Bobby Haley Sr.: His lawsuit claims police coached an informant
A Glenpool man who was freed from prison as a result of exposed corruption in the Tulsa Police Department can proceed to trial in a civil lawsuit against the city of Tulsa, a federal judge found Tuesday.
In a rare victory for those who have sued the city in the wake of the scandal, U.S. District Judge Tim Leonard found that Bobby Wayne Haley Sr. has "presented sufficient evidence that, if believed by a jury, would support a finding of deliberate indifference to the need for training (of officers) on civil rights matters and for additional oversight of the search warrant process."
Leonard wrote that "the city is therefore not entitled to summary judgment on plaintiff's Fourth Amendment search and seizure and malicious prosecution claims."
The judge scheduled an Aug. 12 trial date.
Haley, 58, filed his lawsuit in Tulsa federal court in June 2010 after being released from prison, where he had served four years of a 22-year sentence in a federal cocaine case.
Central to his claim was the allegation that Tulsa police officers - including the subsequently convicted Jeff Henderson - coached an informant and improperly obtained warrants to search Haley's business and home on May 27, 2004. Based on items that were seized during those searches, Haley was arrested, charged and convicted.
Henderson was convicted in August 2011 of perjury and civil rights violations and was sentenced to 3 1/2 years in prison, with credit for time served while awaiting trial. He is currently in a federal facility in Yankton, S.D., and is scheduled to be released on Oct. 25, according to the U.S. Bureau of Prisons.
Leonard wrote that Haley "has presented sufficient evidence to create a jury question as to whether the city was on notice of potential constitutional violations by Henderson and other police officers prior to plaintiff's arrest and Henderson's subsequent alleged perjury."
The judge wrote that the record does not reflect that the city took any remedial action as a result of such "numerous" complaints.
"There is no indication that any of the officers involved were censured or were required to attend additional training," Leonard wrote. "Nor is there evidence that the city ever established any policies for acquiring search warrants."
Also, "although there is evidence from which a jury could find that the city was on express notice that more than one citizen believed Henderson was lying about having a confidential informant, it did not require Henderson to complete a confidential informant file, background information form, or agreement with the individual - any of which might have revealed the fraud," the judge wrote.
Tulsa attorney J. Derek Ingle, representing Haley, said in a written statement on Tuesday: "This is a very significant ruling. Judge Leonard took keen interest in the shockingly high number of citizen and internal affair(s) complaints lodged against former officer Jeff Henderson."
Ingle continued, "Particularly, the court noted that the city of Tulsa was put on notice of Jeff Henderson's illegal conduct and should have taken remedial measures to stop it as early as 2004. Unfortunately, the city did nothing which allowed Henderson to continue depriving citizens of their very freedom including putting persons in prison for crimes that never even occurred - except in Henderson's sinister mind."
In the same order, Leonard granted the city's motion for summary judgment on several other legal claims brought by Haley.
Attorney Guy Fortney, representing the city, said the city had hoped it could "knock out" all of Haley's claims at the summary judgment stage.
Still, the city will be ready for trial and will be fully prepared to defend itself against Haley's allegations, he said, adding that jurors will get the opportunity to hear about "who Mr. Haley is."
At least 15 other lawsuits have been filed by other people who claim that they were victimized by the sort of activity that was the subject of a grand jury probe into the Tulsa Police Department. The investigation resulted in charges against six current or former Tulsa police officers and an ex-federal agent, as well as accusations of criminal behavior against five officers who were not charged.
The city has been dismissed as a party from several of those lawsuits.
Leonard granted the city's motion for summary judgment in Haley's case last Sept. 7. However, the judge reopened the case Nov. 5.
Ingle noted that "the earlier dismissal of Mr. Haley's case had nothing to do with the merits. It was dismissed solely because Mr. Haley's former attorney failed to respond to a motion filed by the city. The court's decision today was on the merits."
David Harper 918-581-8359
david.harper@tulsaworld.com
Original Print Headline: Man to get day in court after 4 years in prison
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