Posted in Uncategorized on April 5, 2012
In an Order filed April 5th, the Court held that Bosh presented a plausible claim against the CCGBA under the Oklahoma Constitution based upon recent decisions from the Oklahoma Court of Civil Appeals. The Court further agreed that Bosh may add a federal civil rights claim against the CCGBA for policies or practices that violate federal law.
The Court agreed that the CCGBA would not be prejudiced by allowing Bosh to add the claims.
In the same Order, the Court dismissed Bosh’s tort claim against the CCGBA, stating that it enjoys broad sweeping immunity under state law for virtually anything that happens within the four walls of the facility.
Bosh had argued that such a broad interpretation would permit jailers to abuse arrestees in any way and for any reason without any means of holding them accountable under state law.
Bosh had asked the federal court to certify the question of state law to the Oklahoma Supreme Court for its opinion on the matter, but the Court declined to do so.
Disclaimer: Bryan & Terrill represents Mr. Bosh in the matter