A retired Shawnee police officer has filed a notice of tort claim against the city of Shawnee claiming Chief Bill Mathis falsely stopped him in a traffic stop May 16, the same day the officer’s retirement became effective.

Alan L. Gunter’s tort claim alleges two counts — false arrest and intentional infliction of emotional distress.

According to the document, Gunter had finished breakfast at Sunnyside Up Restaurant in Shawnee about 9:30 a.m.  and was standing outside the restaurant.

While speaking to a friend in the parking lot, he saw Mathis’ unmarked police car at the stop light of Highland and Broadway streets.

Gunter alleges in the claim that Mathis parked in a parking spot facing the direction where Gunter was standing.

 While Gunter talked with a friend, the filing claims Mathis drove out of the parking spot and pulled behind a nearby building, the tort claim said.

Gunter finished his conversation, got on his motorcycle and left, traveling west on Highland Street. His filing shows he was obeying all traffic laws.


A retired Shawnee police officer has filed a notice of tort claim against the city of Shawnee claiming Chief Bill Mathis falsely stopped him in a traffic stop May 16, the same day the officer’s retirement became effective.
Alan L. Gunter’s tort claim alleges two counts — false arrest and intentional infliction of emotional distress.
According to the document, Gunter had finished breakfast at Sunnyside Up Restaurant in Shawnee about 9:30 a.m.  and was standing outside the restaurant.
While speaking to a friend in the parking lot, he saw Mathis’ unmarked police car at the stop light of Highland and Broadway streets.
Gunter alleges in the claim that Mathis parked in a parking spot facing the direction where Gunter was standing.
 While Gunter talked with a friend, the filing claims Mathis drove out of the parking spot and pulled behind a nearby building, the tort claim said.
Gunter finished his conversation, got on his motorcycle and left, traveling west on Highland Street. His filing shows he was obeying all traffic laws.
“Chief Mathis’ unmarked police car drove up behind claimant with red lights activated,” the tort claim said. Gunter pulled into a gas station at Highland and Kickapoo streets.
“Mathis exited the unmarked police car and approached claimant. Mathis was in plain clothes but was carrying a gun and a badge,” the filing said. The document also claims that conducting a traffic stop in an unmarked vehicle in plain clothes is a violation of state law.
Gunter’s filing shows Mathis asked him for his drivers license, and he responded, “Yes, sir, why am I being stopped?”
Mathis didn’t answer, the filing shows, but asked Gunter if he was still on workers’ compensation.
Gunter, who reportedly had shoulder surgery, told the chief he was released from workers’ compensation the day before, the document shows. 
Mathis asked Gunter for a copy of his release from workers’ compensation; Gunter did not have a copy with him.
“Mathis then told claimant, ‘You have a copy of that release turned in by the close of the business today,” saying if he did so, “then you might be OK,” the filing reads.
The document shows Mathis returned Gunter’s drivers license and left.
Gunter’s claim suggests there was no probable cause for the traffic stop, therefore it constitutes false arrest and is a violation of state law. Gunter claims the treatment was intentional.
The city has 90 days to respond to the tort claim, for which Gunter is asking for $125,000 in relief for each claim.
Gunter will initiate a civil lawsuit if the claim is denied, it shows.
Mathis said he was unable to comment on the action.
“It’s a personnel issue dealing with Mr. Gunter,” Mathis said, adding he can’t make any further comments about the tort claim at this time.
Gunter is being represented by the law office of Moore and Vernier, Oklahoma City.
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Kim Morava may be reached at 214-3962 or kimberly.morava@news-star.com.