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ADAIR COUNTY • CV-2026-16

April Unger v. City of Stillwell

Filed: Feb 24, 2026
Type: CV

What's This Case About?

Let’s be real for a second: a woman gets tased six or seven times while lying motionless on her boyfriend’s front porch—after being pulled over for not fully stopping at a stop sign—and the cops then bust into the house without a warrant, all because one officer radioed “I’m in trouble” like he was starring in his own action movie. This isn’t a dystopian cop show. This is what allegedly went down in Stilwell, Oklahoma, population just under 4,000, where a routine traffic stop turned into a full-blown constitutional dumpster fire.

Meet April Unger and Robert White—two regular people caught in what can only be described as a law enforcement overreaction of epic proportions. April, driving her 2015 Nissan Altima (which, let’s be honest, probably doesn’t even have Apple CarPlay), allegedly failed to come to a complete stop at a stop sign. She also, according to the Cherokee Nation’s court records, was later cited for unsafe lane use, transporting an open container of alcohol, and not having proof of insurance. Minor stuff, right? The kind of citations that usually end with a fine and an eye roll. But not in Stilwell. Not on October 30, 2024. That day, Officer Jacob Martin saw a misdemeanor and treated it like a hostage negotiation.

April, perhaps wisely deciding she didn’t want to stand in the street arguing with a cop while tipsy, got out of the car and walked into Robert White’s house—her boyfriend’s home at 158 N. 8th Street. Now, this is where things go off the rails faster than a shopping cart down a hill. Instead of, say, calling it in or waiting for backup like a normal human, Officer Martin radios in a “10-23”—code for “officer in trouble”—which instantly escalates the situation from “routine traffic stop” to “potential life-or-death emergency.” Backup arrives fast—Officer Kevin Fletcher shows up, and instead of, you know, knocking or calling for April to come back out, they follow her into the house. No warrant. No consent. No emergency. Just two cops barging into a private residence because someone didn’t stop all the way at a stop sign.

And then—oh, then—the tasing begins. As April walks through the door, Martin deploys his Taser. She falls, incapacitated, across the threshold. But that’s not enough. Even though she’s on the ground, not moving, not resisting, clearly not a threat, Martin tases her again. And again. And again. Six. Or maybe seven. Times. Let that sink in. The man used a Taser more times than most people check their phones in a minute—on a woman who was already down. The filing says she was “rendered incapable of resisting,” which is lawyer-speak for “she was literally helpless and they kept shocking her anyway.” At this point, someone—probably realizing this was no longer policing but outright assault—called EMS. And not just any EMS call: a “code 1x1,” which means emergency transport. April was rushed to the hospital with taser burns, bruising, nerve damage, and emotional trauma. All for a traffic stop.

Meanwhile, Robert White—whose house this was, remember—just wanted to chill at home. Instead, he got a warrantless home invasion by the local police department. His front door became a crime scene for a misdemeanor traffic stop. The filing cites Kentucky v. King, a Supreme Court case about when cops can enter a home without a warrant, and the answer is: only if there’s an emergency—like someone’s about to flush drugs or hurt someone. Neither applied here. April wasn’t a violent felon. She wasn’t armed. She wasn’t even running. She was just… walking into her boyfriend’s house. So yeah, Robert’s suing too—not for getting tased, but for having his constitutional rights stomped on like a cigarette butt on a sidewalk.

Now, why are they in court? Because this wasn’t just a bad day for policing—it’s a laundry list of alleged civil rights violations. First up: excessive force. The plaintiffs argue that tasing someone seven times while they’re prone and helpless is, shocker, unconstitutional. The Supreme Court has said force must be “objectively reasonable,” and this? This was objectively unreasonable. The filing name-drops Graham v. Connor, the case that set the standard for police force, and basically says: “Hey, judges, this was so far outside the line that even a rookie cop should’ve known it was wrong.” Then there’s assault and battery—yes, the same terms you hear in bar fight cases—now being applied to police officers, with the city potentially on the hook because, hey, when your employees do something illegal, you might have to pay for it. That’s called respondeat superior, which is Latin for “you hired them, you deal with the fallout.”

Then it gets into the real legal weeds. Chad Smith, the police chief, is being sued not because he tased anyone (he didn’t), but because he didn’t do his job. The claim? He failed to train his officers on basic constitutional limits—like, maybe don’t break into houses for traffic stops or tase people into oblivion. That’s supervisory liability, and it’s a big deal. You can’t just hire cops and hand them Tasers and guns and say, “Figure it out.” There’s a duty to train. And when you don’t, and your officers go full Rambo on a woman for unsafe lane use, you might be on the hook.

