Bonilla v. Gerlach
5:23-cv-01060
| W.D. Okla. | Feb 6, 2024Background
- Mario Jasso Bonilla, a pretrial detainee at Grady County Jail, suffered injuries from falling down stairs and died after allegedly being denied adequate medical care.
- Plaintiff, as Bonilla's estate representative, brings Fourteenth Amendment and state law claims against jail officials, healthcare providers (Turn Key), the Grady County Criminal Justice Authority (GCCJA), and the Board of County Commissioners.
- Plaintiff alleges Defendants acted with deliberate indifference to Bonilla's serious medical needs, resulting in his death.
- Defendants moved to dismiss all claims under Fed. R. Civ. P. 12(b)(6), arguing lack of liability, immunity under the Oklahoma Governmental Tort Claims Act (OGTCA), and insufficient allegations.
- The motions consider both federal constitutional claims and state law negligence claims, with issues of party liability and immunity central to the decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Immunity of GCCJA under OGTCA for negligence | § 153.1 abrogates immunity for public trusts housing federal inmates | § 153.1 does not override § 155(25) jail operation immunity | No dismissal; immunity not clear-cut |
| Liability of Sheriff & County as policymakers | Sheriff/Board retain policymaker role & can be liable | Creation of GCCJA removes county/sheriff from jail liability | No dismissal; plausible policymaker role |
| Turn Key 14th Amend. claim (municipal liab.) | Turn Key staff denied care; policies/customs caused violation | No specific conduct, no custom/policy as moving force | No dismissal; plausible allegations |
| Turn Key immunity under OGTCA | Turn Key not clearly immune at pleading stage per prior circuit ruling | Healthcare contractors immune as OGTCA employees (citing Barrios) | No dismissal; immunity premature |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (pleading standard for facial plausibility in civil actions)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (establishing plausibility standard for motions to dismiss)
- Lopez v. LeMaster, 172 F.3d 756 (county liability may attach if sheriff is final policymaker)