MUSKOGEE, Okla. (AP) — A lawsuit by a federal death-row inmate convicted of killing an Oklahoma Highway Patrol trooper has been sent back to federal court after an appeals panel said there was "no explanation" for why a jailer and police chief were dismissed from the suit.
The 10th U.S. Circuit Court of Appeals ruled partially in favor of Kenneth Eugene Barrett, who is awaiting execution for the 1999 shooting death of Trooper David "Rocky" Eales. The Denver-based panel remanded the case to federal court in Muskogee, because there was "no explanation" for why Sallisaw Police Chief Gary Philpot and former jailer Michael Hendricks were dismissed as defendants.
Barrett's suit claims that his attempts to file jail grievances for denial of medical care were ignored. He's seeking $1 million in damages.
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Information from: Tulsa World, http://www.tulsaworld.com
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November 16, 2009
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