Defendant's Attorney: Gerald M. Bender, Jeffrey Calvin Hendrickson, Kristina L Gray, Randall J Wood, Robert Stevens Lafferrandre, Braden Mark Hoffmann

Description: Tulsa, Oklahoma personal injury lawyers represented Plaintiff, who sued Defendants on civil rights violation theories.

Plaintiff sued as Special Administrator of the Estate of Joshua Wayne Harvey.

This case was filed in the Tulsa County Dist Ct, CJ-20-01518, and was removed to federal court by Defendants.

Whether the requirements of a 42 U.S.C. § 1983 excessive force claim brought by a
plaintiff who was a pretrial detainee at the time of the incident are satisfied by a showing that
the state actor deliberately used force against the pretrial detainee and the use of force was
objectively unreasonable.

Civil rights violations by government officials can occur in many situations, but police misconduct may be the most familiar. Concerns over excessive force by police have mounted in recent years. Excessive force violates the Fourth Amendment of the US Constitution, which forbids unreasonable searches and seizures by law enforcement. Victims of excessive force by police can pursue a Section 1983 claim against the officer and potentially their employer. Section 1983 is a federal law (42 USC Section 1983) that allows citizens to hold state or local government officials liable for civil rights violations perpetrated while they are acting under color of law. Federal law enforcement officers may be sued in a Bivens action, which is a similar type of claim established by a US Supreme Court decision rather than a statute.

Outcome: 06/03/2022 101 ORDER by Chief Judge John F Heil, III ; granting 70 Motion for Miscellaneous Relief (Re: 70 Joint MOTION for Court Approval of Confidential Settlement Distribution to Wrongful Death Beneficiaries , 92 MOTION Set Hearing for Apportionment of Settlement Proceeds, Approving Amount of Attorney Fees and Costs, and Establishing Trust for Minor Child ) (pll, Dpty Clk) (Entered: 06/03/2022)
06/03/2022 102 JUDGMENT by Chief Judge John F Heil, III ; entering judgment in favor of plaintiff against City of Tulsa (terminates case) ; granting 98 Motion for Judgment (pll, Dpty Clk) (Entered: 06/03/2022)
06/03/2022 ***Civil Case Terminated (see document number 102 ) (sc, Dpty Clk) (Entered: 06/06/2022)

Plaintiff's Experts:

Defendant's Experts:

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