One lawsuit against Hendrix is dismissed

MUSKOGEE – One of several cases pending in federal court here filed in recent years against the McCurtain County Jail Trust and/or jail administrator Larry Hendrix was dismissed recently.
A federal judge dismissed the suit filed by inmate Marion Allen Whitten Jr. when the plaintiff failed to pay his filing fee and failed to advise the court of his address.
The dismissal was made “without prejudice,” meaning the plaintiff is not barred from refiling it.
Whitten filed the case in January, claiming that a jailer had first restrained him in a chair, then hit him in the ears, and that he was later pepper-sprayed and not allowed to shower for 30 minutes.
Hendrix and two other jail personnel were named in the suit, along with the McCurtain County Jail Trust.
Hendrix had recently been suspended for two months with pay during an investigation by the Oklahoma Bureau of Investigation, but was reinstated when the investigation ended.
Alicia Manning, captain at the sheriff’s department, now claims that the FBI is investigating another case in which jail personnel are among the defendants.
Jail trust members have not indicated whether the administrator will be placed on paid leave again while that FBI investigation moves forward.
Manning’s attorney says the OSBI turned over to the FBI some files related to the Roper Harris civil suit, and that an FBI agent wanted to attend Manning’s deposition, which was scheduled for Thursday but has now been delayed two months.
Manning’s attorney said she only became aware of the FBI investigation on May 2, and he contends she shouldn’t be forced to testify if her responses could help an FBI criminal probe.