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Case Number: 23-CV-22
Judge: Stephen P. Friot
Court: United States District Court for the Western District of Oklahoma (Oklahoma County)
Defendant's Attorney: Raegan D. Sifferman, Aaron C. Etherington, Carri A. Remillard, Rodney J. Heggy
Description: Oklahoma City, Oklahoma personal injury lawyer represented Plaintiff who sued Defendants on civil rights violation theories under 42 U.S.C. 1983.
Plaintiff Stoney M. Currin, II brought this action pursuant to 42 U.S.C. § 1983, alleging that while a pretrial detainee at the Oklahoma County Detention Center, he was subjected to excessive use of force by one or more detention officers in violation of the Eighth and Fourteenth Amendments to the United States Constitution. Currin claimed that the acts of excessive force-being struck in the head with great force while shackled and effectively subdued and posing no threat- were causally connected to customs, practices and policies of Oklahoma County Criminal Justice Authority and Oklahoma County. As a result of those alleged customs, practices and policies, Currin asserts he suffered severe and debilitating injuries for which he seeks to recover compensatory damages under § 1983.
Defendant Oklahoma County Criminal Justice Authority (OCCJA) has filed a motion, under Rule 12(b)(6), Fed. R. Civ. P., seeking to dismiss Currin's § 1983 action, arguing that even though it is a distinct legal entity, it is not an entity recognized under Oklahoma law as having the capacity to be sued, and even if it was an entity having the capacity to be sued, Currin's complaint fails to state a plausible claim of municipal liability for which relief may be granted.
Outcome: Motion to dismiss denied.