Date: 10-18-2024

Case Style:

Jarrod Proctor v. United States of America

Case Number: 6:21-cv-00307

Judge: Gerald L. Jackson

Court: United States District Court for the Eastern District of Oklahoma (Muskogee County)

Plaintiff's Attorney:

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Defendant's Attorney: Alexander J. Sisemore, et al.

Description:

Muskogee, Oklahoma Federal Tort Claims Act auto negligence car wreck lawyers represented the Plaintiff.

The undisputed facts relevant to the pending motions reflect that around 8:43 p.m. on December 14, 2019, Plaintiffs and Deputy Clinton had an automobile collision. Plaintiff Gwendolyn Proctor was driving northbound on Stick Ross Mountain Road in Tahlequah, Oklahoma with her husband in the front passenger seat. As she went through the intersection at the Highway 51 spur, controlled by a four-way traffic light, Deputy Clinton was driving west on Highway 51 spur in his patrol unit and his vehicle collided with Plaintiffs' vehicle. See Docket Nos. 49, p. 3, ¶¶ 1-5; 59, p. 2, ¶¶ 1-4.

Deputy Clinton had been on duty that day, from 8:12 a.m. to 6:05 p.m. While he was still on duty, Deputy Clinton picked up two friends in his patrol unit, Wade Smittle and Philipe Ayala. He took a lunch break at 5:11 p.m., then returned to his shift at 6:05 p.m. and immediately went “off duty” at 6:05 p.m. following his return to shift. There are no facts as to whether Smittle and Ayala remained in Deputy Clinton's patrol unit until he went off duty, but the undisputed facts reflect that after Deputy Clinton went off duty he drove his patrol unit to Northeastern State University (“NSU”), with Smittle and Ayala, to play basketball with CNMS Sergeant Tony Asbill and CNMS Deputy Erik Fuson. Despite being on duty, neither Asbill nor Fuson were in uniform. See Docket Nos. 49, pp. 3-4, ¶¶ 6-11; 59, pp. 2-3, ¶¶ 5-11.

At 8:07 p.m., CNMS dispatch came over Deputy Fuson's radio requesting a license plate check of a suspicious vehicle at a youth shelter. Deputy Clinton requested permission to go on duty, and Sergeant Asbill cleared him to respond to the call from dispatch. Deputy Clinton went on duty at 8:10 p.m. and was officially dispatched at 8:17 p.m. Deputy Clinton left the NSU gym with Ayala and Smittle and responded to the call, clearing it at 8:32 p.m. At 8:30 p.m. a call for a robbery in progress came in through the CNMS dispatch and was assigned to Deputy Fuson. Deputy Clinton again asked if he needed to cover the robbery call since neither Sergeant Asbill nor Deputy Fuson had donned their uniforms despite being on duty, and Deputy Clinton was assigned the call at 8:32 p.m. See Docket Nos. 49, pp. 4-5, ¶¶ 10-12, 15-16; 59, p. 3, ¶¶ 12-19, 22. Because Ayala and Smittle were still in Deputy Clinton's patrol unit, he decided to return them to his apartment before going to the scene of the robbery in progress, but his apartment was not in the path from the youth shelter to the robbery call. Deputy Clinton would have turned eastbound by Highway 51 Spur to respond directly to the robbery call, but he was driving westbound on Highway 51 Spur at the time of the collision. He later testified that he did not need to retrieve anything from his apartment for the robbery call, and that he could have left his friends at the youth shelter or other place along the route instead of taking them to his apartment. As he was driving, Deputy Clinton activated his lights and sirens and was driving westbound on Highway 51 spur in the direction of his apartment (rather than the direction of the robbery call) when he went through the intersection at Stick Ross Mountain Road during a red light and his patrol unit collided with Plaintiffs' vehicle. See Docket Nos. 49, pp. 5-6, ¶¶ 19-20; 59, pp. 46, ¶¶ 23-24, 27, 30-32, 40, 4243. A CNMS investigation revealed that CNMS learned after the collision that Deputy Clinton's friends had been in the vehicle that evening and at the time of the accident. See Docket No. 59, p. 4, ¶ 26 & Ex. 5.

Outcome: JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT by Magistrate Judge Gerald L. Jackson administratively closing the case. (case terminated) (pmb, Deputy Clerk) (Entered: 10/18/2024)

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