SHAWNEE, Okla. —
The Bandido’s Motorcycle Club, along with 15 named plaintiffs, have filed a federal lawsuit against the city of Shawnee, local law enforcement, the county jail, a local hotel and its manager.
The filing stems from 15 arrests at a Shawnee hotel following a bar fight in December 2009.
The 35-page document, filed in U.S. Western District Court, alleges Constitutional rights violations and asks for more than $1 million in damages. The plaintiffs claim they were falsely arrested, subjected to illegal searches and falsely imprisoned and charged. It also alleges an invasion of privacy.
The suit also asks for all defendants to issue a written apology and an order for retraining of all officers.
It names 33 defendants, including the city and its police department, the Pottawatomie County Sheriff’s Office, the Pottawatomie County Public Safety Center, several listed police officers and jail personnel, as well as numerous “John Doe” law enforcement officers yet to be identified. The America’s Best Value Inn and its manager also are named in suit.
The case involves incidents that unfolded Dec. 19, 2009, when the OK Riders Motorcycle Club hosted its annual Christmas party at the hotel, 4900 N. Harrison. Police were called to a disturbance outside the hotel bar, City Lights. Officers gave chase after seeing persons wearing vests with club patches identifying themselves as members of the Mongols and Bandido’s motorcycle clubs, the suit claims.
Officers allegedly approached the hotel manager, gaining access to a specific room allegedly known for being rented out and the hiding place of the Bandido’s involved in the disturbance, the filing reads.
While several arrests occurred, the suit claims no one in the specified hotel room “is or was at any time a member of the Bandido’s…” The suit also claims that of those arrested, none were wearing vests identifying themselves as Bandidos and none were found in the hotel room.
Among the allegations are that police entered the hotel room with guns drawn, screaming for occupants to lie face down on the floor and that several plaintiffs were “violently handled” by defendants. Arrests were made when plaintiffs were unable to provide answers to police, with the suit claiming the defendants were made to go outside in 30 degree temperatures, some without coats or shoes, while officers searched the motel room “without warrant or probable cause.”
The plaintiffs were taken to jail. While being transported, the filing claims several plaintiffs were questioned about their affiliation with the Bandido’s Motorcycle Club and whether they were part of the “Bandido’s gang.”
The suit claims, “At no point in time were the plaintiffs ever advised of their Miranda rights or given the reason for their arrest.”
The filing makes several claims regarding the jail, alleging jailers were asked to violate internal policies because of the large number of prisoners being booked in at once.
During the book-in process, plaintiffs were called to the counter by a jailer to sign papers, with allegations that a jailer questioned them about the night’s activities and made “insinuating comments about the Bandido’s Motorcycle Club in a clear attempt to elicit information.”
The hotel and its manager also are named in several allegations as part of the suit.
Of the 15 arrested, 10 were in the motel room and five were outside, with eight being charged with obstructing an officer and seven charged with disturbing the peace and drunk and disorderly. The filing suggests none were able to be tested to prove their innocence.
The suit was filed for the plaintiffs by Tulsa attorney Jonathan M. Sutton.
Attempts to reach attorneys for the city, county and the jail for comment on the filing were unsuccessful.
