Buckner lawsuit ruled frivolous, must pay almost $50,000 in fees

There are times when litigation is a slam dunk.

There are times when the judicial outcome is a coin toss.

Then there are times when legal action is ruled to be frivolous.

For Sean Buckner’s lawsuit against the city of Sallisaw, Sallisaw Police Lt. Houston Murray and Police Chief Terry Franklin, a federal judge has determined the litigation to be frivolous, and directed Buckner to pay Sallisaw’s attorneys’ fees of almost $50,000.

The ruling on March 31 by Jason A. Robertson, a magistrate judge for the U.S. District Court for the Eastern District of Oklahoma, dismissed the lawsuit and awarded Sallisaw attorneys’ fees of $49,410.

The lawsuit stemmed from a traffic stop on Oct. 23, 2021, when Murray stopped Buckner on U.S. 64 for a faulty headlight. When the stop escalated and Buckner allegedly refused to comply with Murray’s directives, Buckner was arrested and jailed before posting bond.

According to court documents, one or more of the defendants were awarded sanctions due to Buckner’s conduct during the case. Buckner either conceded the award or failed to respond to the defendants’ requests for sanctions, prompting Robertson to rule against Buckner, finding that “his claim was frivolous, unreasonable or groundless.”

A frivolous suit is one “based on an indisputably meritless legal theory, [or] whose factual contentions are clearly baseless,” Robertson specified in court documents.

In ruling in favor of the city, police lieutenant and police chief, Robertson wrote, “First and foremost, [Buckner] failed to respond to defendants’ requests for attorneys’ fees, which is emblematic of the problems which plaintiff has presented through his conduct in this case. Defendants have extensively related the frivolous nature of plaintiff ’s claims asserted in this case and the careless conduct during the course of discovery.

“Based upon the lack of response and Plaintiff ’s blatantly frivolous claims, the awarding of attorneys’ fees is warranted in this case. Obviously, since [Buckner] failed to respond to the fee motion, he has not challenged the reasonableness of the fees requested,” Robertson decided. The judge found that the time and hourly rates charged by Sallisaw’s attorneys “to be reasonable,” and awarded the attorneys’ fees against Buckner.

Basis of lawsuit

On May 12, 2022, Buckner filed the lawsuit alleging three causes of action against the city, Murray and Franklin:

• Discrimination against a Native American, claiming disparate treatment by Murray because Buckner is a member of the Cherokee Nation and because he had a tag issued by the Cherokee Nation;

• Deprivation of civil rights in violation of his Fourteenth Amendment rights, alleging Murray’s lack of probable cause, unlawful detention, false arrest without legal authority, use of excessive force and injury to his person; and • Failure to train and supervise, alleging Franklin and the Sallisaw Police Department did not have adequate training in place and did not adequately supervise Murray. Buckner seeks imposition of a “proactive injunction” upon Franklin and the SPD.

Defendants’ affidavit

Capt. John Weber of the SPD Patrol Division attested that Murray:

• Completed CLEET training while with the SPD;

• Completed Lexipol Daily Training Bulletin training provided by Lexipol, a private entity recognized by CLEET, that develops policies for public safety agencies, and SPD maintains and enforces written policies and procedures; and • Was one of the most trained SPD officers when he retired in August 2022 after almost 33 years as a state certified law enforcement officer.

Weber’s investigation of the allegations found no violation of policy to warrant disciplinary action arising from the traffic stop, and was unaware of any history of Murray being accused of making unlawful traffic stops, unlawful detentions, false arrests or using excessive force. Murray did receive a warning for commenting to himself on body cam video derogatory remarks about Buckner and a fellow police officer.

Weber also attested that body cam video demonstrated that Murray’s actions were consistent with an officer checking the tightness between the handcuffs after placing them on Buckner, and the audible “click” was consistent with the noise handcuffs make when the double-lock safety mechanism is engaged to prevent the handcuffs from tightening.

Murray completed CLEET training in October 1989 and became a certified law enforcement officer in Oklahoma at that time. Murray was hired by SPD in June 2001 as a police dispatcher. He subsequently became a patrol officer in 2002, and later earned his intermediate and advanced CLEET certificates. He was promoted to lieutenant in the SPD patrol division in 2013, and completed CLEET field officer training in 2016.

The traffic stop

On Oct. 23, 2021, Murray observed a pickup truck traveling on U.S. 64 with the driver’s side headlight unlit. The entirety of the traffic encounter between Buckner and Murray was captured on the patrol unit dash camera and Murray’s body camera.

