Motion filed to dismiss lawsuit against Blaine County sheriff

A Blaine County sheriff's vehicle can be seen in this file picture. The Blaine County Sheriff Tony Almaguer, and Undersheriff David Robertson have been named in a lawsuit for allegedly refusing to take a police report or investigate threats made against Randy Medler's family.(FILE/KOKH)

A motion to dismiss a Federal lawsuit against the Blaine County sheriff and undersheriff has been filed.

Both were included in a lawsuit filed by the former town clerk of Hitchcock for allegedly refusing to take action after multiple complaints of racial and homophobic harassment, leading up to his home being burned to the ground back in May.

Randy Medler claimed in the lawsuit that he was harassed by multiple town officials, including the Mayor of Hitchcock, when he assumed the position of Town Clerk. Medler claims the harassment was targeted at his sexual orientation and the race of his adopted son. The lawsuit alleges his family's home was burned to the ground intentionally after weeks of threats. It also alleges firefighters waited to respond.

The lawsuit names Blaine County Sheriff Tony Almaguer, and Undersheriff David Robertson for allegedly refusing to take a police report or investigate threats made against Medler's family.

A motion filed this week to dismiss the sheriff and undersheriff from the lawsuit claims that the plaintiff has "no constitutionally protected right to file a police report or to have the police conduct a criminal investigation."

"I think Oklahomans and Americans in general will be shocked that there is an attorney and a sheriff's department in Oklahoma trying to claim that they have the constitutional right not to protect and serve citizens," said Troy Stevensen, executive director of Freedom Oklahoma.

FOX 25 spoke with Blaine County Sheriff Tony Almaguer several days after the lawsuit was filed. He told us on camera that he did file reports.

"We got all of the police reports and everything documented," said Almaguer.

The motion to dismiss says "The law is clear that there is no constitutional, statutory, or common law right that a private citizen has to require a public official to investigate or prosecute a crime.

"He spoke to channel 25, he told you that he was taking these reports, the fact that they've admitted in this motion that they didn't take them is telling. How can you believe anything that they are saying if they blatantly lied to a news camera," said Stevenson.

When it comes to the legality of the claims made in the motion, FOX 25 reached out to Mike Redman, a Tulsa based attorney who specializes in Constitutional law.

The argument that a police department has no constitutional obligation to take a police report is overly simplistic and confuses the discretion afforded to police," said Redman.

"A refusal of legal authorities can very well be the basis for constitutional violations if the refusal amounts to unequal treatment under the law," he added.

Freedom Oklahoma tells FOX 25 they have two weeks to file motions, then they will learn whether or not this case will go to trial.

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