Man files civil case; claims unlawful arrest

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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.

Robyn Wade Wiesner and his attorney Eric Cotton filed the civil case against the City of Guthrie and three Guthrie police officers on May 22.

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.

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14 Comments on "Man files civil case; claims unlawful arrest"

  1. Ugottabekiddingme | May 29, 2012 at 5:10 pm | Reply

    He was intoxicated…….end of story

  2. YOU CANT BEAT CITY HALL…….END OF STORY

  3. Cliff Mahan | May 29, 2012 at 5:57 pm | Reply

    $600,000? I’ll take a severe beating for that kinda money. What a douche rocket!

  4. Ugottabekiddingme | May 29, 2012 at 7:00 pm | Reply

    Look up his record on OSCN.NET…….the list speaks for itself……the guy is more than a douche rocket……he’s an immature and irresponsible hot head looking for a way to get money without having to put in an honest days work.

  5. Seriously with this? This guy fails at life. Everyone that has ever had a complaint is getting on the bandwagon now that the GPD is getting a bad rap, huh?

  6. ugottabekid : She is also a slandering piece of crap that I am so sorry I was every nice to. She needs to get back on her medication before they finally put her away. Someone should really have something done for her. I pray for her especially to go away.
    As for Mike, I have fought City Hall and won before. Don’t count your chickens before they hatch.
    I wish you all could walk in his shoes with the problems his ex-wife (Ugottabekid) and the problems she created. Ask her about her counsin and her family and her drug habits. You don’t really know anything about him and are probably the same type of psychos as Ugottabekid. Don’t you think she has a problem. Forget about him and go away.
    GPD is not getting a bad rap. They need to be replaced (most of them anyway)
    I will pray for you all to get exactly what you deserve and the consequences are up to you.

  7. The case will be decided by a twelve person jury. Thankfully the evidence of the case and the facts will decide the outcome.
    I would know that wording anywhere and if you know her, you know it too. (U GOTTA BE KIDDING ME) I may be wrong but I doubt it. It is easy to see through her child like mind. I see you haven’t change still disparaging his name where ever you can to whoever will listen to your dribble. I see his ex-wife is putting in her two cents again. She must have really loved him to keep his memory so alive inside her little mind. Look this up on OSCN.NET. Who petitioned for the divorce?
    Her and her misguided fiends like you, are the ones that instigated this mess! She dragged some good people into her personal vendetta. Wake up people! She has done a good job of keeping herself clean for the most part and lets her easily manipulated friends do her dirty work.
    I cannot speak for everyone but, it’s been hard for me watching the political upheaval of my country and the lives lost overseas the past few years. She is not very bright. He was done with this town and was ready to make peace with her nonsense. He was planning on joining the army and getting as far away from Guthrie as possible. He told me, not now if this is what I would be fighting for. What are we fighting for over there? Just so the people in power can abuse their power back in States. I wouldn’t with the hypocrisy that’s happening in small town Guthrie. The system in the heart of America has failed. A man being locked up against his will. That is what we do over in the Middle East with terrorist, not in America. You can’t even defend your character anymore in America without being arrested by the men sworn to do their duty! Unbelievable!!!!!
    People he knew coming up to him asking him who that crazy woman, because she is trying to get me to fight you. That is about right in her limited mind. He has been a little out of sorts since he was arrested for no legal reason but, he is not down or out. I know him. He will come out of the corner swinging like a prize fighter. It seems as though his ex-wife’s pied piper song has worked on some. The weak and trouble minded I can only assume.
    I think she knows she will have some explaining do in the next few months. Good luck with that.
    Edmund Burke “All that is necessary for evil to triumph is for good men to do nothing”. It seems in Guthrie there is a shortage of good men.
    FYI the not guilty verdict was not reach until the last days of January of this year. Also there is a mandatory waiting period to file in federal court. It is three months. Get your facts straight so you do not look stupid Jesyka. You mindless drown.

  8. Arrested for being drunk when you’re not, then when you offer evidence to support your claim, the police refuse it? Yeah…there’s nothing wrong with that at all. lol

    That’s like charging someone with murder and the accused freely offers up his DNA because he knows he’s innocent and the police say no. By law, they are under no obligation to do a DNA test. You don’t see how there is an issue with this?

    The problem with Guthrie: too many idiots and too many Republicans, which I know is a redundant statement.

  9. If I am correct, the plantiff is the one who installed the surveillance system at the location this took place.. So of course the evidence should not be used because it has probably been altered. I don’t know that for sure, but i’m guessing that is why it wasn’t used.

  10. To Mike, he already beat city hall. Check your information before you speak. When the same police officer arrests you for public intoxication and then gets on the witness stand and says he couldn’t tell if you were drinking or not, something is wrong with him.

  11. guthriehater | July 4, 2012 at 6:10 pm | Reply

    the problem with gpd and county is they make it cheaper to plead guilty to a crime you didnt commit than to pay ten grand for an attorney to fight for your innocence. In the great town of guthrie you will always be guilty until you can afford to prove your innocence.

  12. guthriehater, you really have a point there. The good ole boy system needs to broken so everyone can afford to live in guthrie.

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