Date: 05-10-2002

Case Style: Debra Miller, et al. v. Buddy Visser, Lori Visser and the City of Tulsa

Case Number: 00-CV-958

Judge: Sven Eric Holmes

Court: United States District Court for the Northern District of Oklahoma

Plaintiff's Attorney: Steven W. Daniels and Wayne Copeland of Copeland & Daniels, Tulsa, Oklahoma

Defendant's Attorney: Loren F. Gibson of McCaffrey & Gibson, Oklahoma City, Oklahoma for Buddy and Lori Visser and Larry V. Simmons, Assistant City Attorney, Tulsa, Oklahoma

Description: Civil Rights Claims - 42 U.S.C. 1983. Debra Miller and her son Bradley were driving south on Highway 75 South of Tulsa, Oklahoma in 1998 when another car driven by off duty Tulsa police officer driven by Lori Visser came up behind them and began flashing its lights. Bradley made an obscene gesture. Visser pulled alongside the Miller car and flashed her badge. Buddy Visser, also a police officer and off duty, then pulled in behind the Miller car. The Visser claimed that Bradley Miller also threw something at Lori Visser's car. The Vissers eventually forced the Millers to stop and both of them were removed from their car after at least one gun was pointed at them. The Millers attempted to file criminal charges but the District Attorney's office refused to prosecute the Vissers for their acts. They were, however, fired by Tulsa Police Chief Ron Palmer but they were eventually reinstated. The Millers brought suit against the Vissers and the City of Tulsa claiming that the Vissers were acting within the scope and course of their employment as police officers during the incident and that the Vissers violated the Millers civil rights and engaged in other tortuous behavior.

The Vissers denied wrongdoing. The City of Tulsa took the position that the Vissers were off duty, acted outside the scope of their employment and authority and terrorized the Millers. The City described the Vissers' behavior as "road rage."

Outcome: The jury awarded the Millers nominal compensatory damages during the first phase of their deliberations. During the punitive damage second phase of their deliberations, the jury awarded the Millers $150,000 in punitive damages.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: Police officers theoretically have the right to go "on duty" at any time to prevent criminal acts or arrest suspects.

The judgment that will ultimately be entered against the Vissers will not be dischargeable in bankruptcy but may be very difficult for the Millers to collect due to the Vissers' relatively low income as police officers.