Federal lawsuit filed two years after deadly Choctaw shooting

A federal lawsuit has been filed by Demetrize Carter, the 43-year-old man who was shot during the deadly Choctaw shooting in 2023.

Past Coverage: Choctaw Shooting 

Carter survived the shooting, but according to the lawsuit, Carter was not armed with a weapon, did not engage the officer in any manner, and did not pose a threat.

The suit is filed against defendants City of Del City, Del City Police Chief Loyd Berger, in his individual capacity, Del City Police Officer Shawn Hogue, in his individual capacity; and John Doe police officer, in his individual capacity; and Choctaw-Nicoma Park School District.

Background:

On Aug. 25, 2023, police responded to a shooting at Choctaw High School during its season opener football matchup against Del City.

An alleged fight erupted into a shooting that killed 16-year-old Cordea Carter.

Off-duty officers at the game, working security for Mid-Del Schools, responded first to the incident.

One officer shot 43-year-old Demetrize Carter in the chest, believing he had a gun.

Carter shares no relation to the 16-year-old who died.

Federal Lawsuit:

The lawsuit filed is seeking money damages and equitable relief for the "violations of the constitutional rights of Carter, specifically the 4th Amendment and 14th Amendment rights under the Constitution of the United States due to Defendants’ failure to provide and ensure that Carter would be free from unreasonable seizure and excessive force; Defendants’ failure to protect Carter from deprivation of life without due process through the use of unjustified deadly force which was not arbitrary or capricious; and Defendant negligence."

Attorney Billy Clark announced the civil rights lawsuit during a press conference on Monday, saying Carter is still recovering from his injuries.

Today we’re just here to let the community know that we haven’t forgot about either one of them,” Clark said. “Our prayers are with the family of Cordae Carter for their loss, as well as for Demetrize Carter."

Clark says Carter, who has undergone multiple surgeries, could not attend due to ongoing issues that stem from the shooting.

“He has ten children that he supports. He’s no longer able to support,” Clark explained. “He wanted to be here, but he’s continuing to have surgeries, and he’s just not up for it right now.”

The lawsuit names Del City Police Officer Sean Hogue, alleging excessive force and civil rights violations.

“This is a 42 USC 1983 civil rights lawsuit,” Clark said. “We are alleging that Del City police officer Sean Hogue and his partner violated the civil rights of Demetrius by shooting him with no provocation, with no reason other than indifferent tolerance toward African Americans.”

“Demetrius puts his hands up — what else can you do? He puts his hands up, and he’s still shot point-blank. The bullet went in his raised arm, traveled into his chest and into his spleen, and he literally almost died.”

Clark added the family hopes the case prompts broader safety changes.

“The most important thing is we want to ensure the safety of any school member or fan who goes to watch a football game,” Clark said. “We need to know that bags are checked, security protocols are effective, and there’s enough policing.”

Civil rights advocate Michael Washington also spoke, criticizing what he called a lack of accountability.

“We are now being subjected to racial discrimination here in Oklahoma County and other counties because we have a District Attorney who refuses to take action when action is required,” Washington said.

He claimed the officer had a pattern of behavior.

“This black man already been accosted several times by this Hogue guy, this guy who thinks that he’s above the law — I could shoot anybody, why? Because my District Attorney is going to protect me.”

Washington said Carter’s family continues to suffer.

“This man here has children today. They have to explain to their kids daddy can’t move around like he used to anymore. Daddy was shot.”

Lawsuit Claims:

1. "Plaintiff Carter was not a threat nor was he a perceived threat when he was shot by Defendant Hogue on Friday, August 25, 2023. Hogue's unlawful use of deadly force constitutes excessive force under the 4th Amendment of the Constitution of the United States and violates Carter's due process under the 14th Amendment of the Constitution of the United States."
2. "Defendant Officer John Doe was ineffective in his duties by failing to intervene to prevent Hogue from violating the civil rights of Carter."
3. "Defendant Del City is liable for Carter's injuries because of its ineffective official policies or customs, its failure to train or supervise the DCPD Chief, and its deliberate indifference towards African American individuals like Carter."
4. "Defendant DCPD Chief failed to train, failed to supervise, and failed to discipline its officers specifically Defendants Hogue and Officer John Doe."
5. "Defendant CNPS was negligent by failing to provide effective security measures when it was reasonably certain that fights and/or arguments could potentially lead to the use of guns and weapons by spectators."

Causes of Action:

Count One: Civil Rights Claim; Defendant Del City's violation of the 4th Amendment Rights of Plaintiff Carter.

Count Two: Civil Rights Claim; Excessive Force Violation of 4th and 14th Amendment Rights due to Defendant Hogue.

Count Three: Civil Rights Claim; Failure to Intervene/Bystander Liability, Conspiracy Violation of 4th and 14th Amendment Rights Against Defendant Officer John Doe.

Count Four: Civil Rights Claim; Failure to Supervise, Train, and Discipline Violation of Fourth and Fourteenth Amendment Rights Against Defendants DCPD Chief and Del City.

Count Five: Assault and Battery (Pursuant to Oklahoma State Law) against Defendant Hogue

Count Six: Intentional Infliction of Mental Anguish and Emotional Distress (Pursuant to Oklahoma State Law)

Count Seven: Loss of Consortium (Pursuant to Oklahoma State Law)

Count Eight: Respondeat Superior (Pursuant to Oklahoma State Law)

Count Nine: Negligence of Defendant CNPS

Request for Relief:

The lawsuit states: "Plaintiff seeks compensatory damages from each Defendant in an amount deemed sufficient by the jury to compensate Plaintiff CARTER for all damages sustained, both past and future."

The suit goes on to state: Plaintiff has suffered and seeks damages for:

• Physical pain and suffering in the past and future;

• Severe pain of mind and body in the past and future;

• Physical and emotional distress in the past and future;

• Medical expenses in the past and future;

• Mental anguish in the past and future;

• Humiliation in the past and future;

• Embarrassment in the past and future;

• Permanent vision loss in the past and future;

• Ongoing loss of sleep in the past and future;

• Severe, degraded quality of life in the past and future;

• Loss of enjoyment of life in the past and future;

• Loss of consortium in the past and future;

• Speech problems in the past and future;

• Disfigurement in the past and future;

• Physical impairment in the past and future; and

• Loss of earnings and loss of earning capacity in the past and future.

Response

News 9 has reached out to all the defendants named.

Choctaw Nicoma Park Schools Superintendent, David Reid, said:

"While the District cannot comment on specifics due to pending litigation, rest assured that Choctaw-Nicoma Park Public Schools remains committed to cooperating with law enforcement and prosecuting officials as they pursue justice for the victim."

The plaintiff is requesting a jury trial on this issue. Carter's attorney, Billy Clark, plans to address the media at 1:30 on Monday.