And finally, the city itself is being sued under something called Monell liability—a legal doctrine that says a city can be responsible if its policies lead to constitutional violations. In this case? The plaintiffs argue that the department’s habit of calling minor stops “10-23” (officer in trouble) basically trains officers to treat every traffic stop like a life-or-death situation. That policy—or lack of de-escalation training—became the “moving force” behind the violation. So the city isn’t just being sued for what the officers did, but for the culture that allowed it to happen.

As for what they want? The filing doesn’t specify a dollar amount—just “compensatory damages” for April’s injuries and Robert’s violated rights, plus punitive damages against the officers and chief. Punitive damages aren’t about making the victim whole—they’re about punishing the wrongdoer. And when you tase a woman seven times for not stopping at a stop sign, punishment feels… warranted. Is $50,000 a lot? In this context? It’s a rounding error. The medical bills, the trauma, the sheer violation of dignity—this isn’t about money. It’s about accountability.

Our take? The most absurd part isn’t even the tasing. It’s the 10-23 call. Let that marinate. An officer sees a woman walk into a house after a traffic stop—something people do all the time—and instead of saying, “I’ll wait,” he radios “I’m in trouble.” That single phrase changed everything. It turned a minor citation into a SWAT-level response. It justified the forced entry. It escalated a situation that didn’t need escalating. And it shows how easily the language of fear can be weaponized—by cops, against citizens, for no good reason.

We’re not rooting for chaos. We’re not rooting for cops to be afraid to do their jobs. But we are rooting for sanity. For proportionality. For the idea that a traffic stop shouldn’t end with someone in the ER because they didn’t come to a complete stop. This case isn’t just about April Unger or Robert White. It’s about what happens when power isn’t checked. When fear overrides facts. When a Taser becomes a tool of punishment, not protection.

And honestly? If this were a movie, no one would believe it. Too over-the-top. Too ridiculous. Too much. But it’s not fiction. It’s a petition filed in Adair County, Oklahoma. And that’s the most terrifying part of all.

(We’re entertainers, not lawyers. But even we know this stinks to high heaven.)

Case Overview

Petition
Jurisdiction
District Court of Adair County, Oklahoma
Relief Sought
$1 Punitive
Plaintiffs
Defendants
Claims
# Cause of Action Description
1 Excessive Force Against Defendants Martin and Fletcher
2 Assault and Battery Against Defendant City of Stilwell
3 Supervisory Liability Against Defendant Chad Smith
4 Municipal Liability Against Defendant City of Stilwell
5 Attorney's Fees and Costs Against All Defendants

