Defendant's Attorney: Emily Wilson, et al.

Description: Tulsa, Oklahoma personal injury lawyers represented Plaintiff, who sued Defendants on civil rights violation theories under 42 U.S.C. 1983, which provides:

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.


Plaintiff brought this action, pursuant to 42 U.S.C. §1983. Plaintiff alleged that on the afternoon of March 13, 2020, Deputy Cheyenne Lee (“Deputy Lee” or “Lee”) entered the home of Plaintiff's decedent, Jorge Martinez (“Martinez”), “without warrant, consent, or justification, under the pretext of performing a welfare check on Martinez's children.” Complaint ¶ 17. Plaintiff claims that after illegally entering her home, Deputy Lee confronted Martinez and when Martinez objected to Deputy Lee's presence, Deputy Lee proceeded to arrest Martinez. Deputy Lee then allegedly took Martinez to the ground and shot him resulting in Martinez's death.

Defendants, however, alleged the following: Deputy Lee was faced with a life-threatening situation when he shot Martinez during an intense and violent struggle. Per the directions of a Rogers County Judge, Lee was on Martinez's premises (with the consent of his mother) to serve a protective order, due to allegations of domestic violence made by Sara Chapa. (“Chapa”). When Lee approached Martinez with the protective order, Martinez immediately cursed and threatened Deputy Lee and became aggressive and confrontational. Lee first attempted to calm Martinez and then attempted to arrest Martinez for making threats of violence. But Martinez actively resisted, and engaged in hostile and aggressive fighting with Lee. At one point, Lee reasonably believed Martinez was attempting to get a gun during the struggle and, at another point, Martinez's mother prevented Lee from obtaining access to his radio to call for help. Ultimately, Martinez escaped Lee's grasp, and began assaulting and battering Lee in the back room of the house, causing Lee to black-out and urinate on himself. During the struggle and in fear for his life, Lee managed to unholster his gun and fired a single shot striking Martinez in the chest.

Outcome: 09/27/2022 74 BILL OF COSTS by Board of County Commissioners of Rogers County, The, Cheyenne Lee (LeBlanc, Thomas) (Entered: 09/27/2022)
09/27/2022 75 BRIEF in Support of Bill of Costs (Re: 74 Bill of Costs ) by Board of County Commissioners of Rogers County, The, Cheyenne Lee (With attachments) (LeBlanc, Thomas) (Entered: 09/27/2022)

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Defendant's Experts:

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