Opinion

Foreman v. Oklahoma County Sheriff

Court
District Court, W.D. Oklahoma
Filed
Mar 16, 2022
Cited by
0 cases
Authority
More cited than 28.6%

The opinion

IN THE UNITED STATES DISTRICT COURT FOR THE

WESTERN DISTRICT OF OKLAHOMA

JA’LEE FOREMAN, JR., DANIEL )

HEDRICK, JOSEPH MITCHELL, )

and JOHN BASCO, )

)

Plaintiffs, )

)

-vs- ) Case No. CIV-21-1062-F

)

OKLAHOMA COUNTY SHERIFF, )

OKLAHOMA COUNTY CRIMINAL )

JUSTICE AUTHORITY, BOARD OF )

COUNTY COMMISSIONERS FOR )

OKLAHOMA COUNTY, )

CHRISTIAN CHARLES MILES, and )

GREGORY CORNELL BUTLER, )

JR., )

)

Defendants. )

ORDER

On March 8, 2022, the court entered an order (doc. no. 24) sua sponte granting

plaintiffs an extension of time until March 15, 2022 to file a response to the Motion

to Dismiss filed by defendant, Oklahoma County Criminal Justice Authority. No

response has been filed.

As it appears from the complaint that plaintiffs’ 42 U.S.C. § 1983 claims are

based upon incidents that occurred more than six months before defendant,

Oklahoma County Criminal Justice Authority, took responsibility for the operation

and management of the Oklahoma County Detention Center, the court concludes

plaintiffs have not sufficiently alleged that their alleged injury is “fairly traceable”

to defendant’s acts. There must be a “substantial likelihood that the defendant’s

conduct caused plaintiff[s’] injury in fact.” See, Habecker v. Town of Estes Park,

Colo., 518 F.3d 1217, 1225 (10 Cir. 2008) (quotation marks and citation omitted).

Therefore, the court concludes that plaintiffs have no standing to pursue their § 1983

claims against defendant.

Accordingly, the Motion to Dismiss by Defendant Oklahoma County

Criminal Justice Authority (doc. no. 15) is GRANTED. Plaintiffs’ complaint and

action against defendant, Oklahoma County Criminal Justice Authority, is

DISMISSED WITHOUT PREJUDICE under Rule 12(b)(1), Fed. R. Civ. P., for

lack of standing.

IT IS SO ORDERED this 16" day of March, 2022.

AL dud

STEPHEN P. FRIOT

UNITED STATES DISTRICT JUDGE

21-1062p006.docx

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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