Opinion

Normali v. Seminole County Board of County Commissioners

Court
District Court, E.D. Oklahoma
Filed
Dec 5, 2024
Cited by
0 cases
Authority
More cited than 33.2%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF OKLAHOMA

SHAWNA NORMALI, as Personal )

Representative of the Estate of Lena )

Corona, Deceased, )

)

Plaintiff, )

)

v. ) Case No. 24-CV-257-JFH-GLJ

)

DEFENDANT SEMINOLE COUNTY )

BOARD OF COMMISSIONERS; et al., )

)

Defendants. )

OPINION AND ORDER

Before the Court is Plaintiffs’ Motion to Amend Complaint [Docket No. 57] and

Plaintiff’s Second Motion to Amend Complaint [Docket No. 61]. Plaintiff Shawna

Normali, as personal representative of the estate of Lena Corona, brought this civil rights

action pursuant to 42 U.S.C. § 1983. [Docket No. 2]. On September 6, 2024, the Court

referred this case to the undersigned Magistrate Judge for all further proceedings in

accordance with jurisdiction pursuant to 28 U.S.C. § 636 [Docket No. 47]. For the reasons

stated below Plaintiffs’ Motion to Amend Complaint [Docket No. 57] is DENIED AS

MOOT and Plaintiff’s Second Motion to Amend Complaint [Docket No. 61] is

GRANTED.

BACKGROUND

Based on the allegations contained in the proposed amended complaint, as attached,

to Plaintiff’s Second Motion for to Amend Complaint [Docket No. 61-1], on or about July

10, 2023, Lena Corona, stabbed her father while she was in a state of psychosis. Docket

No. 61-1, p. 5. Ms. Corona was subsequently transported to Seminole Hospital and later

discharged and relocated to the Seminole County Jail. Docket No. 61-1, p. 6. After arriving

at the jail, Racheal Smith, LPN, (“Nurse Smith”) initiated a mental health intake

assessment, but, after Ms. Corona became uncooperative, Nurse Smith terminated the

assessment early stating “I don’t do crazy.” Id. at p. 7-9. The partially completed intake

form indicated that Ms. Corona showed signs of irritability, had difficulties focusing, and

was experiencing auditory and visual hallucinations. Id. The intake form also indicated that

Ms. Corona reported she was diagnosed with “Bipolar I” disorder, had taken mental health

medication, and engaged in a suicide attempt at least one year earlier. Id. at p. 7. Ms.

Corona was initially placed in the “cell up front by control” but not placed on suicide watch.

Id. at pp. 7-10. Following the initial assessment, jail staff prevented Nurse Smith from

seeing Ms. Corona on several occasions because she was “combative.” Id. at 11. Ms.

Corona did not receive any further mental health treatment or a referral for treatment. Id.

After one or two days, Ms. Corona was moved to an isolated cell where no site checks were

performed. Docket No. 61-1, pp. 10-13. On July 15, 2023, Ms. Corona fashioned a blanket

into a noose and hanged herself. Docket No. 61-1, pp. 12.

Thereafter, in the fall of 2023, Plaintiff delivered and mailed open record requests

to Anthony Louie, Seminole County Board of County Commissioners (“SCBCC”),

Seminole County Public Building Authority (“SCPBA”) to the attention of Amanda

Windle, and Turn Key Health Clinics, LLC. Docket No. 61-1, pp. 38-40. Anthony Louie

refused to provide video footage on the basis it was not an open record. Docket No. 61-1,

pp. 37-38. Defendant SCBCC did not respond in writing to the request but did provide

accounting ledgers in response. Docket No. 61-1, p. 38-39. SCPBA did not submit a written

response but made available a storage and conference room which contained unrelated

county records. Docket No. 61-1, p. 39-40.

Plaintiff filed her Complaint on July 22, 2024, against (1) SCBCC (2) Anthony

Louie, individually and as the current Sheriff of Seminole County, Oklahoma, (3) SCPBA;

(4) Shannon Smith, individually and as the former Sheriff of Seminole County, Oklahoma;

(5) Turn Key Health Clinics, LLC (“Turn Key”); and (6) Amanda Windle, individually and

as Seminole County, Oklahoma Sheriff’s Deputy and Administrator of the Seminole

County Jail. Docket No. 2, p. 1. Plaintiff alleges two causes of action. One against all

Defendants, except for Anthony Louie, pursuant to 42 U.S.C. 42 U.S.C. § 1983 for

wrongful death, and one against Defendants SCBCC, SCPBA, Louie, and Windle for

violating the Oklahoma Open Records Act. Docket No. 2, pp. 28, 33. Defendant SCBCC

filed a partial motion to dismiss, and Defendants Louie, SCPBA, and Turn Key filed

motions to dismiss. Docket Nos.

Plaintiff moves to amend her Complaint to add Racheal Smith, LPN, as a defendant,

two new causes of action, and additional factual averments.1 Docket Nos. 57-1, 61-1.

Defendants Louie, Turn Key, SCBCC, and SCPBA oppose Plaintiff’s proposed

1 Plaintiff has two pending motions to amend. Docket Nos. 57 & 61. Plaintiff’s Second Motion to

Amend [Docket No. 61] appears to include all of the proposed changes in Plaintiff’s Motion to

Amend Complaint [Docket No. 57]. Accordingly, the Court only addresses whether Plaintiff

should be permitted to file the proposed amended complaint as attached to its Second Motion to

Amend Complaint.

amendment on the basis that amendment is futile because the proposed amended complaint

is still deficient for the reasons stated in their pending motions to dismiss. Docket Nos. 60,

63, 64. The Court finds that amendment is not futile and grants Plaintiff leave to amend.

