Broken Arrow resident sues city, police department over constitutional rights violation

A Broken Arrow man is suing the City of Broken Arrow and its police officers after he said they violated his constitutional rights.

The lawsuit names the city of Broken Arrow, Broken Arrow Police Department, former Sgt. Michael Ferguson and other officers.

Ferguson is a former officer with the Broken Arrow Police Department who was fired after an internal investigation connected to an incident with McMahon.

The lawsuit cites two instances where officers arrested Richard McMahon with what the lawsuit describes as excessive force.

First Incident: July 2023

The lawsuit says the first incident listed happened July 28, 2023. The lawsuit says McMahon called Broken Arrow Police because he said he had been assaulted by a neighbor.

According to the lawsuit, Ferguson and other officers disregarded his account and accepted the neighbor’s version of events. The lawsuit also states Ferguson told McMahon to turn around and, when he did not, the lawsuit said Ferguson used excessive force to arrest him.

Second Incident: May 2024

The lawsuit also cites a second incident on May 29, 2024.

According to the lawsuit, Ferguson and four other officers forced their way into McMahon’s home without a warrant or probable cause during a traffic investigation. The lawsuit said officers were investigating a complaint McMahon was blocking another vehicle in a cul-de-sac.

The lawsuit says officers slammed McMahon to the ground and injured him. The lawsuit says he was held overnight and released without charges.

Body camera footage from incident released

The Broken Arrow Police Department released body camera footage of the May 29 arrest online. It shows officers talking to other drivers and McMahon.

In the video, an officer said police have been called to McMahon’s house several times because of disputes with neighbors. At one point, an officer can be heard saying he hates McMahon.

The footage shows an officer asking McMahon at his door for his driver’s license as part of the investigation. It shows McMahon tries to close the door before officers push inside and handcuff him.

Ferguson was later fired following an internal investigation into the incident.

McMahon says the officers violated his 14th amendment protections against unreasonable search and seizure. He is seeking $1 million in damages.

We reached out to the Broken Arrow Police Department to comment on the lawsuit but have not yet heard back.