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October 30, 2009

Powell’s lawsuit still pending against Richards, others

Toni Hopper

MARLOW — The trial of a federal lawsuit filed in 2008 on behalf of a Marlow couple, against a trio of law enforcement officers in the execution of a warrant in 2007, is expected to be heard in December.

One of those named in the lawsuit is Rodney Richards, who is on administrative leave from the Marlow Police Department, while investigations are conducted surrounding his actions within that department. The current investigation is unrelated to the federal lawsuit.

Richards was a Stephens County Sheriff’s Office deputy, working under then sheriff Jimmie Bruner on June 26, 2007. An Alcohol, Tobacco and Firearms agent, Todd Nunley, was with Richards, when a “no-knock” warrant was served on the wrong residence, said local attorney John Stuart, who is representing Tim and Heather Powell. Court records filed July 21, 2008, request $75,000.

“This is still pending in federal court,” Stuart said Thursday. “This is based upon a 1983 action, the Civil Rights Action.”

Describing the scene of June 26, 2007, Stuart said the officers executed a no-knock warrant on the wrong home, using a battering ram, around midnight. The warrant was for 110 W. Osage in Marlow and the officers entered the Powell residence at 106 W. Osage. The Powells were allegedly told to get out of bed and then handcuffed while they were unclothed. They remained like that for a lengthy period of time, Stuart said.

Stuart said that Richards and Nunley have both been named individually in the lawsuit, and also as officers in their acting roles, Richards as a deputy of the SCSO, and Nunley as an ATF agent. It also names the United States, since the ATF bureau operates under that jurisdiction.

“We’ve taken depositions and discovery is pretty much complete. I’m not at liberty at this point to discuss it,” Stuart said. “There may be other cases — there may be other clients.”

“This is about the third different case that I’ve handled involving officers of the Marlow Police Department (dating back to 2005-06),” Stuart said.

Stuart also represented the family of Mark Enos, who was involved in a pursuit by the Marlow Police Department and died, he said. The settlement was confidential, Stuart noted.

In the federal lawsuit, Stuart said that Richards is being represented by Steve Geries of Oklahoma City and Nunley is represented by the United States Attorney.

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