Pubdate: Tue, 31 Dec 2002
Source: Tahlequah Daily Press (OK)
Copyright: Tahlequah Daily Press 2002
Contact:  http://www.tahlequahdailypress.com/
Details: http://www.mapinc.org/media/2636

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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