Date: 04-15-2002

Case Style: Deronn Wrather, et al. v. City of Tulsa

Case Number: 97-CV-435 EA

Judge: Claire Eagan

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

Plaintiff's Attorney: Richard O'Carroll, Tulsa, Oklahoma

Defendant's Attorney: Larry Simmons, Assistant City Attorney, Legal Department, City of Tulsa, Tulsa, Oklahoma

Description: Civil Rights Claim - 42 U.S.C. 1983 - First Amendment - This action was brought by Deronn Wrather, Stephen Williams and Vincent Turner for monetary damages for violation of their civil rights under the first, fourth, fifth and fourteenth amendments under the Constitution of the United States of America. Plaintiffs are also seeking damages for supplemental state claims of assault and battery, malicious prosecution, intentional infliction of emotional distress and false imprisonment.

On May 4, 1996, these African-American Plaintiffs attended a Ku Klux Klan rally at the Tulsa County Courthouse to record and observe the participants of this white racist organization. At least fifteen minutes after the rally ended and all of the Klansmen had been escorted from the area by members of the Tulsa County Sheriff’s Office, Plaintiffs and several other citizens, the majority of whom were African-American, were assembled on a public sidewalk across from the courthouse. Although the group was peacefully assembled, Plaintiff claimed that the police attacked these citizens with foot patrol officers, horse mounted officers, and pepper gas. The named Defendants are the primary malfeasants in this unlawful assault.

Police records and testimony revealed that the basis for the police attack was to clear the public area so that white racists who may or may not be present could have exclusive use of the area if they so desired. Major York, Sargent Jordan, Sargent Clark and Corporal Wilson collaborated in the racially-motivated order to unlawfully attack peaceful citizens. Mr. Turner was ordered arrested by supervisor Jordan because he was a black man who would not leave the public area.

When Ms. Wrather verbally protested this unlawful arrest of Mr. Turner, her now husband, she was grabbed and slammed to the ground in an unreasonable and unlawful fashion by Officer Eckert. Mr. Williams then approached Eckert and he was grabbed by several officers, beaten, pepper gassed and tortured.

These unlawful events were recorded on videotape by an amateur video camera operator. Mayor Susan Savage admitted she viewed these unlawful events in their entirety and condoned, ratified, and sanctioned the police behavior by declaring the police were justified and acted appropriately. Ms. Savage was unaware of the existence of this videotape at the time of her ratifying declaration. All three Plaintiffs were arrested and spent time in jail. All criminal allegations against the Plaintiffs have been dismissed.

Outcome: Settled for $175,000.00

Plaintiff's Experts: Unavailable

Defendant's Experts: Unavailable

Comments: None