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Cherokee Press Association
Copyright © 1998 CPA
All Rights Reserved
Cherokee Press Association
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Wednesday, May 20, 1998
[For any further information contact:
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The Marvin Summerfield and Robin Mayes, Plaintiffs, vs.Mark McCullough, Joel Thompson, Charlie Addington, Bob Lewandowski, Housing Authority of the Cherokee Nation, Bob Powell, Housing Authority of the Cherokee Nation Board of Commissioners, Aleyene Hogner, in her capacity as a member of the Housing Authority of the Cherokee Nation Board of Commissioners, Sam Ed Bush, in his capacity a member of the Housing Authority of the Cherokee Nation Board of Commissioners, Stanley Joe Crittenden, in his capacity as a member of the Cherokee Nation Board of Commissioners, Melvina Shotpouch, in her capacity as a member of the Housing Authority of the Cherokee Nation Board of Commissioners, Nick Lay, in his capacity as a member of the Cherokee Nation Commissioners, and John Doe(s) Defendents. Case No. 98-CV-0328-B(EA) Filed May 12, 1998 - U.S. District Court For The Northern District of Oklahoma ....(This lawsuit is seeking monetary damages for the unlawful interception, disclosure and use of wire, oral, and/or electronic communications in violation of 18 U.S.C. Paragraph 2520 and for violation of civil rights under 42 U.S.C. #'s 1983, 1985, and 1986.)
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OKLAHOMA
Filed May 12, 1998
MARVIN SUMMERFIELD and )
ROBIN MAYES, )
)
Plaintiffs, )
)
vs. ) Case No.
) 98-CV-0328-B(EA)
)
)
MARK McCULLOUGH, JOEL THOMPSON, )
CHARLIE ADDINGTON, BOB LEWANDOWSKI, )
HOUSING AUTHORITY OF THE CHEROKEE )
NATION, BOB POWELL, HOUSING AUTHORITY )
OF THE CHEROKEE NATION BOARD OF )
COMMISSIONERS, ALEYENE HOGNER, )
in her capacity as a member of the Housing )
Authority of the Cherokee Nation Board of Commissioners, )
SAM ED BUSH, in his capacity a member of the Housing )
Authority of the Cherokee Nation Board of )
Commissioners, STANLEY JOE CRITTENDEN, in his )
capacity as a member of the Cherokee Nation Board of )
Commissioners, MELVINA SHOTPOUCH, in her capacity )
as a member of the Housing Authority of the Cherokee )
Nation Board of Commissioners, NICK LAY, in his )
capacity as a member of the Cherokee Nation )
Commissioners, and JOHN DOE(S) )
)
Defendents ) JURY TRIAL DEMANDED
_________________________________________________________)
FIRST AMENDED COMPLAINT
This lawsuit is seeking monetary damages for the unlawful
interception, disclosure and use of wire, oral, and/or
electronic communications in violation of 18 U.S.C. Paragraph
2520 and for violation of civil rights under 42 U.S.C. #'s
1983, 1985, and 1986. Plaintiffs Marvin Summerfield and Robin
Mayes for their First Amended Complaint and cause of action
against Defendants allege and state as follows:
PARTIES
1. Marvin Summerfield ("Summerfield") is an individual who, at
all times relevant to the matters alleged in his Complaint, was
a resident of the City of Jay, Delaware County, Oklahoma, and
who presently is a resident of the City of Miami, Ottawa County,
Oklahoma.
2. Robin Mayes ("Mayes") is an individual who at all times
relevant to the actions alleged in this Complaint was a resident
of Tahlequah, Cherokee County, Oklahoma.
3. Mark McCullough is an individual residing in the City of
Pryor, Mayes County, Oklahoma.
