Civil Lawsuit Against Tulsa County Reserve Deputy in Eric Harris’ Death Continues

But Dowdell, in his opinion and order, noted that Harris’ estate alleged that Bates did not mistake his gun for his Taser, and that even the use of a Taser on a subdued, non-fleeing, unarmed person would have constituted excessive force.

“The facts alleged as to Bates — that he used deadly force on an unarmed, subdued person who was not fleeing — state a plausible claim for excessive force against Bates,” Dowdell wrote in his ruling.

Glanz, in his dismissal request, noted that he did not personally participate in causing Harris’ alleged constitutional deprivation, nor was he privy to any information that would allow a reasonable finder of fact to conclude that he ignored an excessive risk of harm to Harris.

However, Dowdell notes that Glanz recognizes that an official may be personally liable where he promulgated, created, implemented or possessed responsibility for the continued operation of a policy that caused constitutional harm and acted with the state of mind required to establish the alleged constitutional deprivation.

Harris “has stated claims for individual liability against Glanz,” Dowdell wrote.

“Those allegations include that Glanz was responsible for policies of providing preferential treatment to his long-time friend and financial supporter, Robert Bates, which included exempting Bates from mandatory training requirements that were established to protect the public, with deliberate indifference to the known, excessive risks to the public who would encounter Bates,” Dowdell wrote.

The judge also denied dismissal requests filed on behalf of the three deputies and Regalado, who is sued in his official capacity, or effectively as a representative for Tulsa County. Regalado was not an employee of the Sheriff’s Office at the time of Harris’ death.

“Indeed, the plaintiff alleges that training was falsified, policies put in place to protect the public were blatantly ignored in order to allow Bates to ‘play cop,’ and regular TCSO employees who brought Bates’ alleged incompetence and lack of training to the attention of senior TCSO officials were ignored, silenced, moved from their supervisory positions over Bates, and/or subject to retaliation for raising any issue regarding Bates,” the judge wrote in rejecting Regalado’s dismissal request.

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Filming Cops
Filming Cops 3214 posts

Filming Cops was started in 2010 as a conglomerative blogging service documenting police abuse. The aim isn’t to demonize the natural concept of security provision as such, but to highlight specific cases of State-monopolized police brutality that are otherwise ignored by traditional media outlets.

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  • Sgt. Killgood

    Bates claimed the lawsuit should be dismissed because the shooting was accidental . So if you accidentally kill a cop while fearing for your life , during a traffic stop . It’s ok .