Petition Text

1,676 words
IN THE DISTRICT COURT OF ADAIR COUNTY STATE OF OKLAHOMA APRIL UNGER and ROBERT WHITE, Plaintiffs, vs. CITY OF STILLWELL, An Oklahoma Municipality, CHAD SMITH, City of Stillwell Police Department Chief of Police, JACOB MARTIN, Stillwell Police Department and KEVIN FLETCHER, Stillwell Police Department, Defendants. CASE NO. CV-2026-16 PETITION COME NOW, April Unger and Robert White, by and through said parties’ attorney John C. Young of John C. Young, Attorney at Law and for said parties’ action against the above-named Defendants allege and state as follows: NATURE OF ACTION 1. This civil rights action seeks redress for Defendants' unconstitutional warrantless entry into Plaintiff Robert White's home and excessive force against Plaintiff April Unger, including repeated Taser deployments during a minor traffic stop, in violation of the Fourth Amendment, Oklahoma Constitution Art. II, § 30, and state tort law. JURISDICTION AND VENUE 2. This action is brought pursuant to the Oklahoma Governmental Tort Claims Act (OGTCA), 51 O.S. §151 et seq., Okla. Const. Art. II, §30, and 42 U.S.C. § 1983. 3. This Court has subject matter jurisdiction over state law claims federal civil rights claims pursuant to 28 U.S.C. §1331. 4. On May 30, 2025, Plaintiffs timely provided written Notice of Governmental Tort Claims to the City of Stilwell and the Stilwell Police Department via certified mail. 5. Pursuant to 51 O.S. §157(A), the Defendants had ninety (90) days to respond; no response was provided, and the claims were deemed denied on August 28, 2025. 6. This Petition was filed on February 24, 2026, satisfying all conditions precedent under the OGTCA and exhausting all administrative remedies required under Oklahoma law. 7. Venue is proper in Adair County pursuant to 12 O.S. § 133 because the underlying incidents and warrantless entry occurred at 158 N. 8th Street, Stilwell, Oklahoma, and all Defendants are located within this County. THE PARTIES 8. Plaintiff, April Unger, is a resident of Adair County, Oklahoma. 9. Plaintiff, Robert White, is a resident of Adair County and was, at all times relevant, the owner and/or lawful occupant of the subject residence. 10. Defendant, City of Stilwell, is a political subdivision of Oklahoma and acts as the employer and policymaker for the individual Defendants under Monell v. Dep't of Soc. Servs., 436 U.S. 658 (1978). 11. Defendant, Chad Smith, was at all times relevant the Chief of Police and is sued in his individual capacity for federal law violations and supervisory liability under 42 U.S.C. § 1983. 12. Defendants, Jacob Martin and Kevin Fletcher, were at all times relevant officers of the Stilwell Police Department and are sued in their individual capacities. 13. At all times relevant, the individual Defendants acted under color of state law. STATEMENT OF FACTS 14. On October 30, 2024, at approximately 5:13 p.m., Defendant Martin initiated a traffic investigation for an alleged failure to stop at a stop sign involving a 2015 Nissan Altima registered to April Unger. 15. The underlying offenses were minor traffic infractions later prosecuted in Cherokee Nation District Court (Case No. CM-24-3541) for Unsafe Lane Use, Transporting an Open Container, and Failure to Carry Insurance (Attached as Exhibit A). 16. A charge for Driving Without a License was initially included but subsequently dismissed. 17. Plaintiff April Unger exited the vehicle and entered the residence of Robert White. 18. Despite the minor nature of the infraction, Defendant Martin requested backup "now," which dispatch logged as a "10-23 (OFFICER IN TROUBLE)" at 5:15:00 p.m. 19. Without a warrant or consent, Defendants Martin and Fletcher pursued April Unger into White’s home to effectuate an arrest for the minor traffic citation. 20. No exigent circumstances existed to justify entry under Kentucky v. King, 563 U.S. 452 (2011), as there was no threat of death, destruction of evidence, or pursuit of a dangerous felon. This entry violated clearly established law under Mascorro v. Billings, 656 F.3d 1198 (10th Cir. 2011). 21. Defendant Martin deployed his Taser against April Unger as she walked into the residence, causing her to fall across the threshold. 22. While April Unger lay prone and incapacitated across the threshold, Defendant Martin continued to deploy the Taser for a total of six (6) or seven (7) cycles. 23. April Unger was rendered incapable of resisting, yet Officers continued to apply physical force in excess of the degree reasonably permitted by law. 24. The violence was so extreme that Defendant Martin requested EMS at 5:19:29 p.m.. 25. Adair County EMS transported April Unger under "code 1x1" (emergency transport) to the hospital. 26. As a result, April Unger sustained taser burns, bruising, permanent nerve damage and emotional trauma. CAUSES OF ACTION COUNT I: Excessive Force — 42 U.S.C. §1983 & Okla. Const. Art. II, § 30 (Against Defendants Martin and Fletcher) 27. Officers tased April Unger 6-7 times despite the minor crime and no safety threat, violating the "objective unreasonableness" standard of Graham v. Connor, 490 U.S. 386 (1989). 