Date: 10-29-2024

Case Style:

Ashley Myers v Turn Key Health Clinic, LLC, et al.

Case Number: 4:22-CV-119

Judge: John D. Russell

Court: United States District Court for the Northern District of Oklahoma (Tulsa County)

Plaintiff's Attorney:

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Defendant's Attorney: Emily Wilson and Thomas Adrian LeBlanc

Description:

Tulsa, Oklahoma prisoner civil rights personal injury lawyers represented the Plaintiffs.

Myers v. Turn Key Health Clinic, LLC
22-cv-119-JDR-JFJ (N.D. Okla. Aug. 30, 2024)

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"In an emergency, seconds count; it is only when the emergency is over that a court is tasked with counting seconds. That is the Court's unenviable job following the tragic death of Lori Gayle Tedder, who went into cardiac arrest while detained at the Rogers County Jail. Ms. Tedder's representatives, Plaintiffs Ashley Myers and Courtney Vaughn, claim that jail nurse Kylee Foster was not only negligent but also deliberately indifferent to Ms. Tedder's medical needs, giving rise to liability under both Oklahoma common law and 42 U.S.C. § 1983. Dkt. 21. Plaintiffs further claim that Defendant Turn Key Health Clinics, LLC is liable for Ms. Tedder's death under Monell v. Department of Social Services of the City of New York, 436 U.S. 658 (1978), and is liable for negligence under Oklahoma law. Defendants have moved for summary judgment on each of Plaintiffs' claims. Dkts. 92, 93. For the reasons set forth below, Defendants' motions are GRANTED with respect to Plaintiffs' federal claims. The Court DECLINES JURISDICTION over the remaining state-law claims."
PAGE 2
"Assuming, without deciding, that Plaintiffs have alleged a Monell claim based upon Nurse Moore's purportedly deficient intake practices, the Court finds no support for the proposition that Nurse Moore was subjectively aware that Ms. Tedder faced a substantial risk of suffering the harm alleged in this case. Even if Nurse Moore was generally that Ms. Tedder may have been in the middle of a mental health episode, the facts do not establish that she was subjectively aware that Ms. Tedder was at risk of the specific harm of death resulting from use of force. Estate of Hocker ex rel. Hocker v. Walsh, 22 F.3d 995, 1000 (10th Cir. 1995) (rejecting contention that an officer's knowledge of an inmate's intoxication could confer knowledge that the inmate was a suicide risk and concluding that plaintiffs must establish knowledge of “the specific risk” of the harm that ultimately resulted). And there is no evidence of record that would permit a jury to conclude that Ms. Tedder faced a substantial risk of becoming involved in a use-of-force scenario, suffering cardiac arrest, and dying. Cf. Barrie v. Grand County, 119 F.3d 862, 868-69 (10th Cir… "

Outcome: Pre-trial conference held.

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Defendant's Experts:

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