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News (Media Awareness Project) - US OK: Man And Son Sue County For Alleged Abuse By Officers
Title:US OK: Man And Son Sue County For Alleged Abuse By Officers
Published On:2002-12-31
Source:Tahlequah Daily Press (OK)
Fetched On:2008-01-21 15:59:01
MAN AND SON SUE COUNTY FOR ALLEGED ABUSE BY OFFICERS

A Cherokee County man and his son who was allegedly physically assaulted
earlier this year by law enforcement officials is seeking damages from the
county in a suit filed Monday afternoon.

Norman Louden is suing as Shane Louden's father. Shane, 13, is also a
plaintiff in the suit filed against the Cherokee County commissioners.

The suit alleges Cherokee County officers and investigators from the
Cherokee County District 27 Task Force applied to the district court for a
"John Doe" search warrant for a described rural residence alleging the
occupants of the residence were suspected of dealing marijuana and in
possession of drug paraphernalia. It also states officers could not provide
the court with a correct address of the residence and could not give the
names of the occupants of the residence when applying for the search
warrant. The suit also states the drug task force is comprised of officers
of the sheriff's office and the district attorney's office.

The search warrant was authorized, but it did not authorize officers to
enter the residence without first knocking and announcing their presence
before entering pursuant to state and federal law.

The suit alleges task force personnel forcibly kicked open the front door
of the Louden residence without announcing their presence at 6 a.m. June
13. It also states the Loudens were asleep at the time the officers entered
the residence.

The suit alleges officers went room-to-room ordering occupants of the
residence to the floor and conducted an unreasonable search of the
premises. The Loudens allege that Shane was grabbed by officers and
forcibly thrown to the floor and was kicked and struck with fists on the
head and upper torso. He was then allegedly forcibly handcuffed and further
assaulted, the suit states.

The Louden suit alleges Shane was arrested without probable cause, after
the officers allegedly realized a mistake was made and to avoid
consequences of their actions. The suit states Shane was charged with
assault and battery on a police officer and resisting arrest. He was jailed
and had to post a $10,000 bond for his release.

The suit alleges no evidence of marijuana or paraphernalia was found by the
officers in the search of the Louden residence. It also alleges property
was damaged and the residence was ransacked by the officers.

The Louden suit alleges the officers acted intentionally, recklessly and
negligently in not complying with Oklahoma law in the execution of the
search warrant. It also alleges the civil rights of the Loudens were
violated and Shane was allegedly falsely arrested and charged with a
fictitious crime. The suit also alleges the county was negligent in the
officers training by not having the officers comply with federal and
Oklahoma law.

The Loudens are asking for damages in excess of $10,000, interest, attorney
fees, court costs and other relief the court finds available in law or
equity. The Loudens are represented by Tim Baker, a local attorney.
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