4. Joel Thompson ("Thompson"), Charlie Addington ("Addington"),
and Bob Lewandowski ("Lewandowski") were, at all times relevant
to the actions herein complained of, employees of the Housing
Authority of the Cherokee Nation. Addington is a resident of
the City of Jay, Delaware County, Oklahoma, and Lewandowski and
Thompson are residents of Tahlequah, Cherokee County, Oklahoma.
5. The Housing Authority of the Cherokee Nation is an Indian
Housing Authority (hereinafter referred to as the "Housing
Authority") organized under the laws of the State of Oklahoma
with its principal place of business in Tahlequah, Oklahoma,
although it has operations and a field office within Delaware
County and other counties within the Northern District. The
actions complained of herein regarding Addington, Lewandowski
and Thompson, on information and belief, occurred during their
execution of their duties at the Housing Authority with
equipment owned by Housing Authority.
6. Bob Powell is an individual who upon information and belief,
was at all times relevant to the matters alleged in this
complaint, an employee at the Cherokee Nation, possibly as
Inspector General. Upon information and belief Mr. Powell is a
resident of Tahlequah, Cherokee County, Oklahoma.
7. Aleyene Hogner, Sam Ed Bush, Stanley Joe Crittenden, Melvina
Shotpouch, and Nick Lay are named herein in their official
capacities as members of the Housing Authority of the Cherokee
Nation Board of Commissioners, which has supervisory authority
over the activities of the Housing Authority, its managers and
supervisors, and its other employees.
8. Upon information and belief, there exists other currently
unidentified and unnamed participants in the actions involved in
this Complaint who are identified as John Doe(s) for purposes of
this Complaint at this time.
JURISDICTION
9. This Court has federal question jurisdiction pursuant to 28
U.S.C. #1331, because this cause of action is brought under 18
U.S.C. #2520 and 42 U.S.C. #'s 1983, 1985, and 1986.
10. Venue is appropriate in the Northern District of Oklahoma
since one of the Plaintiffs and the Housing Authority and the
Housing Authority Board of Commissioners conduct business in the
Northern District. Additionally, on information and belief, the
illegal wire taps on other illegal interceptions of wire, oral,
or electronic communications were intercepted, disclosed and/or
intentionally used within the Northern District.
FIRST CAUSE OF ACTION
11. The Plaintiffs incorporate by reference as though fully set
forth herein the allegations set forth in Paragraphs 1 through
10 of their complaint.
12. The cause of action is brought under title 18 U.S.C.
#2520.
13. Upon information and belief, the Defendants at times during
the period between January 1, 1996 and the present date did
violate the rights of Plaintiffs herein by intercepting,
disclosing, and/or intentionally using wire, oral, and or
electronic communication between the Plaintiffs or between the
Plaintiffs and other unknown person or persons, in violation of
18 U.S.C. #2520. Upon information and belief such
interceptions, disclosures, and/or intentional uses occurred in
Delaware County, Oklahoma and perhaps other locations.
14. Summerfield and Mayes, the Plaintiffs herein, have suffered
actual damages in an amount yet to be determined, but in excess
of $100,000 and are entitled to the sum of actual damages proved
in this case or the greater of that sum and the statutory
damages allowable under 18 U.S.C. #2520.
SECOND CAUSE OF ACTION
15. The Plaintiffs incorporate by reference as though fully set
forth herein the allegations set forth in Paragraphs 1 through
14 of their Complaint.
16. This cause of action is brought under 42 U.S.C. #1983.
17. The Defendants, under color of law, deprived the Plaintiffs
of their rights, privileges, and immunities secured by the
Constitution and laws as citizens of the United States.
Furthermore, the Defendants Housing Authority, the Housing
Authority Board of Commissioners, and Aleyene Hogner, Sam Ed
Bush, Stanley Joe Crittenden, Melvina Shotpouch, and Nick Lay,
each of them in their capacities as members of the Housing
Authority of the Cherokee Nation Board of Commissioners, were
negligent in the hiring, training and supervision of Housing
Authority employees and through this negligence caused the
Plaintiffs to be deprived, under color of law, of their rights,
privileges, and immunities secured by the Constitution and laws
as citizens of the United States.
