Date: 01-13-2014

Case Style: Janetta Blakely v. Ethan Rieves

Case Number: CJ-2011-27

Judge: Jana Kay Wallace

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: J.P. Longacre and Maria Tasi Blakely

Defendant's Attorney: Sean M. McKelvey

Description: Plaintiff, Janetta Blakely, by and through her attorney, J.P. Longacre, and for her said Cause of action against the Defendant, Ethan Rieves, alleges and states as follows:

1) Plaintiff’s cause of action is for false arrest and imprisonment, malicious prosecution, libel and slander contrary to
Oklahoma State law and contrary to the Fourth and Fourteenth Amendment of the United States Constitution as made actionable through 42 U.S.C. §1983.

3) Plaintiff alleges that on or about May 31, 2010 she was wrongfully arrested in Pushmataha County, Oklahoma.

4) In further support of her allegations she would show that Shawnee Police Department Detective Ethan Rieves did cause to be filed in Pottawatomie County, Oklahoma District Court an affidavit dated November 3, 2008 for probable cause for arrest warrant wherein he alleges that Janetta Cannon Blakely, SSN 441-62-7475, date of birth April 20, 1962 did commit the criminal acts of Unauthorized Use of a Debit Card; Violation of the Computer
crimes Act and ubstructing. Untortunately, either Uetective Rieves was negligent, grossly incompetent or outright perjured himself in the affidavit. In his affidavit he notes having personally met with Debbie Blakley A/K/A Debbie Tate on at least three separate occasions. On at least two occasions he met with suspect Debbie Blakley at her residence of 1216 E Whitaker, Shawnee, Oklahoma. Furthermore, Debbie Blakley a/k/a Debbie Tate provides Detective Rieves her social security number of 447-68-3953 and date of birth of 5-20-1962. It is worthy of noting that the suspect Debbie Blakley a/k/a Debbie Tate, social security number 447683953, was married to Charles Blakley on September 28, 2005. This information is readily accessible on-line or through a precursory search of the Pottawatomie County District Court records. Likewise, Debbie Tate a/k/a Debbie Blakley, date of birth May 20, 1962, address 1216 F. Whittaker, Shawnee, OK 74801 was arrested by the Shawnee Police Department on March 15, 2008 for Driving Under the Influence. Debbie Tate a/k/a Debbie Blakley, date of birth May 20, 1962, Social Security Number 447-68-3953, address of 1216 E. Whittaker, Shawnee, OK was charged in Pottawatomie Distrcit Court Case Number CM-2008-1 94 and entered a plea therein on May 5. 2008. Likewise charges were filed in Pottawatomie District Court against Debbie Tate a/k/a Debbie Blakley, address 1216 F. Whitaker, Shawnee, OK 74801, ssn 447- 68-3953, date of birth 5/20/1962 in Pottawatomie County District Court case Number CM-2008-659 on September 5, 2008 for Obtaining Cash or Merchandise by Bogus Check in violation of 21 O.S. §1541.1. Despite this vast wealth of knowledge and public information Detective Rieves requests an arrest warrant for Debbie Blakely. date of birth 5-20-1962, social security number 447-68-3953 and address of 2015 E. Hopson Road, Atoka, Oklahoma.

5) As a result of said affidavit a criminal Information was filed in Pottawatomie County District Court Case Number: CF-08-493; and an arrest warrant was issued on November 17, 2008.

6) On or about May31, 2010 Janetta Blakely during a routine traffic stop was arrested in Pushmtaha County on the arrest warrant from Pottawatomie County. After her arrest she was transported to the Pushmataha County jail and later transported to Pottawatomie County Jail. As a result of her medical condition she was released from Pottawatomie County jail on a personal recognizance bond on June 3, 2010.

7) Janetta Blakely, an innocent person, was prosecuted for almost a five month period. During her prosecution she was required to travel back and fourth from her home in Atoka, Oklahoma to Pottawatomie County. During this time she had to endure the personal emotional distress of being prosecuted for a crime that she did not commit. On or about November 1, 2010 the charges against Janetta were dismissed.

8) Plaintiff has filed notice of Governmental Tort Claim with the Shawnee City Clerk and Shawnee Police Department alleging that the acts of Detective Rieves arise to a tort for which she should be compensated.1 However, in the alternative Plaintiff alleges that the acts of Detective Ethan Rieves were malicious; intentional; grossly negligent and in bad faith for which he is individually liable and for which the governmental tort claim offers no immunity and for which he may be personally liable.

9) For her injuries, Plaintiff has suffered mental anguish and physical pain and suffering, loss of enjoyment of life, additional expense, unlawful incarceration, emotional distress, embarrassment, humiliation, interference with her liberty and personal security, worry and anxiety, distrust for law enforcement and people in general and other like injuries which she should be compensated in a sum in excess of $75,000.00. See 12 0.5. §2008. Plaintiff is further making a claim for punitive damages because Plaintiff should be awarded an additional sum not as compensation, but for the sake of protection of the general public and example to others.

WHEREFORE, Janetta Blakely prays for judgment against the Defendant for actual damages and punitive damages, attorney’s fees, costs, and interest.

Outcome: Settled and dismissed after removal to federal court.

Plaintiff's Experts:

Defendant's Experts:

Comments: