and injury" Jeff Henderson posed, yet acted with "deliberate indifference" and failed to adequately supervise and monitor him.

 At least 12 lawsuits have now been filed against the city and individual officers as a result of the police corruption investigation.

 Pointer was sentenced Dec. 29, 2008, to 14 years in federal prison. On Nov. 17, 2010, a sealed order was entered in his case, which prompted his release from custody.

 He had pleaded guilty Sept. 17, 2008, to possessing 50 grams or more of crack cocaine with intent to distribute. However in a Nov. 5, 2010, filing, Pointer stated Henderson and former U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives Agent Brandon McFadden were "instrumental" in formulating the case against him.

 Henderson was convicted in August 2011 of perjury and civil rights violations and was sentenced to 3 1/2 years in prison. McFadden, who is also named as a defendant in Pointer's lawsuit, is serving a 21-month prison sentence after pleading guilty to a drug conspiracy charge.

 Pointer alleged in his November 2010 pleading that a "phony search warrant" was used against him and that "the interests of justice" demanded that he be released from custody.

 Pointer's plea agreement says Henderson and McFadden were involved in the execution of a search warrant at a residence in the 7800 block of East 22nd Place on March 7, 2008, during which a plastic bag containing a total of 164.77 grams of crack cocaine was found. That discovery formed the basis of the charge to which Pointer pleaded guilty.

 In his new lawsuit, Pointer claims the city of Tulsa and former Police Chief Ron Palmer - who is also sued in the case - knew that Henderson and other TPD officers "were committing perjury, suborning perjury, fabricating evidence and initiating what would become the malicious prosecution of the plaintiff and numerous other persons."

 The complaint alleges that such misconduct was "encouraged, tolerated and condoned" and that the city's failure to adequately and properly train its officers constituted "deliberate indifference" to the rights of people such as Pointer.

 Pointer alleges that the city, through the Police Department, "created an environment wherein its officers were able to freely and without fear of discipline violate the rights" of citizens.

Pending lawsuits related to the police corruption probe

Marvin L. Barber: He was sentenced in December 2007 to 17 1/2 years in prison for drug and firearms crimes. His conviction was vacated in August 2010. His lawsuit names former Officer Jeff Henderson, Officer Bill Yelton, former Police Chief Ron Palmer and the city as defendants.

 Larry Wayne Barnes Sr. and Larita Annette Barnes: The Barneses were convicted of selling drugs and were sentenced to federal prison. After they had served more than a year each, they were freed in 2009 after an informant said he had worked with Henderson and former ATF Agent Brandon McFadden to frame them.

 Dustin Eastom: He was convicted and sentenced to seven years in prison in February 2008. He was freed from prison Sept. 7, 2010, after his drug conviction was set aside.

 Hugo Alberto Gutierrez: He was sentenced in July 2008 to seven years and three months in prison after pleading guilty in April 2008 to possessing methamphetamine while intending to distribute it. His conviction was overturned and dismissed on July 30, 2010. His lawsuit names former Tulsa police officers John K. "J.J." Gray, Callison Kaiser and Eric Hill, former Tulsa Police Cpl. Harold Wells and the city of Tulsa as defendants.

 Bobby Wayne Haley Sr.: He was convicted in September 2005 on drug and conspiracy charges and was sentenced to 22 years in prison. His conviction was vacated, and he was released in May 2010. He sued the city June 3, 2010.

 Demario T. Harris: He was convicted of drug and firearms crimes in April 2005 and was sentenced to life in prison, but was freed Oct. 28, 2010. His lawsuit names Henderson, Yelton and the city as defendants.

 William Eli Kinnard Jr.: He claims that police officers falsified documents to obtain a warrant to search his home. His lawsuit names the city and two officers as defendants.

 Patrick Neil London: He served 435 days in jail before a judge dismissed his drug case after determining that police had lied about the facts of his arrest. The claims against the city were dismissed on Feb. 17.

 Juan Antonio Mata Jr.: He was convicted in a drug case, but the probe into police corruption cast doubt on the legality of his arrest. His lawsuit names Henderson, McFadden, the city of Tulsa and the ATF as defendants.

 Lindell Pointer Sr.: He was released in November 2010 from a 14-year federal prison sentence imposed in December 2008 in a crack cocaine case.

 DeMarco Williams: He was convicted of drug charges in 2008 and received two life sentences. The sentences were overturned, and he was freed from federal prison in April 2010.