Proposal will make it harder to sue Oklahoma cops for using “excessive force”

After reports of officers engaging in shady acts of civil forfeiture, the shooting of unarmed civilians, and alleged racketeering over the last couple of years, you’d think our lawmakers would be looking to curtail law enforcement’s authority while determining if agencies have the training and accountability necessary to act ethically. Especially before extending that authority to make it easier for officers to use excessive force, while making it harder for civilians to hold cops accountable for using it.

Via The Frontier…

A bill filed last week would seem to make it harder to sue law enforcement officers for using excessive force, making “excessive force” a term not subject to the policies of an individual agency.

House Bill 2328, authored by Rep. Kevin McDugle, R-Broken Arrow, and Josh West, R-Grove, would amend Oklahoma’s current statute defining excessive force and removes a portion that holds peace officers subject to state law “to the same degree as any other citizen.”

You can read the bill for yourself here. Like I’ve said before, coming from a police family I can understand the need for officers to be able to protect themselves. Law enforcement is often a thankless job with long hours and fewer donuts than you’d think. But for a state that had more police involved shootings in 2018 than the entire Kingdom of Great Britain had in the last 10 years combined, I don’t think our problem is officers not having enough authority to protect themselves. It just doesn’t seem like they have the right training to use it.

Spencer Bryan, a Tulsa attorney with experience in filing excessive force cases, called the proposed change to the law “very disingenuous.”

Bryan said the change would essentially take away legal remedies for people injured by a law enforcement officer who was violating policy.

“It’s pretty interesting that they want to strip this language out. Bryan said. “It seems obvious what they want to do. They want to inject this more elastic language … to justify more policy violations.”

The Frontier goes on to state that data on excessive force complaints is scarce because it is often not reported outside of the agency in which it occurred. So being that we don’t have the actual data, maybe it’s really the case that most officers are acting ethically, so many complaints are unfounded. If that’s the case, then it makes sense to give an extra layer of legal protection to our officers. Maybe lawmakers should pass a bill mandating all excessive force complaints be public knowledge so the general public can know just how ethical their law enforcement agencies are really acting. It sounds like something our lawmakers may need to know when they are writing our legislation.

Whacha gonna do when they come for you. Follow Hayley on Twitter @squirrellygeek

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38 Responses


  1. I see that my own odious state rep Josh West has popped up again. I talked about him yesterday in the TLO comments following the post “Oklahoma House produces boring 2019 Hype Video…”

    Besides being a dim bulb who says that Medicaid expansion in Oklahoma would be the “first step to Socialism,” West also accepted the Speaker’s appointment to Eastern Oklahoma’s “Coordinating Council on Poultry Growth” while continuing his full-time employment with Simmons Foods. Many people might see a conflict of interest here, but I’m sure that the concept never occurs to Rep. West.

    How do people like West live with themselves? And why would we trust him to represent US as opposed to the guys who write his paychecks?


    1. You’re more than welcome to run against him for his seat in the next election cycle. This way, you could represent US.


      1. West won in 2018 against a much better Democratic candidate than I could ever be. He also won against a fairly decent Republican candidate in the primary.


    2. Because he’s not a Democrat, duh. Any corrupt Republican is better than any good Democrat, don’t ya know? It’s the Oklahoma way.


  2. Like police brutality is something new…. of course they are going to promote legislation that protects their own… tactics are tactics taught and learned


  3. If you don’t support this bill, you hate America and want the terrorists to win.

    Or something like that.


    1. The terrorists have already won. He’s in the White House. He has done more damage to this country than Bin Laden could have ever dreamed.


      1. SR, do list the “damage” inflicted, please. Your brain damage doesn’t count…


        1. SR could list them, cite every single resource, connect the dots, use crayons, and someone like you would still believe the lies. There’s no reasoning with a Trumpanzee. You wanna be one? Fine. You and your ilk are never welcome in my world.

          Since you can’t seem to say anything nice, just shut up ViX. Period.


          1. Cry me a river, snowflake!


          2. Somehow the burden of proof is on us to show that a President who is historically unpopular isn’t doing a good job. This is exactly what it is like to deal with someone in a cult. There is nothing you could possibly provide that would convince them that Jim Jones, I mean Donald Trump, isn’t everything he claims to be.


  4. Yeah, this is what we need more of…people with “authority” introducing things that prevent them from being held accountable by the regulations put forth to do so. This would be like the military saying “we operate under the UCMJ, but it doesn’t apply to us if we violate it”. Definitely Trump fans are putting this up.