18. Summerfield and Mayes, the Plaintiffs herein, have suffered
actual damages in an amount yet to be determined, but in excess
of $100,000 and are entitled to the sum of actual damages proved
in this case or the greater of that sum and the statutory
damages allowable under 41 U.S.C. #1983.
THIRD CAUSE OF ACTION
19. The Plaintiffs incorporate by reference as though fully set
forth herein the allegations set forth in Paragraphs 1 through
18 of their Complaint.
20. This cause of action is based on 42 U.S.C. #1985(3).
21. The Defendants conspired with one another for the purpose
of depriving the Plaintiffs of the equal protection of the laws,
or of equal privileges and immunities under the Constitution and
laws a citizens of the United States.
22. The Plaintiffs were deprived of having and exercising any
right or privilege of a citizen of the United States.
23. Summerfield and Mayes, the Plaintiffs herein, have suffered
actual damages in an amount yet to be determined, but in excess
of $100,000 and are entitled to the sum of actual damages proved
in this case or the greater of that sum and the statutory
damages allowable under 42 U.S.C. #1985.
FOURTH CAUSE OF ACTION
24. The Plaintiffs incorporate by reference as though fully set
forth herein the allegations set forth in Paragraphs 1 through
23 of their Complaint.
25. This cause of action is based on 42 U.S.C. #1986.
26. The Defendants had knowledge that wrongs under 42 U.S.C.
#1985 were to be committed, the Defendants had the power to
prevent or aid in the prevention of same and could have by
reasonable diligence could have prevented the same but they
neglected to do so, and such wrongful acts were in fact
committed. Furthermore, the Defendants Housing Authority, the
Housing Authority Board of Commissioners, and Aleyene Hogner,
Sam Ed Bush, Stanley Joe Crittenden, Melvina Shotpouch, and Nick
Lay, each of them in their capacities as members of the Housing
Authority of the Cherokee Nation Board of Commissioners, were
negligent in hiring, training and supervision of Housing
Authority employees and through this negligence caused the
Plaintiffs to be deprived, under color of law, of their rights,
privileges, and immunities secured by the Constitution and laws
as citizens of the United States.
27. Summerfield and Mayes, the Plaintiffs herein, have suffered
actual damages in an amount yet to be determined, but in excess
of $100,000 and are entitled to the sum of actual damages proved
in this case or the greater of that sum and the statutory
damages allowable under 42 U.S.C. #1986.
PUNITIVE DAMAGES REQUESTED
28. The Plaintiffs incorporate by reference as though fully set
forth herein the allegations set forth in Paragraphs 1 through
27 of their Complaint.
29. The actions of each and all of the Defendants with regard
to all of the above referenced causes of action, upon
information and belief, were intentional and outrageous acts to
justify punitive damages in addition to the actual damages
suffered by the Plaintiffs and such punitive damages should be
in excess of $1,000,000 in order to adequately punish this group
of Defendants.
RELIEF SOUGHT
WHEREFORE, the Plaintiffs request that this court awards them:
The amount of actual damages proven at trial, but presently
estimated to be in excess of $100,000, or the statutory damages
allowable, whichever is greater, punitive damages in excess of
$1,000,000, and a reasonable attorneys fee and other litigation
costs of this suit.
Respectfully submitted,
/S/ Charles W. Shipley
Charles W. Shipley, OBA No. 8182
Gerald L. Hilshir, OBA No. 4218
Jamie Taylor Boyd, OBA No. 13659
SHIPLEY, JENNINGS & CHAMPLIN, P.C.
201 West Fifth Street, Suite 201
Tulsa, Oklahoma 74103
(918) 582-1720
ATTORNEYS FOR THE PLAINTIFFS
MARVIN SUMMERFIELD & ROBIN MAYES