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July 15, 2008

Suit over body cavity search to proceed

By BOB GIBBINS

TAHLEQUAH DAILY PRESS — MUSKOGEE – A federal lawsuit filed last year after an alleged unlawful cavity search of a local woman will proceed, for now.

Online court records indicate a Monday settlement conference with all parties involved ended without a settlement being reached.

Christie Vaughn filed suit against the city of Tahlequah and Cherokee County Detention Center after she was allegedly searched at the Tahlequah Police Department and later at CCDC.

Police Chief Steve Farmer Ward 2 Councilor; Tahlequah City Council President Jack Spears; and District 1 County Commissioner Doug Hubbard, also the chairman of the county’s Governmental Building Authority, were all present, along with Vaughn, represented by local attorneys Crystal Jackson and Jim Cosby.

Jon Woods was on hand to represent the city’s insurance carrier, Oklahoma Municipal Assurance Group; Denny Butler represented county claims and Chris Collins, representing the county.

Also in the case, Vaughn’s attorneys have filed motion to limit some of the defense’s testimony. The first request is to disallow the defense to use Vaughn’s past criminal history at the trial. The request states Vaughn’s past criminal record is not material to the case, and its introduction as evidence would be prejudicial.

The request also states there has been no evidence presented that the city and CCDC were aware of Vaughn’s record. It states the evidence would confuse the issues and would mislead the jury.

A second proposition seeks to exclude Vaughn’s medical records that are not material. The request states the city and CCDC were given Vaughn’s confidential medical records that are not material to the cavity search case and would mislead the jury, if presented.

Vaughn filed her suit, alleging she was arrested by Tahlequah police and subjected to the cavity search at the city jail before being taken to CCDC and searched again.

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