- Associated Press - Tuesday, April 5, 2016

WAGONER, Okla. (AP) - A man shot by Wagoner County sheriff’s deputies during a domestic violence call in August 2014 has filed a lawsuit against the sheriff and others.

The Tulsa World (https://bit.ly/1TzvPwA ) reports that the lawsuit filed Monday by 61-year-old Gary Clark seeks $3 million in damages. He alleges that Sheriff Bob Colbert and others used excessive force, violated his due process rights and breached part of the Americans with Disabilities Act.

Clark accuses the officers of “recklessly provoking” a person with mental illness to attack them during a standoff. Clark says they also inaccurately characterized the shooting circumstances to the public and denied him proper access to post-surgical medical care after being shot.

The suit also claims that the county has failed to establish policies and procedures to adequately accommodate those with mental illnesses when they are encounter law enforcement.

In addition to Colbert, the Wagoner County Board of Commissioners, Maj. Dustin Dorr and three other law enforcement employees are named as defendants in the lawsuit. The deputies who the Sheriff’s Office said shot at Clark aren’t listed as defendants.

Wagoner County Commissioner Chris Edwards and a sheriff’s office spokesman declined to comment, both saying they hadn’t reviewed the suit.

Court records show that Clark has been diagnosed with paranoid schizophrenia and wasn’t taking his medication on the day of the shooting. He was charged with multiple counts of assault with a dangerous weapon in connection to the incident, but the state said he wasn’t guilty by reason of insanity last October.

The state allowed Clark to live under his brother’s supervision in February. The case is scheduled for further review on April 18.


Information from: Tulsa World, https://www.tulsaworld.com

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