After an Oklahoma Highway Patrol (OHP) officer detained Nancy Kemp in May 2022, Kemp suffered from many bone fractures and sued OHP and the trooper.
Kemp was ‘pleasant at first,’ but the trooper observed symptoms of alcohol and began interrogating, which changed things. December 2022 film showed Kemp and the trooper fighting. Kemp said she had tequila that night when the trooper asked her what she had to drink.
The tape showed a pleasant interaction until the officer moved his vehicle in reverse and informed Kemp he wanted to make sure she was’safe to drive.’ Things got physical, and the fight started.
Kemp faced allegations of improper headlight use, DUI, obstructing a police officer, and resisting arrest. She had a.093 BAC.
Kemp filed a lawsuit on January 26 against Preston Cox, the trooper who arrested her, Tim Tipton, the OHP Commissioner, and the Oklahoma Department of Public Safety, which oversees the OHP, for violating her Fourth Amendment rights.
After pulling Ms. Kemp over, Defendant Cox approached her vehicle and told a fearful Kemp to sit in his patrol vehicle, according to the documents. Ms. Kemp told Defendant Cox she was uncomfortable, but he said, “This is how we do things; it makes it easier and go faster.”
The filings state that ‘Defendant Cox got highly violent and enraged…’ as Kemp was texting her daughter. It says Kemp was startled by Cox putting the vehicle in reverse and tried to get out.
Documents say Cox reacted with ‘unnecessary and disproportionate force, forcibly grabbing Ms. Kemp by the hair and forcefully hitting her head and face against the dashboard of his vehicle twice.’
After tackling Kemp out of the car, Cox’stomped on her foot, then used his elbow, fists, and knees to strike her in the face, ribs, arms, and wrists.’ Documents claim Cox’s force was unjustified.
‘Defendant Tipton’s failure to train and supervise his subordinates directly and proximately caused violations of Plaintiff’s [Kemp] federally protected rights, which caused Plaintiff to endure physical abuse, pain, suffering, mental pain, and anguish,’ the documents say.
The filings also claim Tipton violated Kamp’s constitutional rights under color of law. Kemp seeks $75,000 in damages.
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