COMPLAINT TO THE INTERNAL AFFAIRS DEPARTMENT OF THETULSA, OKLAHOMA POLICE DEPARTMENT

FORMAL COMPLAINT

Filed By:

Name: Keith Kimmel SSN: [Redacted]Address: P.O. Box 6421 DOB: [Redacted]Address: Norman, OK 73070-6421 Sex: MalePhone: 405.795.3800 Race: White

TO: Tulsa Police DepartmentInternal Affairs Department600 Civic Center, Suite 302Tulsa, OK 74103

VIA CERTIFIED FIRST-CLASS MAIL, RETURN RECEIPT REQUESTED, POSTAGE PREPAIDARTICLE NO. 7009-2250-0002-1969-8477

DATE: MONDAY, MARCH 29TH, 2010FORMAL COMPLAINT

Please be advised that I wish for this letter to serve as a formal written complaint regarding the actions, conduct, brutality, excessive force and lack of professionalism displayed by The Tulsa Police Department on or about Friday, March 26 th , 2010 at approximately 10 PM to 12 Midnight in response to a call to or near The End Up Club located at 5336 E. Admiral Pl., Tulsa, OK 74115.

Please be aware that I have already made a verbal complaint or a “Supervisor's Contact Report” about this incident to Corporal Snow via telephone on Sunday, March 28 th , 2010 at 4 PM . He advised me that he had assigned Incident #I099572 to the report and would forward it to Internal Affairs. This formal complaint restates the information that was provided to Cpl. Snow in writing and provides additional details.

BACKGROUND

On or about Friday, March 26 th , 2010 at 5 PM I arrived at The End Up Club located at 5336 E. Admiral Pl., Tulsa, OK 74115 to enjoy a few drinks and to see the performance of a male dancer known as “Dallas,” and for other lawful purposes. As the night progressed, I consumed several drinks and at some point a fight broke out inside the club and the Tulsa Police Department (TPD) was summoned. I am without knowledge as to who called TPD. Several persons forced me to leave the bar through the front door, where at least three officers that I recall of the TPD were waiting.

COMPLAINT

Upon being removed from the bar, an officer began to interrogate me. I was asked to sign a receipt and leave the property, which I refused to do because I did not recognize it and was not given the opportunity to examine it. When I attempted to examine it, an white male officer told me not to come closer and to stand back. I also stated that my drivers license was in the possession of someone other than me in the bar and told them I would not leave without my license. Several officers snickered and said they didn't know what I was talking about. At one point one of the officers stated words to the effect that he was “getting tired of my mouth.”

Shortly after this I was placed under arrest, handcuffed and slammed onto the hood of a nearby car. I was not read any rights nor told what I was being charged with. The officers then dragged me around the parking lot on my stomach, first by trying to shove me into a patrol car. They hit my head on the door frame several times and when I was too tall to fit into the car, they attempted to stuff me in regardless which resulted in my neck being bent at odd angles. I have experienced severe pain and stiffness in my neck since the incident.

When it was determined that I would not fit in the first vehicle, the officers then dragged me across the parking lot to a second vehicle. At one point, when trying to stuff me into the second vehicle on my side, I felt several punches to my testicles but I could not see who delivered them. There were many officers present by this point and lots of flashing lights. My memory gets hazy at this point, but I remember the officers trying to stuff me into this vehicle on my side. The vehicle was long and narrow, like a van. I could not breathe and began to choke, when they left me in there for a long time. Eventually, they pulled me out and onto a stretcher and put me into an ambulance. I remember struggling herein and I remember someone threatening to start “dislocating joints” if I did not be still. I cant describe him, but I did see his face. If I saw his face again I would recognize it.

The officers made several crude comments about my weight like “get the grease,” “anybody got some Crisco oil” and “get your fat ass in there” throughout this process. Several derogatory remarks were made with regard to my sexual orientation and the entertainers and/or patrons of the bar. At some point during all of this, my pants fell to my knees and the officers pulled them completely off. The officers bent my wrists and fingers in various positions, causing extreme pain immediately and later swelling. I remember hearing an officer mention something to the effect of “we are experts at putting people in their place without leaving marks, they train us on that” when I cried out about the pain and how they better not break my hand.

I was then transported to St. Johns Hospital by ambulance summoned by TPD. When I woke up in the hospital, all of the police officers were gone and my property was in a Tulsa Police Department Evidence bag. There was a paper inside about preventing drug and alcohol abuse, but no ticket from the police or any charges. When I announced to the Emergency Room staff that I was leaving, they made no effort to stop me and the security officer told me that the police did not tell him to hold me, so I was free to go. The staff gave me a couple of bus tokens and I went back to End Up to get my car.

I then drove back to the Oklahoma City area. After talking with a friend, I decided that I should file a formal complaint regarding this incident and make the media aware of the incident, because it could repeat itself and someone else may become the victim of this brutality. I asked a friend to help me by taking photographs of my injuries to document them. Several of the photographs follow as an Exhibit “A” to this complaint. All photographs were taken by Kerri Logsdon. Contact information is available upon request. Additionally, an affidavit is signed and notarized by her regarding these photographs.

