HOWARD v. GRADY COUNTY CRIMINAL JUSTICE AUTHORITY
2017 OK CIV APP 7
Okla. Civ. App.2016Background
- James Payne was an inmate at the Grady County Detention Center who was assaulted by another inmate, Joseph Branom, fell, fractured his skull, and later died.
- Beverly Howard (next friend of Payne) sued Grady County Criminal Justice Authority (GCCJA), alleging jail staff failed to properly administer Branom's psychotropic medication, enabling medication trading and leaving Branom unmedicated or quasi‑medicated, which increased his propensity for violence and led to Payne's death.
- Howard pleaded a constitutional claim under Okla. Const. art. II, § 7 (due process), asserting GCCJA liability for creating a dangerous condition that deprived Payne of life without due process.
- GCCJA moved to dismiss for failure to state a claim, arguing no private cause of action exists under Article II, § 7; trial court granted the motion and Howard appealed.
- The Court of Civil Appeals assumed, without deciding, that a private cause of action under Article II, § 7 might exist but held Howard failed to plead facts showing GCCJA was deliberately indifferent to a substantial risk of serious harm to Payne.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Article II, § 7 supplies a private cause of action for due process violations | Bosh's rationale should be applied broadly; a constitutional remedy exists when OGTCA does not provide relief | No recognized private right for due process violations; Legislature has not created one and Bosh was limited | Court assumed arguendo such a cause of action might exist but did not decide the question |
| Whether Howard pleaded facts sufficient to state a due‑process (failure‑to‑protect/inmate safety) claim | Alleged failures to administer psychotropic meds and resulting medication trading created a dangerous condition, causing Payne's death | Petition lacks facts showing a substantial risk to Payne or that GCCJA knew of and disregarded such risk | Dismissal affirmed: petition fails to allege deliberate indifference or that staff knew Branom posed a substantial risk to Payne |
Key Cases Cited
- Bosh v. Cherokee County Governmental Building Authority, 305 P.3d 994 (Okla. 2013) (recognized private cause of action for excessive force under Okla. Const. art. II, § 30 when OGTCA provides no remedy)
- Washington v. Barry, 55 P.3d 1036 (Okla. 2002) (constitutional remedy for excessive force where statutory tort claims barred by OGTCA)
- Perry v. City of Norman, 341 P.3d 689 (Okla. 2014) (limits Bosh by holding Bosh claims cannot be brought against a governmental entity when OGTCA provides a remedy)
- GJA v. Oklahoma Dep't of Human Services, 347 P.3d 310 (Okla. Civ. App. 2015) (held Bosh extends beyond its facts and recognized a private cause of action for due process in that context, but applied gatekeeper analysis and found pleadings insufficient)
- Farmer v. Brennan, 511 U.S. 825 (U.S. 1994) (Eighth Amendment standard for failure‑to‑protect: objective substantial risk + deliberate indifference)
- Fanning v. Brown, 85 P.3d 841 (Okla. 2004) (standard of review for dismissal for failure to state a claim)