The Edmond Sun

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November 5, 2009

City responds in latest litigation

Mark Schlachtenhaufen

EDMOND — Police officers did not have a search warrant, but the city denies they physically assaulted a disabled veteran and his son during an alleged home invasion, according to court documents obtained by The Edmond Sun.

The city and two police officers are named in a civil lawsuit filed by Steven Cain, a disabled Vietnam veteran, and his son, Ryan Cain, who allege they were subjected to excessive force during an incident at their home in April 2008.

Steve Murdock, attorney for the City of Edmond, said he preferred to let the response filed in court on Oct. 28 speak for the city.

George Brown, the plaintiffs’ attorney, was away from the office Tuesday and Wednesday and unavailable for comment. Brown is also the attorney in another civil lawsuit filed against the city.

According to the city’s response, the city admits the officers did not have a search warrant, but contends they acted in self-defense. In addition, the city denies the officers attempted to cover up their actions by arresting the plaintiffs under false charges.

Additionally, the city says the plaintiffs’ complaint fails to state a claim for relief against Edmond, and that the city is exempt from liability under the Governmental Tort Claims Act.

The plaintiffs failed to fulfill required prerequisites to filing suit, and the claims are barred by the statute of limitations, the city stated. The “plaintiffs’ own negligence and refusal to follow instructions was the cause of any damages he might claim,” the city contends.



Lawsuit background

At about 12:45 a.m. on April 10, 2008, a 9-1-1 call was made from 1000 E. Ridgecrest Road. Shortly thereafter, the 9-1-1 operator called the home and the parties reported that the call was a mistake.

At the home, police claim they observed a dispute between Ryan Cain and Illiyana Stoycheva-Cain while they were looking through window blinds into the living room.

Police stated that at the city jail Ryan Cain said he and Steven Cain had not been in a fight. He said his father was a Vietnam veteran and has “problems.” When asked how he suffered an eye injury, Ryan Cain was evasive, police said.

When asked about apparent existing injuries to the two men, Stoycheva-Cain initially acted like she did not know what the officer was talking about, police said. When police asked how Ryan Cain’s right eye was injured, she said he injured himself, but later said he may have struck his eye on a decorative wall hanging. She denied the men had been in a fight.

Police said Stoycheva-Cain told them Steven Cain would not take his medication and Ryan Cain was concerned about it.

Steven Cain claims he suffered multiple injuries and emotional damage during the incident. Ryan Cain also claims he was injured, and that he suffered emotional trauma.

The plaintiffs are seeking compensation for their alleged injuries and emotional distress, punitive damages, attorney fees and other court-related costs. They also are seeking a jury trial.

The plaintiffs filed their notice of claim with the city on March 30. The claim, which requested more than $100,000 in compensation, included Stoycheva-Cain, who is not listed as a plaintiff in the civil lawsuit.



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

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