ANALYSIS

“Rule 15(a) provides that leave to amend ‘shall be freely given when justice so

requires.’ Refusing leave to amend is generally only justified upon a showing of undue

delay, undue prejudice to the opposing party, bad faith or dilatory motive, failure to cure

deficiencies by amendments previously allowed or futility of amendment.” Frank v. U.S.

West Inc., 3 F.3d 1357, 1365 (10th Cir. 1993) (quoting Fed. R. Civ. P. 15(a)). “A court

properly may deny a motion for leave to amend as futile when the proposed amended

complaint would be subject to dismissal for any reason.” Bauchman for Bauchman v. W.

High Sch., 132 F.3d 542, 562 (10th Cir. 1998). “The party opposing the amendment has

the burden to show the basis for the denial.” U.S. Bank Nat’l Assoc. v. Multi Serv. Corp.,

2015 WL 9272846, at *2 (D. Kan. Dec. 1, 2015).

Since Defendants maintain granting Plaintiff leave to amend is futile, the standards

pertaining to motions to dismiss are also pertinent here. In reviewing a motion to dismiss,

the Court “assume[s] the truth of all well-pleaded facts in the complaint,” and construes all

reasonable inferences in the light most favorable to the Plaintiff. Western Watersheds

Project v. Michael, 869 F.3d 1189, 1193 (10th Cir. 2017). A complaint must contain “a

short and plain statement of the claims showing that the pleader is entitled to relief[.]” Fed.

R. Civ. P. (8)(a)(2). Although detailed factual allegations are not required, the statement of

the claim under Rule 8(a)(2) must be “more than an unadorned, the defendant-unlawfully-

harmed-me accusation.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Bell Atl. Corp.,

v. Twombly, 550 U.S. 544, 555 (2007)). “A pleading that offers ‘labels and conclusions’ or

a ‘formulaic recitation of the elements of a cause of action will not do.’ Nor does a

complaint suffice if it tenders ‘naked assertions’ devoid of ‘further factual enhancement.’”

Iqbal, 556 U.S. at 678 (quoting Twombly, 550 U.S. at 577.).

After reviewing the futility arguments raised by Defendants, the Court finds that the

proposed amended complaint is not so patently deficient that amendment is clearly futile.2

Zisumbo v. Convergys Corp., 2019 WL 1170766, at *5 (D. Utah Mar. 13, 2019) (“When

amendments raise colorable claims, especially where they are based upon disputed facts,

they should be allowed, and a comprehensive legal analysis deferred to subsequent motions

to dismiss or for summary judgment.”) (internal quotations omitted); Zell v. Klingelhafer,

2014 WL 12656101, at *2 (S.D. Ohio Dec. 3, 2013) (“A Court will not ordinarily consider

the merits of a proposed amended complaint in ruling on a motion for leave to amend unless

it appears to be frivolous. Normally, the merits . . . are best resolved through a motion to

dismiss or a motion for summary judgment.”) (internal citations omitted); Caiman E.

Midstream, LLC v. Hall, 2012 WL 2046882, at *2 (N.D.W. Va. June 5, 2012) (“Barring a

showing that the plaintiff’s proposed amendment is obviously frivolous or legally

1 While it does seem unlikely that the information contained in Plaintiff’s proposed amended

complaint would alter whether this Court has supplemental jurisdiction over Plaintiff’s claim

arising under the Oklahoma Open Records Act, it is not so evident that the Court does not have

jurisdiction such that Plaintiff should be denied leave to amend at this juncture. Moreover, the

additional factual averments contained within the proposed amended Complaint may prove useful

in assessing whether Plaintiff’s state and federal claims “derive from a common nucleus of

operative fact.” United Mine Workers of Am. V. Gibbs, 383 U.S. 715, 725 (1966).

insufficient on its face, considerations of the substantive merits of the plaintiff’s claim is

not appropriate when considering a motion for leave to amend.”). Indeed, the Court has yet

to rule on any dispositive motions and, in the interest of judicial economy, the Court

declines to consider Defendants’ pending motions to dismiss before, or in conjunction with

Plaintiff’s Second Motion to Amend as it would be more expedient and efficient to permit

Plaintiff to amend her complaint, and then address whether Plaintiff’s claims are viable

after the Parties have had an opportunity to fully brief the issues in the context of the

forthcoming amended complaint. Accordingly, the Court finds that amendment is not

clearly futile, and Plaintiff is granted leave to amend.

CONCLUSION

For the reasons stated herein, Plaintiff’s Motion to Amend Complaint [Docket No.

57] is DENIED AS MOOT, and Plaintiff’s Second Motion to Amend Complaint [Docket

No. 61] is GRANTED. Plaintiff is directed to file their Amended Complaint, as attached

to Plaintiff’s Second Motion to Amend Complaint [Docket No. 61], within two days, or by

December 9th, 2024.

IT IS SO ORDERED this 5th day of December 2024.

GERALD L. JACKSON

UNITED STATES MAGISTRATE JUDGE

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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