Donald Gene Allen, 40, alleges he was badly beaten in the jail after his arrest on June 25. In a claim filed in November against the county and the state, Allen asked for a total of $300,000 for the injuries he received. That claim was denied and Allen's attorney, Bill Ed Rogers of Sallisaw, filed the lawsuit on Allen's behalf Tuesday.
In the lawsuit, Allen asks for a minimum of $10,000 each from the county and state.
The lawsuit alleges that Allen was arrested on June 25 by Oklahoma Highway Patrol Trooper Dewayne Walters who then took Allen to the county jail. Allen was arrested for driving under the influence and drug-related charges.
At the jail, the lawsuit alleges, "that without provocation and/or justification Plaintiff (Allen) was, with extreme force and violence, assaulted and beaten by Jarrod Yates, an employee of the Authority."
The Sequoyah County Criminal Justice Authority oversees jail operations. The authority includes District 1 Commissioner Bruce Tabor, District 2 Commissioner Steve Carter, District 3 Commissioner Mike Huff, Sheriff Johnny Philpot and Albert Marquez de la Plata of Vian.
The lawsuit goes on to allege that "after said vicious attack Plaintiff was not furnished with adequate medical treatment for a period in excess of one hour and was required to lie on a concrete floor awaiting medical assistance." The lawsuit alleges Allen "suffered excruciating pain and suffering; that he suffered injury, both temporary and permanent, to his face, eyes, skull and body; that the injuries are so severe that he will be required to undergo treatment in the future."
The lawsuit includes the Department of Safety, which oversees the Oklahoma Highway Patrol, because Walters made no attempt to stop the alleged beating.
The suit alleges "That while still at the Sequoyah County Jail Trooper Walters observed the vicious beating being administered upon the Plaintiff by Jarrod Yates. That said Trooper did nothing to prevent or stop said attack. That said Trooper Walters laughed and left the premises thus subjecting the Plaintiff to further injury, pain and permanent damages."
The lawsuit said Walters showed disregard for the law, demonstrated a breach of duty by not preventing the alleged beating, and did not notify the jail supervisor of the alleged assault, which..."constitutes Negligence...."
Yates was suspended from his duties as a jailer after complaints were made about the alleged beating, and has since resigned from the position.
In his original report, Walters said he arrested Allen for driving under the influence, and then did an inventory of Allen's truck. He reported finding an open can of beer, a bottle of whiskey, several unused syringes, a blue pill bottle that did not have Allen's name on it and was marked as Hydrocodone, and several other items containing substances that field tested positive for methamphetamines.
Allen's family bonded him out of jail after the incident and took him to a Fort Smith, Ark., hospital where he underwent surgery for the alleged injuries. In an interview with Your TIMES later, Allen denied that he was belligerent with jail personnel and said he did nothing to provoke the alleged beating.
Special District Judge Dennis Sprouse called for an investigation by the Federal Bureau of Investigation (FBI), at the request of Rogers, on the grounds that Allen's constitutional rights were violated. The alleged beating was taped by a security camera, and jail personnel reported the FBI did pick up a copy of the tape, but Sprouse said he has not heard from the FBI.
Tabor said Tuesday, "I knew this was coming."
Tabor said the lawsuit will be turned over to the Association of County Commissioners of Oklahoma (ACCO) and the county and authority will most likely be defended by ACCO insurance attorneys.
At the time the first claim was filed, an OHP spokeswoman said Walters will most likely receive legal counsel from the Oklahoma State Troopers Association.
According to the lawsuit filed Tuesday, the defendants have 20 days to respond after being served.
