For the second time in less than a month a legal action has been filed against Sequoyah County, alleging that an inmate was beaten by jailers in the county jail and asking for compensation.

Sequoyah County commissioners, at their meeting Monday, announced that Dennis Palmer, by his attorney Corrine O'Day-Hanan of Muskogee, filed a lawsuit against the county and county officials in Sequoyah County District Court, claiming he was beaten by jailers on March 22, 2005. The civil lawsuit was filed Dec. 14.

District 1 Commissioner Bruce Tabor, chairman of the county board of commissioners, said the lawsuit would be turned over to the district attorney's office and the county's insurance company would be notified. Tabor said the county insurance company through the Association of County Commissioners of Oklahoma (ACCO) handle claims and lawsuits.

In his lawsuit against the county, Palmer asks for an amount in excess of $10,000, attorney's fees and costs, and other relief deemed proper by the court.

On Nov. 27 Donald Gene Allen, 39, of Muldrow filed a claim against the county and the state for injuries he allegedly received during a beating at the county jail on June 25. His attorney, Bill Ed Rogers of Sallisaw, filed the claim for Allen in district court on Nov. 27. Allen alleges he was beaten by a county jailer while an Oklahoma Highway Patrolman stood by and did nothing. He asked for a total of $300,000. If the county does not pay the claim within a certain amount of time, Allen will also most likely file a lawsuit against the county.

In Palmer's lawsuit, he alleges that he was in the county jail awaiting transport to the Muskogee County Jail.

Palmer alleges he was in an isolation cell where a video camera could tape what occurred in the cell. Palmer claims that while incarcerated he was beaten by deputies and none of the individual defendants on duty intervened.

In the lawsuit, Palmer named the commissioners, Sheriff Johnny Philpot, Vondaine White, Franklin Lightfoot, Josh Davis, Christine Calbert, Robert Gude, Shane McHale, Debbie Cato and Sheila Pratt. Several of those named in the lawsuit no longer work at the jail.

Palmer alleges that he received physical injuries caused by the deputies while at the jail, and received inadequate medical care.

He also claims that the defendants lost the videotape of the beating.

Palmer claims that the "defendant sheriff inadequately trained and supervised his staff such that violations of Plaintiff's constitutional rights occurred."

The jail is overseen by the Sequoyah County Criminal Justice Authority, which includes Sheriff Philpot, County Commissioners Bruce Tabor, District 1, Steve Carter, District 2, and Mike Huff, District 3, and Albert Marquez of Vian. The training of the jailers is not the sole concern of Philpot, but instead is overseen by the authority.

Tabor, who also chairs the justice authority, said a response to the lawsuit will be most likely be filed by the district attorney's office or the ACCO insurance legal services.

Sequoyah County District Court records indicate Dennis Wayne Palmer, 52, of Midland, Ark., has two traffic violations and two misdemeanor counts involving obscene and harassing telephone calls.

The court record indicates he was incarcerated in the county jail during late 2004 and early 2005, during which time he was charged $100 for "trauma care." Palmer was released on March 24, 2005, on a $5,000 bond, and a date set in late 2005 for a jury trial on the obscene and harassing telephone calls. The court record does not indicate whether the trial took place or not.

Other Business

Christine Calbert, the jail administrator, reported to the authority that a State Department of Corrections audit of operations scored the county jail at 95.2 percent out of a possible 100 percent.

She explained that the state requires an annual update of the jail's response plans to fires, and the plan must be approved by the fire marshal. The state also requires monthly fire drills. Calbert said jail personnel are working on both the plan and the drills.

Calbert also reported that personnel with the fire alarm company, which services the jail, were working on the system last week, and set the alarms off. The alarms caused the exhaust fans in the heating and air conditioning system to activate, and, when they couldn't be turned off, the heating system shut down. Calbert said the alarm company said the alarms were not connected to the heating system, while personnel with the heating system said the alarms did activate the exhaust, and thus, the heating systems.

Calbert said extra blankets were given to the prisoners over the weekend while the two systems were worked on.

During the county commission meeting, held before the county commission meeting, the commissioners accepted three- and six-month bids for road materials, and the printing of election ballots.