Opinion

Buckner v. Sallisaw, City of

Court
District Court, E.D. Oklahoma
Filed
Mar 31, 2025
Cited by
0 cases
Authority
More cited than 34.7%

The opinion

IN THE UNITED STATES DISTRICT COURT FOR THE

EASTERN DISTRICT OF OKLAHOMA

WILLIAM SEAN BUCKNER, )

)

Plaintiff, )

)

v. ) Case No. CIV-22-146-JAR

)

CITY OF SALLISAW, OKLAHOMA; )

LT. HOUSTON MURRAY, )

individually; and )

CHIEF OF POLICE TERRY FRANKLIN, )

individually, )

)

Defendants. )

OPINION AND ORDER

This matter comes before the Court on Plaintiff’s Motion to Alter

or Amend Opinion and Order and Judgment Pursuant to FRCP Rule 59 (Docket

Entry No. 98). On April 29, 2024, this Court entered an Opinion and

Order granting the summary judgment motions filed by Defendants Houston

Murray, City of Sallisaw and Terry Franklin (Docket Entry No. 92).

Plaintiff brings this Motion in accordance with Fed. R. Civ. P.

59(e). After a court enters a final judgment, Rule 59(e) provides a

mechanism for a party aggrieved by the judgment to move the Court to

alter or amend that judgment. See Castanon v. Cathey, 976 F.3d 1136,

1140–41 (10th Cir. 2020). Relief under Rule 59(e) is available only

under limited circumstances, typically only when the moving party can

establish one of three grounds: (1) an intervening change in controlling

law, (2) new evidence previously unavailable, or (3) the need to correct

clear error or prevent manifest injustice. Servants of Paraclete v. Does,

204 F.3d 1005, 1012 (10th Cir. 2000).

While Rule 59(e) grants district courts the “chance to rectify

[their] own mistakes immediately after [the] decision,” Banister v.

Davis, 590 U.S. 504, 508 (2020) (internal quotation marks omitted),

granting a Rule 59(e) motion is strictly limited to cases where the

district court “misapprehended the facts, a party's position, or the

controlling law.” Servants of Paraclete, 204 F.3d at 1012. Rule 59(e)

motions are not opportunities to relitigate issues already decided. They

cannot be used to introduce new legal theories, arguments, or evidence

that could have been presented before judgment. See Exxon Shipping Co.

v. Baker, 554 U.S. 471, 486 n.5 (2008) (citation omitted).

Plaintiff first asserts that Defendant Murray’s claim for qualified

immunity is somehow nullified by the fact Plaintiff complied with the

Oklahoma Governmental Tort Claims Act. Plaintiff had every opportunity

to raise this issue in response to Murray’s summary judgment motion but

failed to do so in his four-page response. Additionally, Plaintiff’s

legal basis is not correct – either legally or logically. Nothing in

the Oklahoma Governmental Tort Claims Act can alter Murray’s federal

right to qualified immunity. This assertion for altering the judgment

is denied.

Plaintiff also attaches a series of documents to his Rule 59 motion

ostensibly demonstrating that Murray received a bad conduct discharge

from the military and a Declaration of Gary S. Barthel, a former judge

advocate for the United States Marine Corps, who attests that Murray’s

activities constituted a felony. Plaintiff then, as the argument goes,

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proceeds to contend that Murray was disqualified from acting as a law

enforcement officer in the State of Oklahoma. Glaringly omitted from

Plaintiff’s Motion is any justification for providing this information

for the first time in a Rule 59 motion. Beyond questions of

admissibility and introducing a previously undisclosed alleged expert

witness for the first time at this late hour is the legal bar to the

consideration of this new evidence. Clearly, this evidence was

available to Plaintiff to utilize in a response to Murray’s summary

judgment and was not provided. Indeed, Plaintiff’s response largely did

not contest the material facts alleged by Defendants. The use of this

information is completely improper and will not be considered.

Having presented no legally recognized basis for granting relief

under Rule 59, Plaintiff’s motion will be denied in toto.

IT IS THEREFORE ORDERED that Plaintiff’s Motion to Alter or Amend

Opinion and Order and Judgment Pursuant to FRCP Rule 59 (Docket Entry

No. 98) is hereby DENIED.

IT IS SO ORDERED this 31st day of March, 2025.

______________________________

JASON A. ROBERTSON

UNITED STATES MAGISTRATE JUDGE

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