  5. Maybe it’s be easier to stop shooting people?
    Just throwing that out there.


    1. Get outta here with that crazy talk.


  6. There is a tiny town in Texas called Houston…. where Tuttle and Nicholas lived…. last week the Man killed their dog… it was a family home according to tuttles sister… do you think they knock before they come in…


    1. “the drug raid on the home stemmed from numerous complaints from neighbors….undercover officers had previously made two purchases of black tar heroin from drug dealers at the house…. Armed with a search warrant, narcotics detectives backed up by patrol officers surrounded the home…an officer entered the residence and was immediately attacked by a pit bull….Tuttle, charged from the back of the house firing a revolver at the officer, hitting him in the shoulder…A female suspect went towards that officer, reached over the officer and started making a move for his shotgun…..Tuttle followed the retreating officers to the front door and continued to fire at them before he was shot and killed”

      It’s called a no-knock warrant. When you’re dealin’ heroin/fentanyl from your house, bad shit happens.

      https://www.nytimes.com/interactive/2018/11/29/upshot/fentanyl-drug-overdose-deaths.html


      1. vH, who cares about the context? (especially on this blog)


      2. Posts like this with facts don’t play well on The Lost Ogle faithful. And don’t dare to mention the abysmal 8 years of obama or you will incur the wrath of far left posters! obama’s pitiful performance is what got Trump elected in the 1st place, but obama’s loyal followers think it had something to do with racism. Race had nothing to do with it, he simply wasn’t worth a damn.


        1. Hmmm….Trump received 46% of the popular vote, defeated Obama and was elected President?
          Intellectual dishonesty at it’s finest.


          1. Trump did not defeat obama – do you not even know who was running? Lack of intelligence at its’ finest!


            1. “….obama’s pitiful performance is what got Trump elected in the 1st place…”. Really?
              Actually it was Ms Clinton’s pitiful performance that put Putin’s punk in office.
              BTW…lack of intelligence vs intellectual dishonesty…big difference…and are mutually exclusive.


      3. True, bad things do happen.

        Unfortunately, it goes both ways, like when Eurie Stamps was killed in a no-knock warrant on the wrong address. No one was charged, as is generally the case when no-knock warrants or swat raids hit innocent people.


        1. Yep. Drug Raid at 4 AM.

          “Whoops, sorry. Wrong house.”


      4. Yea but what if the Man had knocked… or approach an individual on the street… look at what excessive force caused in this case…


  7. It’s funny I don’t recall seeing any stories on the lost ogle about murderers rapists etc. etc. Oh well I love you for your public events information and your sarcasm about local news media, however your liberal slant gets a little old. I will remain a loyal reader so I can post my opinion on this and hopefully no one will shoot me for wearing a hat.


    1. Clark, you good. As long as you don’t commit a face crime while wearing it (aka smirking).


    2. Muderers and rapists aint funny, Clerk!


    3. I don’t know what you’re talking about, Ralph Shortie has appeared a lot on this blog.


    4. Clark, you must have missed the stories about the Tulsa police officer (Shelby) and phoney drive-along guy (Mr. Taser – Bates). Flat out murder.

      You’ll probably point out how Shelby was acquitted by a jury of her peers. Should have been tried by a jury of the murder victim’s peers.

      Recall is a bitch at our/your age.


    5. That all depends on what kind of hat your wearing… black hat… white hat… or a sombrero… perhaps a turban….


  8. No more two-tiered legal system!


  9. Everyone just calm down. And please eat a snickers. You all sound hangry.


  10. I doubt much will come of this, nor should it. Police occupy a roll in our society that gives them a lot of privileges, but with those privileges comes an important societal need to ensure that they are monitored and do their jobs properly. They already enjoy a fair amount of extra protection, whether it’s official or not, and we don’t need to codify it into law.


  11. If left to some of these stupid lawmakers, we’d be a police state.


  12. Now that’s what I call “excessive force”
    https://kbzk.com/news/crime-courts/2019/02/02/wyoming-snow-plow-driver-hits-bag-of-cash-owners-busted-for-drugs/


  13. I figured Trump supporters would be in favor of limiting police use of excessive force. Why, wasn’t he just questioning how law enforcement handled the apprehension of one of his many criminal associates?


  14. WHY do they all look alike? Is there a class at the state house on how to dress like an asshole?


  15. When I have time I will read the entire article and offer my own thoughtful commentary. But for now, I have to run. My infant son just McDugled in his diaper.

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