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Shed v. State Ex rel Oklahoma Department of Human Services

United States District Court, E.D. Oklahoma

June 20, 2017

MITCHELL BEAU SHED, Plaintiff,
v.
STATE OF OKLAHOMA ex rel Oklahoma Department of Human Services, et al.,

          ORDER

          RONALD A. WHITE UNITED STALES DISTRICT JUDGE.

         Before the court is the motion of defendants Kermit Thomas and Town of Haskell for summary judgment (Dkt. # 91). Plaintiff filed a response on June 12, 2017 (Dkt. # 99). Defendants filed a reply on June 16, 2017 (Dkt. # 103). This lawsuit commenced in the District Court for Muskogee County, when plaintiff filed his petition on June 27, 2016. The action was removed to this court and plaintiff filed an amended complaint on October 26, 2016.

         Statement of Undisputed Facts

         1. Defendant Thomas is a certified police officer for the Town of Haskell, Oklahoma.

         2. On or about May 5, 2012, Defendant Thomas was contacted by Oklahoma DHS employee Tracy Murphy, who advised DHS had received information regarding a possible sexual assault of a five-year old girl in the Town of Haskell.

         3. Defendant Thomas was asked by the DHS employee to attend a forensic interview of KP, and her three-year old sister on May 7, 2012, at 11:30 a.m., at the Kids Space Center in Muskogee, Oklahoma.

         4. Defendant Thomas attended the interview, but viewed it on the other side of a two-way mirror. He did not participate in the questioning of KP.

         5. During the initial interview, Defendant Thomas heard KP say that Plaintiff had put his hand under her night dress and was digging in her. KP demonstrated with male and female dolls what had occurred by putting the male doll's hand under the dress of the female doll and moving the hand up and down.

         6. Defendant Thomas also observed the interview of KP's mother, Jessica Shed, who stated KP had never told her anyone had touched her private area.

         7. Defendant Thomas interviewed plaintiff regarding the allegations on May 9, 2012 at the Haskell Police Department. Plaintiff was accompanied by legal counsel and Mirandized. Plaintiff denied touching KP or her sister except for washing their hair while bathing them.

         8. On June 13, 2012, a one count information was filed in Muskogee County District Court, case number CF-2012-508, naming plaintiff as the defendant, and listing as count one: CHILD SEXUAL ABUSE-21 O.S. 843.5(E) a FELONY.

         9. Simultaneously filed with the information and the affidavit of Defendant Thomas was a pleading entitled “FINDING OF PROBABLE CAUSE, ” signed by a Muskogee County District Court Judge.

         10. On August 31, 2012, a preliminary hearing was held. Defendant Thomas did not testify. The victim, KP, did ...


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