Date: 10-23-2001

Case Style: Barbara Hale and Theresa Crites v. Michael Shane Francis, et al.

Case Number: 01-CV-221

Judge: Terry Kern

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

Plaintiff's Attorney: Joel L. Wohlgemuth and Christine D. Little of Norman, Wohlgemuth, Chandler & Dowdell, Tulsa, Oklahoma

Defendant's Attorney: Michael L. Barkett of Brewster & De Angelis, P.L.L.C., Tulsa, Oklahoma for Francis

Assistant District AttorneysDick A. Blakeley and Alfred K. "Kent" Morlan, Tulsa County District Attorney's Office, Civil Division, Tulsa, Oklahoma for the Board of County Commissioners.

Description: Civil Rights (42 U.S.C. 1983) - On the evening of October 21, 2000, Theresa Crites and two teenaged boys were driving down Memorial Avenue. It was raining. Ms. Crites changed lanes and forced off duty deputy sheriff Shane Francis to take evasive action to avoid a collision. Deputy Francis and his pregnant wife were returning home from a shopping trip. Francis flashed his lights at Crites. She slowed her pickup causing Francis to change lanes and pass her on the right. She pulled behind the Francis vehicle and began tailgating and flashing her lights. She then changed to the inside lane and passed Francis on his left and one of the boys "mooned" Deputy Francis and his wife as they passed. Officer Francis jotted the license number of the pickup down and contact the Tulsa County Sheriff's office to obtain ownership information on the pickup.

Mrs. Francis was experiencing contractions and she and her husband stopped at Mrs. Francis' parent's home because it was closer to the hospital where Mrs. Francis was scheduled to go for the birth of her child. When the contractions subsided, Deputy Francis and his wife returned to their home where Deputy Francis watched some TV before getting dressed in uniform in anticipation of going on duty.

Because Deputy Francis believed that the pickup that he had encountered earlier in the evening was being driving dangerously by teenage drivers, he decided to stop at the address of the owner to the pickup to talk to the parents of the driver about the way the vehicle was being driven. When he arrived that the Hale and Crites residence, he saw that the lights were on and that the pickup was parked in the driveway. He parked his patrol car and knocked on the door. Theresa Crites answered the door with a beer in her hand and asked what Francis wanted. He asked her if she was the owner of the pickup and she acknowledged that she was. He then asked her if she had been driving the pickup on Memorial earlier in the evening and she initially denied that she was the driver but then admitted that she had, if fact, been the driver of the truck that Francis has encountered.

Because of the demeanor and attitude demonstrated by Ms. Crites, Officer Francis decided that he would write her a ticket for reckless driving. He asked for Ms. Crites driver's license and insurance verification, which she had difficulty locating but eventually produced. During this process, Barbara Hale, who lived with Ms. Crites, went to the front door to inquire about what was going on. Deputy Francis went to his vehicle after obtaining Crites' driver's license and insurance verification documents and prepared a ticket for reckless driving. When he presented the ticket to Ms. Crites for her signature, she refused to sign or accept the ticket and was told that she was being arrested. She claimed that Deputy Francis then attempted spray her with pepper spray but missed. She then retreated into the house leaving Hale on the front porch with Francis. As Francis approached, she told her that she was a federal judge's secretary and shoved him up against the house. He then handcuffed her and placed her on her knees in the front yard.

In the mean time, Theresa Crites went through her house into the garage and out onto the driveway. As she approached Deputy Francis, he successfully sprayed her with pepper spray, handcuffed her and placed her in the back seat of his cruiser.

Shortly thereafter, Major Edwards, arrived, assessed the situation and exercised his discretion to release both Hale and Crites. Both women bought suit alleging various civil rights and state governmental tort claims. Deputy Francis denied that he had violated the civil rights of the plaintiffs and further claimed that he properly wrote Crites a ticket for reckless driving and that he acted within the discretion vested in him as a peace officer to take her into custody when she refused to sign the ticket. He further asserted that Hale wrongfully attempted to interfere in the discharge of his duties as a peace officer and touched him without his permission (a battery). Tulsa County denied that the Plaintiffs' civil rights were violated or that Francis had committed any tort. Deputy Francis claimed a qualified immunity on the civil rights claims asserted against him. The Board of County Commissioners denied the Plaintiffs' civil rights claims which were based upon a failure to properly train claim Deputy Francis despite the fact that he had completed the required C.L.E.E.T. training before being allowed to work as a patrol deputy.

Outcome: Settled for $130,000.00.

Plaintiff's Experts: None

Defendant's Experts: None

Comments: This matter was set for settlement conference before Scott B. Savage, acting an an adjunct settlement judge.

Because the case was set for settlement conference before dispositive motion cutoff, questions about the viability of the civil rights claims asserted by the Plaintiffs had not been answered.

It was estimated that there was a 30% probability that the plaintiffs would prevail on their civil rights claim and that the maximum upside potential liability was $125,000 per plaintiff and that attorney fees and costs would amount to another $125,000. The settlement value of the case was estimated to be approximately $125,000.