Former Convict Sues 2 TPD Officers For Making Him Do Push-Ups To Avoid Ticket

Saturday, October 20th 2012, 6:15 pm
By: News On 6

Two Tulsa Police officers are under scrutiny, after a lawsuit was filed Friday, claiming they abused their power and then joked about it on a radio call.

The incident happened nearly two years ago.

In the suit, Brian Lumpkin claims two TPD officers in the gangs unit wrongfully pulled him over, and then made him do pushups to get out of a ticket.

10/19/2012 Related Story: Man Sues TPD Officers He Says Made Him Do Push-Ups To Avoid Ticket

A lawsuit filed by Brian Lumpkin's attorneys says, on October 25, 2010, a Tulsa cop in an undercover car spotted Lumpkin leaving a house near 48th Street and Mingo.

The house was apparently being watched for drug activity.

The suit says TPD Officer Kevin Warne was in the unmarked car. It goes on to state that Warne called ahead to officer James Bohannon.

"If you want to get in position, I will follow it for a second," Warne said over the radio.

At this point, the officers didn't know who was in the van.

The lawsuit says Warne told Bohannon that he could pull over the vehicle since it made an "improper turn."

Six minutes later, the van was pulled over and Bohannon identified Lumpkin as the driver.

This isn't Lumpkin's first run-in with the law.

He's had several felony convictions for drugs and guns and has served prison time, but this time cops couldn't find anything to arrest him for.

The lawsuit says Lumpkin had "absolutely no outstanding warrants."

Bohannon: "You want me to cut him some paper or just cut him loose or what?"
Warne: "You didn't smell any weed or anything like that?"
Bohannon: "Ah, it did kind of smell like weed. I was in the car so."
Warne: "Well that's up to you if you smell anything."
Warne: "We don't necessarily have to write him any paper, but if you think you can smell or you think you might get something. Do you see any bags or anything in the car? He might be holding something?"
Bohannon: "Nah, but he knows the deal I imagine we'll just we'll just go through the motions. I'm going to shakedown the car real quick and just cut him loose if we don't find nothing."

Lumpkin's attorney, Kevin Adams, said the cops had no reason to search his client's car and they went too far when they made him drop down to do pushups.

Warne: "So, I should start calling you drill instructor Bohannon, sir?"
Bohannon: "Did you see that?" (Laughing)
Warne: "Yeah. (laughing) I was wondering what you guys were talking about."
Bohannon: "I told him 'hey, you're going to have to give me some pushups if you want to not get any tickets."

TPD said they cannot comment on this case, since it is an ongoing investigation.

The City's attorney, Gerry Bender, said this is not the first time Lumpkin has sued the police.

Read the nine-page complaint filed by Lumpkin's attorney.