Category: CIVIL MATTERS

Settlement

SHERIFF UNLAWFULLY SEIZES HUNDREDS OF THOUSANDS OF DOLLARS OF PROPERTY

Civil Litigation: Sheriff Unlawfully Seizes Hundreds of Thousands of Dollars of Property
Case: Mike Pierce v. Terry Parks, Sheriff of Choctaw County, OK [CJ-15-55][Choctaw County]
Result: Sheriff Forced to Return All Property and Pay Damages


Summary: According to the Choctaw County Sheriff [the “CCSO”] and Oklahoma’s Alcoholic Beverage License Enforcement [“ABLE”], their agents had probable cause for the warrants they executed on Mr. Pierce’s home and his two SE OK businesses.  A very successful self-made businessman, Mr. Pierce had hundreds of thousands of dollars of property seized by these agents via these warrants, including rare coins and precious metals.

Mr. Pierce hired Haslam to get his property back and defend what the CCSO promised would be a raft of serious felony charges. Mr. Pierce reasonably feared some of the thousands of rare coins would be “lost” while in the CCSO property room.  The CCSO claimed it had turned the case over to the FBI and federal prosecutors to explain the lengthy delay in bringing charges.

Haslam filed a replevin motion in Choctaw County District Court to force the authorities to either bring charges or return the property.  Rather than defend Haslam’s motion, the CCSO agreed to hand-deliver all the property back to Mr. Pierce and pay damages for his losses.

Case Dismissed

TEXAS DFPS WRONGLY ACCUSES PARENTS OF DEPRIVING CHILDREN

Civil Litigation: Texas DFPS Wrongly Accuses Parents of Depriving Children, Caseworker Lies Under Oath
Case: ITO S children [Cause 85840][Lamar County]
Result: Case Dismissed at First Hearing


Summary: The Texas Department of Childrens’ Protective Services claimed the parents of these three children neglected them by exposing them to controlled substances.  The caseworker, Tiffany Massey, testified under oath that the school principal of one child had told her he had concerns the mother was abusing prescriptions drugs.  Her only other evidence in support of her claim was hearsay testimony.

The judge dismissed the case, but Haslam had already interviewed the school principal and – knowing that he had denied ever making such a claim to Ms. Massey – collected an affidavit from him denying it under oath.  When coupled with the transcript of Ms. Massey’s testimony, her aggravated perjury appears to be a an easy charge to bring and conviction to get for Lamar County District Attorney Gary Young.  Time will tell.

Settlement

WRONGFUL REPOSSESSION OF AUTO

Civil Issue: Wrongful Repossession of Auto
Result: Five-figure Settlement
Oklahoma State Courts Network


Wrongful Repossession of Auto

Summary:

In this case, the identity of the parties and the settlement amount cannot be disclosed under the settlement agreement. The auto owners refinanced their auto and the original finance company was paid in full. Apparently, the spiteful original finance company resented their loan being shopped around so they repo’d the car AFTER THEY WERE PAID OFF and refused to return it unless the owners agreed to waive all claims against it.

Haslam entered the case and demanded the return of the car and inspection for damages at the finance company’s expense. The car was returned and determined to be undamaged. The owners were without the car for 12 days.

Haslam still settled the case for well into five figures.