No. CIV-97-113-B

DOUGLAS G. DRY, JUANITA
McCONNELL and ROSIE BURLISON,

Plaintiffs,

vs.

UNITED STATES OF AMERICA, et al.,

Defendants.

COME NOW Defendants City of Clayton, Terry Bell, Rowland Hall, Mike Van Horn, Darrel Kirkes, Rebecca Johnson and Jimmy Long, by and through their attorneys of record, Steidley & Neal, and pursuant to FED. R. CIV. P. 56(b) move this Court for an Order granting Summary Judgment in their favor and against the Plaintiffs finding as a matter of law 1) that the Defendants are not liable for the brief detention of Plaintiffs McConnell and Burlison; 2) that Plaintiffs McConnell and Burlison's "failure to train" claims should be dismissed for lack of evidence; 3) that the individually-named Defendants are entitled to qualified immunity from suit and should be dismissed in their individual capacities; 4) the individually named Defendants should be dismissed from the Oklahoma Governmental Tort Claims Act allegations, and; 5) that the consideration and imposition of punitive damages is improper.

In support of their Motion for Summary Judgment, the Defendants offer the following Brief in Support with attached evidence.

WHEREFORE, premises considered, Defendants City of Clayton, Terry Bell, Rowland Hall, Mike Van Horn, Darrel Kirkes, Rebecca Johnson and Jimmy Long move this Court for Judgment as a matter of law, and for such other and further relief to which they may be justly entitled.

Respectfully submitted,

STEIDLEY & NEAL
Attorneys for Defendants City of Clayton,
Terry Bell, Rowland Hall Mike Van Horn,
Darrel Kirkes, Rebecca Johnson and Jimmy Long

I hereby certify that on the 8th day of June 1999, a true and correct copy of the foregoing was mailed via certified mail with proper postage fully prepaid to the following:

Mr. Douglas G. Dry
Attomey at Law
P.O. Box 637
Wilburton, OK 74578

Peter Bernhardt, Esq.
Special Assistant U.S. Attomey
U.S. District Court
Northern District of Oklahoma
333 West 4th Street, Suite 3460

Tulsa, 0 74103-3809