United States District Court, E.D. Oklahoma
A. WHITE UNITED STALES DISTRICT JUDGE.
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.
of Undisputed Facts
Defendant Thomas is a certified police officer for the Town
of Haskell, Oklahoma.
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.
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
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.
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.
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.
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.
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.
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
August 31, 2012, a preliminary hearing was held. Defendant
Thomas did not testify. The victim, KP, did ...