One person is claiming the Guthrie Police Department violated his constitutional rights when he was wrongfully and unlawfully arrested. He has filed a civil case in US District Court.
Wiesner is asking for $600,000 along with attorney’s fees, costs, statutory interest, punitive damages, and any other court cost deemed appropriate.
This is the third case this month involving a claim against the city and police department. Two of the three have been filed in court with the other case in the process.
Earlier this month (May 11), Fazal Khan, owner and operator of Halftime Bar and Grill, filed a suit against the City of Guthrie and four Guthrie police officers claiming the city and their officers have harmed his business and reputation by harassment, stalking, unlawful use of police force, presence to scare clientele and customers, false and malicious prosecution, intentionally taking from the bar the person hired to card people at the door and general defamation. Related story: Local bar owner files suit against City of Guthrie
Just last week, two moms accused an off-duty officer of scoping out their sons (ages 14 and 11) for being of mixed race and drawing his weapon on the two boys when he drove by in his civilian car after watching the boys play with a toy gun with an orange tip in front of a residence. Related story: Two families file claim against city and police department
In court papers filed, Wiesner states while at the Blowout Club (a local bar) on June 2, 2011 he was harassed and threatened by a group of people including his ex-wife. A call was made to the police about the argument from within the group. Wiesner states after talking with an officer he was arrested for public intoxication despite not performing any field sobriety tests or a breathalyzer.
Guthrie News Page confirmed with multiple law agencies that a field sobriety test or a breathalyzer is not mandatory to make an arrest.
According to court papers obtained by Guthrie News Page, Wiesner’s says at no time was he intoxicated with any substance.
Upon of arriving to the police station, Wiesner claims he was ordered to remove all of his clothing and put on the jail issued clothing. Wiesner says during the strip search the cell door was open so that anyone in the area could see him.
Wiesner states he was told he could not bond out due to a GPD policy that no person can make bond on a charge of public intoxication for eight hours. He was released after spending over nine hours in the jail on June 3.
After the arrest, Wiesner denied the charges against him and was found not guilty in municipal court on January 25, 2012. The charges were dismissed without costs and bond was refunded.
Guthrie News Page verified the arrest date and dismissed charges with the Court Clerk’s office via phone last week.
Court papers shows Wiesner is asking for $75,000 on each of the eight causes of action, including violation of constitutional rights, negligent hiring and retention of defendant officers, intentional infliction of emotional distress, assault and battery and punitive damages.
Guthrie News Page’s phone call to the city attorney was not immediately returned on Tuesday morning.