# Foreman v. Oklahoma County Sheriff

> District Court, W.D. Oklahoma · March 16, 2022

URL: https://www.frixlaw.com/law-library/cases/10389482

## Case

- **Court:** District Court, W.D. Oklahoma
- **Decided:** March 16, 2022
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10389482

## Opinion text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10389482. Public record. Not legal advice.