United States District Court, E.D. Oklahoma
BRYANT S. FLORIE, Plaintiff,
OFFICER BREEDLOVE, et al., Defendant.
OPINION AND ORDER
H. Payne, United States District Judge.
action is before the Court on Defendants' motions to
dismiss Plaintiff's third amended civil rights complaint
pursuant to 42 U.S.C. § 1983. The Court has before it
for consideration the third amended complaint (Dkt. 63),
Defendant Derrik Vigil's motion to dismiss (Dkt. 79),
Defendants Breedlove and Jason Bumgarner's motion to
dismiss (Dkt. 82), and Plaintiff's responses to the
motions (Dkts. 92, 93, and 94).
a pro se state prisoner who is incarcerated at North Fork
Correctional Center in Sayre, Oklahoma, brought this action
pursuant to 42 U.S.C. § 1983, seeking relief for alleged
constitutional violations surrounding his arrest in Seminole
County, Oklahoma, on February 18, 2016. The defendants
are Officer Jason Bumgarner of the Seminole Police Department
and Officers Breedlove and Derek Vigil of the Wewoka,
Oklahoma, Police Department.
alleges that on February 17, 2016, he received a security
alarm for his house about a mile away. He drove to the house
and saw two individuals run out the front door which had been
kicked in. Plaintiff got into a physical altercation with a
third person who still was in the house.
police arrived about an hour later. Plaintiff knew Deputy
Brooks and allowed him into the house. Brooks told Defendant
Officer Breedlove to look at the door, which had a footprint
on it. Deputy Brooks did not look at Plaintiff's video
surveillance footage, because Brooks was only a back-up and
was outside his jurisdiction. Brooks called Defendant Officer
Jason Bumgarner, and Bumgarner advised Plaintiff that he had
instructions to arrest Plaintiff.
asked the officers to look at the footprints of the supposed
victims and others who allegedly were at the scene, in an
attempt to match the footprint on the door. The officers,
however, did not check the footprints. When Plaintiff
mentioned the surveillance videos on his cameras and phones,
Officers Breedlove and Vigil took both phones. The district
attorney later told the judge that the Wewoka Police
Department had lost the phones, and phone records were
subpoenaed. Plaintiff asserts Officers Vigil and Breedlove
were out of their jurisdiction, and if the county had been in
charge of the case, he would be free. (Dkt. 63 at 7-8).
third amended complaint raises three claims:
[Count I]: Officer Breedlove and Vigil refused to investigate
the kicked in door in my residence & compare foot prints
with people there 2-17-2016.
Count II: Also Officer Vigil & Breedlove (took
surveillance footage frome [sic] alleged crime scene and now
it cant [sic] be found) after Deputy Brooks witness [sic]
them take it 2-18-2016.
Officer Jason Bumgarner refused to investigate a possible
burglary and was lead officer but possibly out of
Count III: Also Officer Bumgarner refused to even look at the
surveillance footage of the entire incodent [sic] I am
incarcerated for 2-17-2016 & 2-18-16.
All 3 officers refused protocol and only wished to arrest me
and not investigate the truth on 2-17-16 2-18-16. See all
motiones [sic] and transcripts in plaintiff's ...