Another round in the battle between former death-row inmate Curtis Edward McCarty and Oklahoma City has been waged.
McCarty, 45, is suing the city for wrongful imprisonment, claiming officials violated his constitutional rights to due process. The lawsuit, filed in federal court in December, targets:
" the city,
" former forensic chemist Joyce Gilchrist and
" current Police Chief Bill Citty.
The suit claims the defendants denied him the Constitutional rights:
" to be free from unreasonable searches and seizures,
" for a fair trial, and
" to be protected against deprivation of liberty and property without due process of law.
In its response, the city claims McCarty's suit should be dismissed based on the statute of limitations, and that some of McCarty's claims in the suit apply to the federal government, not municipalities.
"This action is not timely brought," the city's brief states in part.
Responding to the city's brief, McCarty's attorneys argue the state engaged in a "malicious prosecution case," and therefore, a different time standard should apply.
"The statute of limitations does not begin to run until the prosecution has been 'declared invalid by a state tribunal authorized to make such determinations,'" the brief states, citing a previous U.S. Supreme Court decision.
In its brief, the city argues against the claim that it engaged in malicious prosecution by the fact that the case was still pursued after Gilchrist was fired from the police department, and much of her work was thrown out. "Scott Cooper