28. These violations were of "clearly established" law; no reasonable officer would believe tasing an incapacitated misdemeanant was lawful under Estate of Booker v. Gomez, 745 F.3d 405 (10th Cir. 2014). COUNT II: Assault and Battery — OGTCA (Against Defendant City of Stilwell) 29. Pursuant to 21 O.S. § 643 and 51 O.S. § 153, the City is liable via respondeat superior for physical contact (battery) and threats (assault) that exceeded "reasonably necessary" force per 51 O.S. § 155(4). COUNT III: Supervisory Liability — 42 U.S.C. § 1983 (Against Defendant Chad Smith) 30. Chief Smith acted with deliberate indifference by failing to train officers on the prohibition of warrantless entries for non-serious misdemeanors per Dodds v. Richardson, 614 F.3d 1185 (10th Cir. 2010). COUNT IV: Municipal Liability (Monell Claim) — 42 U.S.C. § 1983 (Against Defendant City of Stilwell) 31. The City's policy allowing "10-23" designations for minor infractions and failure to train on de-escalation served as the "moving force" behind the constitutional violations under City of Canton v. Harris, 489 U.S. 378 (1989). COUNT V: ATTORNEY'S FEES AND COSTS (42 U.S.C. § 1988) (Against All Defendants) 32. Plaintiffs incorporate by reference all preceding paragraphs as if fully set forth herein. 33. This action is brought to enforce the provisions of 42 U.S.C. § 1983, which protects the civil and constitutional rights of the Plaintiffs. 34. Pursuant to 42 U.S.C. § 1988(b), in any action to enforce a provision of Section 1983, the Court, in its discretion, may allow the prevailing party a reasonable attorney's fee as part of the costs. 35. As a direct result of the Defendants' unconstitutional conduct, Plaintiffs have been forced to retain legal counsel to seek redress for their injuries. 36. Plaintiffs are entitled to an award of reasonable attorney's fees, litigation expenses, and costs incurred in the prosecution of this matter. PRAYER FOR RELIEF WHEREFORE, Plaintiffs April Unger and Robert White pray for judgment against the Defendants—the City of Stilwell, Chad Smith, Jacob Martin, and Kevin Fletcher—jointly and severally, for the following relief: 37. Compensatory Damages for Plaintiff April Unger for severe physical injury, including injuries resulting from the use of a Taser, physical pain and suffering, medical expenses, and emotional distress; 38. Compensatory Damages for Plaintiff Robert White for the unconstitutional, warrantless entry into his private residence and the resulting violation of his Fourth Amendment rights; 39. Punitive Damages against Defendants Chad Smith, Jacob Martin, and Kevin Fletcher, in their individual capacities, for conduct that was malicious, oppressive, and in reckless disregard of the Plaintiffs' federally protected rights; 40. Pre-judgment and Post-judgment Interest at the highest rate allowed by law; and 41. Such other and further relief as the Court deems just and equitable. Respectfully submitted, John C. Young, Attorney at Law By: ______________________________ John C. Young, OBA #31889 John C. Young, Attorney at Law 111 N. College Ave. Tahlequah, Oklahoma 74464 Telephone: (918) 414-5177 [email protected] Attorney for April Unger and Robert White ATTORNEY LIEN CLAIMED. IN THE DISTRICT COURT OF THE CHEROKEE NATION TAHLEQUAH DISTRICT Case No.: CM-24 3541 CHEROKEE NATION, Plaintiff, vs. APRIL DAWN UNGER DOB: 04/04/1974 a/k/a April Dawn Carver, April Dawn Long, April Dawn Unger Defendant. INFORMATION COUNT 1: UNSAFE LANE USE - M - 47 CNCA § 11–309 COUNT 2: TRANSPORTING AN OPEN CONTAINER - M - 21 CNCA §1220 COUNT 3: FAILURE TO CARRY INSURANCE VERIFICATION FORM - M - 68 CNCA 1358(B) IN THE NAME AND BY THE AUTHORITY OF THE CHEROKEE NATION: I, Chad C. Harsha, Attorney General of the Cherokee Nation, upon oath and affirmation of office, give information that in the Cherokee Nation and within Indian Country as defined by 18 U.S.C. section 1151 and the laws of the Cherokee Nation, anterior to the presentment thereof, April Dawn Unger did commit the following crime(s): COUNT 1: APRIL DAWN UNGER, on or about October 30, 2024, within the jurisdiction of this Court, did commit the crime of Unsafe Lane Use, a Misdemeanor, by unlawfully, willfully and wrongfully drive and operate a certain motor vehicle, to-wit: a 2015 Nissan Altima, bearing license number AB9996, at a point 1318 8th Street in Stilwell, Cherokee County, Cherokee Nation Reservation, by running said vehicle from a direct course when such movement could not be made within reasonable safety. COUNT 2: APRIL DAWN UNGER, on or about October 30, 2024, within the jurisdiction of this Court, did commit the crime of Transporting An Open Container, a Misdemeanor, by unlawfully and willfully, wrongfully and knowingly transport in a vehicle upon a public highway, street or alley an alcoholic beverage, the same being in a container which had been opened, the seal broken and the cap or cork which had been removed. COUNT 3: That APRIL DAWN UNGER did, on or about October 30, 2024, commit the crime of Failure to Carry Insurance Verification Form, a Misdemeanor, by unlawfully, willfully and wrongfully, drive and operate a certain motor vehicle, to-wit: a 2015 Nissan Altima bearing tag number AB9996 on 1318 8th Street at a point within Cherokee Nation Reservation boundaries, without having an Owner's Security Verification Form or an equivalent form. FURTHER, the defendant and/or victim qualify as an Indian as defined in 25 U.S.C. section 1301, being a member of the Cherokee Nation, a federally recognized tribe, and the defendant did, within the Cherokee Nation and on Indian Country on the dates aforesaid, commit the above crime(s), contrary to the Cherokee Nation statutes cited above, and against the peace and dignity of the Cherokee Nation. CHAD C. HARSHA ATTORNEY GENERAL By: Eric Carpenter, #CNBA-0912 Assistant Attorney General WITNESSES ENDORSED FOR THE CHEROKEE NATION Lt. Kevin Fletcher Stilwell Police Department Stilwell, OK 74960 17 S. 2nd Linda Hardbarger 214 N 6th Pl Stilwell, OK 74960 Off. Jacob Martin Stilwell Police Department Stilwell, OK 74960 17 S. Second Off. Amanda Pritchett Stilwell Police Department Stilwell, OK 74960 17 S. 2nd
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