Muskogee City Council To Move Forward On Civil Rights Suit Filed Against Officers

Muskogee's City Council voted to move forward with a civil rights lawsuit filed against two Muskogee police officers by a man claiming excessive force.

Donald Younger's attorney said the officers injured him in May 2014 while he was being detained during a domestic disturbance call. Right now the case is in federal court.

The council appointed the city's mayor to be a representative to handle settlement negotiations.

Dashcam footage from May 2014 captures Muskogee police officers responding to a domestic violence call.

Officers say Younger told them he got into a fight with his girlfriend and appeared to be under the influence of drugs.

Younger: "Am I under arrest?"
Officer: "No, you're detained, though."

You can't see it, but you can hear yelling. That's when Younger's attorney, Mitchell Garrett, said he was trying to be compliant but was cuffed and injured instead.

"It seems our client is being cooperative with the officer and the officer does exhibit quite a bit of force in arresting Mr. Younger,” Garrett said.

In the arrest report, Officer Chansey McMillin says, fearing for his safety, he detained Younger after he saw a knife hanging from Younger's belt.

McMillin says Younger kept trying to reach into his pocket after being told not to several times. The arrest report says McMillin found a second knife in the pocket he told Younger not to reach his hands into.

More than a year later, the case is now in federal court, naming the City of Muskogee, McMillin and Officer Lincoln Anderson in the suit.

Garrett said the officers violated Younger's civil rights.

“We are alleging this Muskogee police officer did violate his civil rights both in the way he was apprehended and how he was treated afterwards," Garrett said.

The officer's attorney, Scott Wood, said if the case is settled it would be "nuisance pay" and nothing substantial.

Younger's attorney said if the City of Muskogee settles the federal case gets dropped.

McMillin was the officer cleared in the deadly shooting of Terence Walker in January 2015. His body camera showed Walker pointed a gun at him while he was running away from a church parking lot.

The officer's attorney said McMillin left the Muskogee Police Department and is now living in Montana working with the Marshal's Service.

Officer Anderson is currently the department's Public Information Officer.

Younger was arrested at the time on complaints of disobeying an officer and resisting arrest.