The shadow of Shawn Kays, disgraced former chief of police for Watonga, just keeps coming back to cast its ugly shade on the town.
The newest incarnation is through a civil rights lawsuit filed in the Western District of Oklahoma. It names the city, Kays, his ex-wife Michelle Singh and police dispatcher/office manager Anitra Harper and was filed by Julia Barbara Cosby.
In the suit, Cosby asks for $75,000 in damages plus court costs and attorney fees.
The matter stems from events beginning July 1, 2019 when Cosby was allegedly assaulted by her roommate, Wilbur Randle. Cosby fled to the nearby home of Randle’s mother, who called Watonga Police. Wilbur Randle was arrested, the complaint reads, and charged with domestic assault. He was later released on bail and began staying at his mother’s home.
The complaint alleges the Randle family and the landlord for the trailer, Alana Burks, were friendly. Alana Burks is Anitra Harper’s sister. The claim is made that Burks had Harper use her job at the police department to have officers harass Cosby and attempt to force her from the trailer home.
On July 14, the suit claims, Kays came to the residence and presented an eviction notice to Cosby. That eviction notice, according to the complaint, was not valid or legal and had no effect. On July 23, Cosby was told by Burks, Harper and Randle that Wilbur Randle was moving back into the residence, and she would have to vacate the premises. They left, the suit charges, but some 45 minutes later, Kays came to the home, shouting obscenities at Cosby and accusing her of possession of marijuana. The complaint further alleges Kays shoved Cosby out of the trailer without allowing her to gather her possessions. She spent the next several weeks living in various places.
Around Aug. 13, Cosby went to the home of Burks’ handyman to collect her possessions. The handyman went to get the belongings and left Cosby at his home to wait. Kays, Singh and other officers showed up at that location and accused Cosby of burglary. The complaint states Kays grabbed Cosby and threw her out of the home and onto the concrete outside, then sat on her punching her and twisting her arm until her elbow and shoulder dislocated.
Cosby was put in Singh’s police cruiser. After a telephone call Singh took Cosby to Mercy Hospital and then transferred her to Red Rock Behavioral Health Psychiatric Hospital. Red Rock, the complaint indicates, Cosby was taken to Clinton Hospital where the dislocation was diagnosed.
Cosby’s complaint reads that Kays produced an affidavit falsely claiming she was a danger to herself and others in an attempt to have her committed. It further states only Kays and Harper had access to department records and used that access to falsify records so that Cosby would be committed. They also allegedly used the access to cover up illegal, unconstitutional actions.
The suit further alleges several officers went to the city manager, mayor and council members and told them what had happened. The officers, who were unnamed, were told that no action was going to be taken against Kays.
The complaint reads that Kays had been fired from multiple other departments for misconduct and mental unfitness, yet the city hired him as chief of police. Other complaints include that he bribed other officers to file false reports against citizens he disliked; he harassed, assaulted, both physically and sexually and stalked other officers; and retaliated against officers who reported his misconduct.
The suit alleges that by allowing Kays to become chief and remaining in charge of the department, the city gave tacit approval to his custom of improper training and supervision of officers; unreasonable bias and discrimination against bothersome or annoying citizens; and delegating authority to persons who were insufficiently trained to determine whether persons were in need of commitment to a mental health facility. It also claims there was unreasonable use of excessive force and the actions infringed on Cosby’s Fourth and Fourteenth Amendment Constitutional rights.
The Fourth Amendment protects citizens against unreasonable search or seizure and the right to be secure in their persons. The first section of the Fourteenth Amendment protects against depriving a person of their life, liberty or property without due process, nor deny any person of equal protection under the law.
The lawsuit was forwarded by the city to an Oklahoma Municipal League counselor who has experience in constitutional lawsuit defense. The city is entitled to that representation by its membership in the municipal league.