Mark Schlachtenhaufen

EDMOND — A Logan County man serving time in prison is suing the city and an Edmond police officer over injuries stemming from an alleged jail incident, according to a court document obtained by The Edmond Sun.

Richard K. Watson, an inmate in the William S. Key Correctional Center in Fort Supply, filed a civil excessive force lawsuit against the city and Edmond Police Officer Joseph Stoy in U.S. District Court for the Western District of Oklahoma on Nov. 6.

Watson, who lists Guthrie as his permanent residence, is seeking more than $75,000 and a jury trial for injuries he allegedly suffered during the alleged incident that occurred on April 10, 2008, in the city jail.

On that date, Watson was being held in the city jail on various complaints stemming from a traffic stop. In the jail, Watson alleges that the officer grabbed his wrists “with great force” and then “violently struck” him in the face with his forearm, according to court papers.

Watson claims he suffered a broken nose, bruising and other injuries. He also claims he suffered great pain and suffering, and emotional damage.

Watson’s attorney, George Brown, is legal counsel for plaintiffs in two other civil excessive force lawsuits involving the city and the Edmond Police Department. Brown said the allegations in Watson’s complaint fully explain the circumstances.

Steve Murdock, the city’s attorney, said the city will file a timely response, and both the city and Stoy continue to deny the allegations.

“The City of Edmond and Officer Stoy both deny the use of any unreasonable force or excessive force occurred while Watson was in custody or at any other time, and both the City of Edmond and Officer Stoy deny Watson’s constitutional rights were violated,” Murdock said in a statement issued to The Sun.

In July, after conducting an investigation, the FBI ruled the incident did not merit further federal scrutiny. In a previous report, Edmond Police Chief Bob Ricks said the EPD conducted its own internal investigation and reached the same conclusion as the FBI.

“Upon careful review of the information we have obtained to date, it has been determined this situation does not meet the requisite guidelines for initiation of federal criminal civil rights investigation,” James Finch, special agent in charge at the Oklahoma City FBI office, wrote in a letter to Ricks.

Debra L. Duncan, Watson’s mother, stated in a sworn affidavit filed in U.S. Western District Court that neither she nor her son have been asked by the EPD to participate in any investigation. During a previous interview, Watson said he was not part of either investigation.

The incident “constituted greatly excessive force than what was reasonably necessary under the existing circumstances and/or what an ordinary, prudent police officer would have used under the circumstances,” the plaintiff claimed in court papers.

In Stoy’s incident report, he wrote that at the jail, Watson was given permission to use the rest room, but he was told not to flush the toilet.

Watson allegedly flushed a “white substance” down the toilet, and Stoy wrote he feared Watson might be concealing some kind of weapon. After Watson reportedly failed to comply with Stoy’s orders to put his hands behind his back and turn around, Stoy acted.

“I aggressively thrust my right arm across Watson to attempt to direct his momentum towards the wall so I could use his resistance to take him to the floor while still controlling his hand,” Stoy wrote. “During this movement, my right elbow struck Watson in the face and caused bleeding from his nose and mouth.”

In his affidavit of probable cause, Stoy did not mention the bleeding from Watson’s mouth and wrote that the contact to Watson’s face with his forearm or elbow which caused his nose to bleed was “inadvertent.”

Watson said the contact was not inadvertent and that he was struck more than once. Watson maintains he was searched during the booking process and he did not possess a weapon.

An open records request filed by The Sun with the city included video of the jail incident. Murdock said the video is currently subject to a judicial protective order that ensures fairness to all parties.

Additionally, The Sun previously sought information related to any disciplinary proceedings related to the incident. That request was denied.

Murdock said Watson did not need to file a tort claim with the city before pursuing the civil lawsuit as tort claims and constitutional claims differ in procedural requirements.

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