MY POSITION

It is my position that the TPD essentially beat me up, abused me physically and verbally and then dumped me at the emergency room at St. Johns Hospital for treatment. This incident is a blatant hate crime and it is absolutely inexcusable.

I feel it's important to note that earlier this year, I filed a civil lawsuit against The State of Oklahoma and its Tax Commission seeking to overturn a state law which the Commission is using to prevent me from getting a license plate that says “IM GAY.” This lawsuit generated extensive, nationwide (and in fact, limited worldwide) media coverage and has made my face very recognizable. I appeared on every television station in the state, numerous stations outside of Oklahoma, several national TV programs and syndicated newscasts and did a number of radio interviews. I appeared on the front page of The Oklahoman, the state's largest newspaper. That lawsuit has currently been dismissed on my own motion while I reformulate my case and retain a new attorney to pursue the case in Federal instead of State court.

I find it hard to believe that TPD officers did not know who they were dealing with and I think that at some point, someone recognized me, the officers realized they went too far in their brutalization of me and decided to attempt to cover it up by dumping me in the hospital and hoping I would not remember what happened the next day. I do have a memory of what happened and I felt then and still am experiencing pain on an a physical and mental level as a result of my encounter with TPD.

I will not be silenced and I will continue to stand up for and fight for my rights. What The Tulsa Police Department has done to me has not changed any of that. In fact, it has only strengthened my resolve and my desire to see that justice is served in this case. I am not sure if the treatment I received from TPD was in retaliation for my lawsuit or not, but I feel the investigators should know this information up front.

REQUEST FOR IMMEDIATE ACTION

Until this matter is fully investigated and those responsible brought to justice and prevented from doing this again, I am in physical danger. I demand that the Tulsa Police Department undertake, immediately and without delay, the following actions with regard to my complaint:

1. That my complaint be investigated completely and fully to the fullest extent possible based on the law and department guidelines, and;

2. That copies of this complaint immediately be forwarded to the current Mayor of the City of Tulsa, to the current Chief of Police, to the District Attorney responsible for prosecuting crimes in the jurisdiction that the incident(s) complained of took place, together with copies of the proceeds of any investigation as that information becomes available, and;

3. That additional copies of this complaint be forwarded to any government agency or other organization responsible for investigating alleged police brutality or civil rights violations, and;

4. That copies of this complaint be made available to the media and any interested member of the public without delay, restriction or redaction, and;

5. That this complaint be acknowledged to me in writing and further that I be advised in writing of any updates or progress made in the investigation, arrest of suspects, filing of charges, decision not to file charges or closure of any investigation spawned as a result of this complaint, and;

6. That those responsible for the actions complained of herein be prosecuted and punished to the fullest extent of the law, and;

7. That, pursuant to Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009, that a copy of this complaint be forwarded to The Federal Bureau of Investigation and that the Tulsa Police Department specifically and formally request and utilize the extensive resources of the Bureau to investigate this complaint, and;

8. That I be granted the right to testify before any internal panel, committee, review board or other body convened for the purpose of deciding anything of relevance to my complaint.

STATE OF OKLAHOMA )) AFFIDAVIT OF KEITH KIMMEL

COUNTY OF CLEVELAND )

I, Keith Kimmel, having first been sworn to tell the truth, the whole truth and nothing but the truth, say as follows:

1. That the photographs attached to this document are of me and depict injuries I sustained as a direct result of trauma inflicted upon me on or about Friday, March 26th, 2010, and;

2. That the information I have provided and statements I have made herein is true and correct to the best of my knowledge, and;

3. That I asked Kerri Logsdon of Norman, Oklahoma to take these photographs, and;

4. That the injuries I complain of are the result of misconduct on the part of the Tulsa, Oklahoma Police Department.

So sworn.

___________________________Keith Kimmel, Complainant

STATE OF OKLAHOMA )) AFFIDAVIT OF KEITH KIMMEL

COUNTY OF CLEVELAND )

Signed and sworn to before me on Monday, March 29, 2010 by Keith Kimmel.

___________________________Notary Public

(Notary Seal)

STATE OF OKLAHOMA )) AFFIDAVIT OF KERRI LOGSDON

COUNTY OF CLEVELAND )

I, Kerri Logsdon, having first been sworn to tell the truth, the whole truth and nothing but the truth, say as follows:

1. That the photographs attached to this document are of a person I know to be Keith Kimmel, a male, approximately 28 years of age, and they depict injuries he claims to have sustained as a direct result of trauma inflicted upon him on or about Friday, March 26th, 2010, and;

2. That Keith Kimmel of Norman, Oklahoma asked me to take these photographs of him, and;

3. That the information I have provided and statements I have made herein is true and correct to the best of my knowledge, and;

So sworn.

___________________________Kerri Logsdon, Photographer

STATE OF OKLAHOMA )) AFFIDAVIT OF KERRI LOGSDON

COUNTY OF CLEVELAND )

Signed and sworn to before me on Monday, March 29, 2010 by Kerri Logsdon.

___________________________Notary Public

(Notary Seal)

Exhibit “A”