Tulsa, Okla. — A legal battle concerning alleged improper training and use of force by the Tulsa Police Department is set to proceed to trial, a judge recently decreed. The focus is on a distressing incident dating back to March 2020, which was captured on body camera footage showing Tulsa Police Officer Aaron Russell firing five shots as Michael Delaney, then a suspect, maneuvered his car away from an arresting situation.
Delaney who reportedly did not comply with Russell’s orders to exit his vehicle, was hit in the shoulder by gunfire. He later accepted guilt for impeding an officer’s duties. Meanwhile, after facing a grand jury indictment, Officer Russell acknowledged a charge of recklessly handling a firearm and received a deferred sentence.
The forthcoming court proceedings hinge on a lawsuit filed in 2021 by Delaney, alleging that his constitutional rights were infringed not only by the individual officer but also by the City of Tulsa under a legal framework known as a Monell claim. Explaining the importance of this claim, Dan Smolen, Delaney’s attorney, emphasized its potential to establish the city’s liability for constitutional violations attributed to faulty police policies or practices.
Smolen, who has spent over ten years tackling cases of excessive force within the Tulsa Police Department, remarked that this is likely the first instance a judge has sanctioned a Monell claim alleging systematic issues within Tulsa’s law enforcement to proceed to trial. The decision was influenced by the purported evidence pointing to inadequate training regarding vehicle extractions and delaying back-up assistance among Tulsa officers.
According to research published in the Virginia Law Review, Monell claims rarely advance to trial, and successful claims are even scarcer, which makes the upcoming trial particularly significant. If the jury sides with Delaney, the outcome could set a precedent affecting several other cases involving the Tulsa Police Department.
Moreover, Smolen argues that a favorable verdict would have broad implications. “It becomes relevant to any other time a situation occurs in the City of Tulsa with a city police officer, where they are following unconstitutional training, and they are systemically causing constitutional violations,” he said.
Human Rights Watch reports have underscored the gravity of the situation, indicating that out of approximately 1,700 documented incidents of excessive force by the Tulsa Police Department over a five-year period, only two were officially recognized as violations of policy, with no subsequent disciplinary actions taken against the officers involved.
As the legal proceedings unfold, the City of Tulsa has refrained from commenting on ongoing litigation. The trial’s resolution could potentially recalibrate training protocols and accountability measures within the Tulsa Police Department, making it a case of considerable consequence not just for Tulsa but potentially for police departments nationwide.
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