Tulsa World: Owasso council OKs ex-officer's settlement

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Owasso council OKs ex-officer's settlement
The case dealt with his arrest and subsequent mental evaluation.

By RHETT MORGAN World Staff Writer
Published: 11/18/2009 2:22 AM
Last Modified: 11/18/2009 5:40 AM

OWASSO — The City Council authorized a settlement Tuesday in a federal lawsuit filed by a former police officer against three other officers, including the police chief.

The panel voted 4-0 to approve the settlement's terms, reached Nov. 10 in federal court in Tulsa, court records show.

Attorneys for Doug Driver, 46, filed suit last year against Police Chief Dan Yancey, Deputy Chief Scott Chambless and Officer Michael Denton. Driver, who was on the force for 17 years, alleges that they denied his civil rights by ordering his arrest and emergency mental evaluation without probable cause in August 2008.

Citing a confidentiality agreement among the litigants, city officials would not release the amount of the settlement.

The Tulsa World, citing the state's Open Records Act, e-mailed a formal request for the amount earlier Tuesday to City Attorney Julie Lombardi. That law states that "judgments, orders and settlements of claims, under the Governmental Tort Claims Act, shall be open public records unless sealed by the court for good cause shown."

Driver's attorney Guy Fortney couldn't be reached immediately for comment.

In an e-mail response to the Tulsa World on Tuesday, Yancey said that he, Chambless and Denton had been advised by lawyers not to comment on the case.

Fortney told the World in December that the city fired Driver after his Aug. 23, 2008, arrest, which came after Driver made contact with the Police Department's chaplain, who called Denton, records indicate.

Based on reports of Driver's "suicidal ideations," Denton sent officers to Driver's home. During the 75 minutes they were there, officers observed Driver to be intoxicated and said he denied having suicidal thoughts, the lawsuit contends.

They determined that Driver wasn't making any direct threats against any city employee and noted that without a request from officers, Driver unloaded his pistol and handed it to them, the petition states.

Officer Mike Harper notified Denton that Driver wasn't a danger to himself, the lawsuit states.

Despite the absence of probable cause as recognized by officers at the scene, Driver was ordered taken into custody by the defendants, who weren't at the scene, the petition says. He was taken to St. Francis Hospital in Tulsa for an emergency mental evaluation at Laureate Psychiatric Clinic.

In federal court documents, the defendants dispute many of Driver's claims, including that he was arrested without probable cause. They also deny that "suicidal ideations" were the only reasons officers were dispatched to Driver's home, court records show.

Rhett Morgan 581-8395
rhett.morgan@tulsaworld.com By RHETT MORGAN World Staff Writer

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Some reader comments for this story were copied from "Owasso settles former police officer's lawsuit," which was published on 11/17/2009.

	Report Comment Thunder196, Tulsa (11/17/2009 9:16:30 PM) Amount is not being disclosed. Interesting. Think he will be living comfortable?
	Report Comment Elusive, the burbs (11/17/2009 9:20:14 PM) It sounds like Owasso made a smart decision. They certaily mishandled this situation.
	Report Comment Elusive, the burbs (11/18/2009 3:07:45 AM) Smart decision by Owasso, it sounds like these cops overstepped their boundaries.
	Report Comment Webmeister, Tulsa (11/18/2009 5:44:51 AM) Thank you, Tulsa World, for trying to ferret out the Settlement amount. When the taxpayers are paying the bill, we have a right to know what the bad acts of government agents and officers are costing us.
	Report Comment OkieGrump, Okmulgee (11/18/2009 1:30:07 PM) I agree wholeheartely with Webmeister on this issue. Any settlement like this, even if it is paid for entirely by insurance, ends up costing the taxpayers through higher insurance premiums if nothing else. The taxpayers have an absolute right to know the source of every penny of expense they are expected to pay.
	Report Comment SADE2009, Tulsa (11/18/2009 3:46:05 PM) Yup everytime a a government official plays dirty and then they get caught at it, and then a lawsuit is filed well guess what that official won't be paying that money WE WILL thats why it pays literally to hold these politicians and police accountable for what they do.

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