LAWSUIT CLAIMS OFFICIALS 'OUT OF CONTROL'

MUSKOGEE - A husband and wife filed a federal civil lawsuit against
the Muskogee County district attorney, his chief investigator and
several law enforcement officials Friday. In their lawsuit, Kimm and
Ruth Bushey accuse District Attorney John David Luton and other
officials and officers of wrongful seizures, extortion, intimidation
and violation of employment rights, said Robert Haupt, the Busheys'
attorney.

"This is a situation where we have law enforcement officers just out
of control, and that is what this lawsuit is going to be about," he
said.

Luton said he would not comment while the lawsuit is pending.

"I can't respond to anything because there in fact is a lawsuit. I'm
not in a position to be able to respond until the lawsuit is
completed," he said.

According to the complaint filed by the Busheys, Kimm Bushey worked as
an auto mechanic for Muskogee Auto Works and Ruth Bushey worked for
the district attorney's office. In July 2002, Ruth Bushey reported to
Gary Sturm, chief investigator for the district attorney's office,
that her husband had noticed parts being taken from vehicles seized by
the District Attorney's Drug Task Force and installed in vehicles
under repair at the auto shop.

When Kimm Bushey went to Muskogee Auto Works on July 5 and tried to
find some of his auto repair tools, he found the doors closed and the
locks changed. He was able to move his tools July 8 to an outbuilding
at 1940 Brockway.

Two days later, members of the task force searched and seized property
from a garage at 2000 Brockway as part of a drug trafficking
investigation. During the same search, the suit claims, the task force
searched the outbuilding without a warrant and seized Kimm Bushey's
tools, which were necessary for his work.

The Busheys filed at Muskogee County District Court to have the tools
returned, but while the case was pending, many of the tools were
auctioned off or disappeared.

Ruth Bushey said she was intimidated at work and told repeatedly by
members of the task force and other officials that if she wanted to
keep her job, she would forget about the tools.

Haupt said that since a story about the Busheys ran in a local
newspaper, his law office has received almost 100 phone calls from
people in Muskogee with stories similar to or worse than the situation
the Busheys went through.