Thursday, November 17, 2005

Accused killer's lawsuit to go forward

One accused double murderer had a lawsuit against the Jasper County Sheriff's Department and Sheriff Archie Dunn dismissed, but a lawsuit by another accused double murderer will go forward.
Federal Judge Ortrie D. Smith ruled earlier this week that the lawsuit filed by John Opry can go forward at the taxpayers' expense, at least for a while. Opry will be able to have the $250 filing fee for his case paid for initially, but he will have to pay it back in monthly installments, according to the opinion.
In the lawsuit, filed Oct. 12 in U. S. District Court for the Western District of Missouri, Opry claims his constitutional rights were violated when a disciplinary hearing tribunal found him guilty of violating jail rules and punished him by not allowing any canteen spending, personal use of telephone, visits or "out-of-cell recreation opportunity" for 30 days. Of course, Opry makes no mention in his petition of the reason he is behind bars. The 26-year-old is awaiting trial for the brutal July shooting deaths of two Sarcoxie men.
Opry says he wants damages, and wants all records related to the discipline to be removed from his file. He also asks that the sheriff "cease disciplinary action without process which is due."

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