Date: 02-10-2000

Case Style: Jackson Dunham, Jr. v. Glenn Coffey and Homeland Stores, Inc.

Case Number: CJ-98-59B

Judge: Franklin D. Rahal

Court: District Court, Creek County, Oklahoma

Plaintiff's Attorney: David W. Davis, Tulsa, Oklahoma

Defendant's Attorney: David B. Donchin and Hillary S. Allen, Oklahoma City, Oklahoma

Description: Assault and battery, false imprisonment, malicious prosecution and intentional infliction of emotion distress claims against Homeland Stores and its security guard by a store customer. Plaintiff, was is a handicapped stroke victim, entered a Homeland Store in Tulsa, Oklahoma, as a customer on September 23, 1997. Plaintiff was at the customer counter filling out an application for a homeland card in order to obtain discounts on items offered to Homeland customers. Coffey approached Plaintiff and shoved and frisked him for any merchandise in his pocket. Plaintiff left the store. Plaintiff claimed that he was approached by an old coupe outside the store who told him that the manger wanted to see him. When he reentered the store, he was chemically sprayed and struck with a blunt object causing damage to his face. Plaintiff was handcuffed and taken to the back of the store where he was thrown to the floor and remained handcuffed. Plaintiff claimed that he was not allowed medical attention of his injured eye. Plaintiff was given two tickets by a Tulsa police officer called to the store based upon allegations by the guard. An ambulance was called and Plaintiff was taken to a local hospital where his injuries were cared for. He was then taken back to the store to search for his glasses, which were not located. The criminal charges against Plaintiff were eventually dismissed.

Defendant asserted that Plaintiff had been told to stay out of the store after he was apprehended and convicted of shoplifting about a year earlier. Coffey recognized Plaintiff and asked him to leave the store. Coffey claimed that Plaintiff re-entered the store and attacked him verbally and physically. Coffey and another Homeland employee attempted to restrain Plaintiff. They denied striking Plaintiff. Eventually, Coffey sprayed pepper spray on Plaintiff to gain control over him and to handcuff him. Plaintiff was then taken to the back of the store and placed on the floor with his hands cuffed behind his back. Defendants claimed that Plaintiff's eye was hurt when he fell over while setting on the floor. Defendants specifically denied that anyone every hit Plaintiff. Defendants denied that their actions were intentional or reckless nor were they outrageous or extreme under the circumstances. Defendants further claimed that plaintiff caused his own injuries and he voluntarily assumed a known risk when he trespassed on Homeland property and when he assaulted and battered the Homeland employees. In addition, charges against Plaintiff were dropped for the sole reason that Coffey was given the wrong court date to appear at Plaintiff's hearing and prosecution was forced to dismiss.

Outcome: Defendant's verdict.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: None