Tyler Paulsen is striking back at Wagoner County Commissioner James Hanning and his brother Arron Hanning. Last week saw a lawsuit filed in Wagoner County, alleging the two men conspired with an ex wife/partner to harass and falsely imprison Paulsen to distract him while the James Hanning fought the embezzlement lawsuit.
And what did Commissioner Hanning do? He had his new attorney, the old one that is the current prosecutor for Cherokee County had quit last month, file the claim as a tort claim against Wagoner County. Meaning he expects the Wagoner County D.A. to represent him and the Wagoner County taxpayers to pay out any damages if he loses.
The problem is that both Hannings were acting outside their scope of employment, as a County Commissioner and an employee of the Wagoner County Sheriff Department. Which prevents the County from being responsible for their attorney fees or their defense.
Oklahoma Governmental Tort Claims Act states that the state or a political subdivision shall be liable for loss resulting from its torts or the torts of its employees acting within the scope of their employment subject to this act and only where the state or political subdivision would be liable for money damages under the laws of this state. The state or a political subdivision shall not be liable under the provisions of this act for any act or omission under the provisions of this act for any act or omission of an employee acting outside the scope of employment.
From our familiarity with the case it might be that the Broken Arrow Police Department might be immune if they were tricked into harassing Paulsen but the Wagoner County Sheriff Department might not be immune as the Sheriff is close friends and a solid supporter of Wagoner County Sheriff Chris Elliott.
The Wagoner County Commissioners will meet on Monday to decide if the county defends Commissioner Hanning and covers any damages if the lawsuit is successful. The agenda, minutes, and a recording of the meeting can be found here. We suggest you turn out and be there for the meeting if you live in Wagoner County and be sure and spread the link to the recording of the meeting after it is posted on that site.
Don't expect Wagoner 411 page on Facebook to spread the info, they shut down part of their site access last week complaining that others were using the info. Kind of strange as their name suggests that is where you come for info....Looks like they support accused child molesters and embezzlers.
