A civil lawsuit, filed in Sequoyah County District Court by two former Roland police officers, was dismissed Sept. 11 and refiled Sept. 16 in U.S. District Court in Muskogee.

In the lawsuit the two fired police officers — Jeremy Day and Jerry Foley — allege Roland officials violated their constitutional rights which has caused them financial losses, humiliation, embarrassment, mental anguish and damage to their professional and person reputations. The two plaintiffs ask for compensation for actual, compensatory and punitive damages, but no amount is requested. The filing asked for “an amount to be proven at trial.” The plaintiffs ask for a jury trial.

A scheduling conference before U.S. Magistrate Judge Steven P. Shreder has been set for 10:40 a.m. Nov. 13 in Muskogee.

The plaintiffs name the Town of Roland and Mayor Monty Lenington in the lawsuit. Lenington remains on the Roland board, but J.W. Crowson now serves as mayor. Town Administrator Greg Wilson was out of town and unavailable for comment.

The attorney for Day and Foley, James R. Moore of Oklahoma City was in meetings and also unavailable for comment.

In the lawsuit filed in federal court, the two officers claim that after organizing a Fraternal Order of Police (FOP) chapter, FOP Lodge No. 211, for which Day was elected president and Foley elected vice president, they tried to file a complaint with the town about changes in the police department. The two officers were demoted after trying to speak about their concerns at a Nov. 13, 2007, town council meeting, they allege. They allege Lenington interrupted their presentation and did now allow them to speak.

On Nov. 16, 2007, the two officers were dismissed.

Foley and Day claimed their rights to free speech were violated as was their right of assembly as the FOP meetings.

They claim their firing was “deliberate retaliation….”

At the time the lawsuit was filed in district court, Lenington said Sgt. Jeremy Day was fired for violation of sick leave and Officer Jerry Foley was fired for threatening a civilian, adding, “And there were four people who heard the exchange.”

At the time of their dismissals, Foley said, Day had worked for the police department for nine years and attained the rank of sergeant. Foley said he had worked for the town fire years as a reserve, part-time and full-time officer.

Their district court lawsuit claims the two were fired by Lenington on Nov. 17, 2007; that they were denied freedom of speech and right of assembly because they were not allowed to voice concerns about the police department at the Nov. 7, 2007, town meeting; that, because the two were involved with the FOP, they allege they were intimidated and punished by the town and Lenington, and fired to “make an example;” that the firing of Day and Foley was arbitrary and capricious, violating their constitutional right to…due process; and that the town’s and Lenington’s actions “violates…public policy;” caused the “plaintiffs to suffer embarrassment, humiliation and mental anguish in addition to monetary loss; and that Lenington discharged the plaintiffs to embarrass and harass them and to make an example of them to other union members.”

After the meeting, the two officers said a confrontation between Foley and Lenington’s grandfather occurred outside the town hall, and resulted in profane language. Foley claimed he did not use profane language but that Lenington’s relative had used profanity when referring to Foley’s mother. Foley claimed he had the right to defend his mother.

Keith Wasson, who was the town administrator at that time, told Your TIMES that Lenington said he had received complaints about Foley’s behavior, including cursing and threatening residents, and that Day had been seen doing physical labor and other projects while he was on medical leave. He said Day’s note from his doctor was not explicit.

Lenington later also dismissed Wasson and took over as the town administrator. He is no longer town administrator, but still serves on the town board. Other board members are B.J. Bramlett, Aaron Pitts, Paul Moreland and J.R. Crowson who serves as mayor.