According to court documents, and supported by video recordings, Murray activated his emergency lights, made a u-turn and pursued the truck. The truck promptly pulled over and stopped. Murray told Buckner “the reason I pulled you over is you have a headlight out. I need to see your license, insurance and registration.” Buckner then began arguing with Murray, claiming he did not have a headlight out, court documents say. Buckner did not produce his license, insurance and registration, but rather Buckner got out of his truck, went to the front of his vehicle and said, “Damn,” an obvious reference that the driver’s side headlight was not illuminated. At this point in the video, Buckner’s wife, who was a passenger in the truck, leaned over and activated the high beam on the truck headlights. Buckner then told Murray, “No, I don’t.” Buckner then returned to the driver’s seat of the truck, stating, “OK, I got a headlight out.” Murray again requested Buckner’s license, insurance and registration. In response, Buckner produced his license while still discussing the headlight with his wife.

Murray told Buckner the traffic stop would have gone differently if he had simply agreed that he had a headlight out, the video showed. When Murray informed Buckner he intended to write a citation, Buckner said he was going to “call a buddy,” Cole Hostetter, a SPD patrol officer. Murray again requested Buckner provide his registration and insurance, but Buckner insisted upon calling Hostetter, and did not provide the documentation requested.

Murray asked Buckner if he was a member of the Cherokee Nation, to which Buckner responded, “Yes, I am. Why?” Murray informed him he would have to designate a different court on the citation. Murray once again requested Buckner’s registration and insurance, to which Buckner responded, “Let me call Cole.” Murray responded, “Please don’t. I don’t have time to talk to him.” Murray then emphatically directed that the registration and insurance be produced. But Buckner insisted, “Let me call Cole,” and then told Murray to “chill out.” Murray yet again directed Buckner to produce the required documents, and told him that he did not have time to “sit here and wait for you” to do so. Murray told Buckner that he was free “to call Cole and talk to him all day long,” but only after he produced his registration and insurance.

Buckner discussed Murray’s behavior with his wife, and Murray then asked Buckner why he was making the process difficult, and told him he needed the documents “so I can write my ticket and get you out of here.” Buckner then produced an insurance verification form. Murray reviewed the form, but returned it to Buckner because it was expired and invalid. Buckner then handed Murray his registration. Murray offered to allow Buckner an opportunity to provide an electronic proof of insurance on his cell phone, but neither Buckner or his wife could produce the proof of insurance.

Buckner then told Murray, “write a ticket for that, too.” A verbal altercation followed over each other’s attitude, and Buckner reiterated he was calling Hostetter.

Murray took the information back to his patrol unit, muttering under his breath. Murray prepared a citation then returned and handed Buckner his registration and license. Murray informed Buckner of the date, time and location of the court hearing shown on the citations, and said he had written a ticket for the headlight and not having an insurance security form available when requested.

The situation escalates

Buckner then asked Murray if he was a lieutenant, which Murray said he was. Buckner asked how he could file a complaint against Murray, and was told to talk to Lt. [Tucker] Martens.

According to court documents, Buckner then accused Murray of giving him a citation for the headlight instead of a warning because he believed he was being mean to Murray. “No, I was going to give you a ticket anyway, sir. It’s a cruise night,” Murray told Buckner. “Anytime I stop a car on cruise night, I give it a ticket.”

“So, you’re being prejudiced against Indians?” Buckner retorted. He then asked if Murray was Indian. “Yes, I am. I’m a Cherokee,” Murray said. Buckner and his wife continued to argue with Murray about the citation. Buckner concluded by saying, “I don’t give a sh*#. Just give me the ticket so I can go. I got other things to do.”

Murray then handed Buckner the citation and asked him to “sign this box right here,” but Buckner interrupted, saying, “I ain’t signin’ nothin’.”

That’s when Murray directed Buckner to “step out, then. Get out.” Murray then yelled, “Get out, now! Get out, now!”

Buckner responded, “I’ll sign it.” Murray again yelled, “No, get out, now! Get out, now!”

Buckner repeated that he would sign the ticket, while getting out of his truck, but Murray said, “No, I asked you to sign it and you said you wouldn’t. Put your hands behind your back. You’re under arrest.”

Murray put one handcuff on Buckner’s left wrist and instructed a wrecker be sent to the location to impound the truck. Buckner then resisted Murray putting the handcuff on his right wrist. Murray instructed him to “loosen your hand.” While Murray was putting the handcuff on his right wrist, Buckner objected, saying “that f*@#ing hurts.” Murray’s response: “If you’d quit fighting it, they won’t hurt.”

Video shows Buckner was eventually handcuffed and transported to the SPD where he was booked into jail and then released on bond. Buckner did not complain further about the handcuffs causing him distress while being transported. At the jail, a photograph was taken of Buckner’s wrist. Buckner later said his wrist was bruised by the handcuffs, but admitted he did not seek any medical treatment for his wrist, and the injury has since healed.