The Edmond Sun

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June 26, 2009

Judge to rule in police lawsuit

Mark Schlachtenhaufen

EDMOND — A federal judge Thursday said he will need time to determine the scope of discovery in an excessive force lawsuit brought by an Edmond man against the city and two police officers.

Attorneys for Gary Paul Mayfield II, the City of Edmond, Officer Jason Kushmaul and Officer Michael King presented their arguments during an afternoon hearing before U.S. District Judge Joe Heaton.

Following a roughly 50-minute question and answer session, which included arguments from both sides, Heaton said he did not want to decide “on the fly,” and the issue merited a more focused decision.

The city wants to limit who may be interviewed by the plaintiff. The plaintiff maintains he must be given broad enough leeway to prove a pattern of improper conduct by some members of the Police Department and that it improperly trains officers.

Richard Hornbeek, the city’s attorney, said he has spoken to a number of residents on the plaintiff’s witness list who do not want to be involved in the lawsuit and are not related to the incident in question.

Hornbeek argued that although the plaintiff’s injury happened during the struggle with Kushmaul the incident does not mean his training was deficient, a point the plaintiff had not yet adequately addressed.

George Brown, Mayfield’s attorney, said given what Mayfield must prove he must be allowed to pursue information about other incidents involving the use of excessive force and other improprieties.

Brown said it is clear the city is attempting to narrow allowable information such that Mayfield may be unable to prove his claims.

Mayfield has brought an excessive force lawsuit claiming assault and battery, outrage and civil rights violations stemming from an incident involving alleged unlawful physical injuries caused by an Edmond Police officer sometime around midnight on Oct. 31, 2007.

Kushmaul and King deny Mayfield was physically assaulted.

The judge also gave the plaintiff more time to break in a new expert witness.



marks@edmondsun.com | 341-2121, ext. 108

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