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Fri March 21, 2008

Tulsa couple files federal lawsuit against sheriff over livestock

 
 
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By The Associated Press
TULSA, Okla. -- A Vinita couple who helped care for hundreds of neglected livestock that were seized last year have sued the Craig County sheriff for money they believe they're due.

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In their federal lawsuit filed in Tulsa, Lonnie and Johnna Kelley alleged that Sheriff Jimmie Sooter "wrongfully induced" the couple into giving up possession of and their lien rights to dead and dying livestock placed in their care by the Sheriff's Office.

The Kelleys are seeking at least $150,000 for actual and punitive damages.

"I feel like we've been lied to and cheated for more than a year," Johnna Kelley said. "No one is going to protect us unless we take the proper measures. We have a family, and we both have to hold down a job. We can't keep letting the system take advantage of us."

Sooter didn't immediately return a telephone message seeking comment on Thursday. A spokeswoman with the Sheriff's Office said Thursday afternoon that he was out of the office.

In January 2007, authorities seized 1,250 live sheep, three dead sheep, 345 cows, two dead cows, some horses and a donkey belonging to Bluejacket rancher Bradley Bell, federal records show.

Bell pleaded no contest last month to one count of animal cruelty, received a two-year deferred sentence and was ordered to perform 240 hours of community service. He has since moved to Texas.

According to a Craig County District Court document, the Sheriff's Office agreed to pay the Kelleys all "reasonable expenses" associated with caring for the herds, which were returned to Bell after about 70 days.

The Kelleys learned that under state law they had a possessory lien for their expenditures, for which they later did file a lien, the petition states.

According to the lawsuit, Sooter berated the Kelleys for asserting their lien rights, telling them that if they didn't release their lien, they would be sued by the bank that had a purchase money lien on the animals, and by Bell.

After the Kelleys agreed to dismiss their lien, Sooter allegedly told them that the Bank of Kremlin would take possession of the animals, court records show. Instead, the Bell family was allowed to reclaim the livestock.

Bell has paid the Kelleys and the Sheriff's Office $23,000 each.

The Kelleys have documented about $85,000 in expenses, minus the payment received, and they are upset that the Sheriff's Office has received an equal payment for providing "almost nothing for the care of the herd," records show.

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