4:23-cv-00209
N.D. Okla.Sep 12, 2025Background
- On May 29, 2022, Skiatook Officer Leianne Richards pursued Michael McKee after observing (by radar) alleged speeding in a residential zone; McKee fled and the pursuit reached speeds >100 mph into Tulsa.
- Pursuit continued past Highway 64 despite a supervisor’s instruction to terminate; both entered a closed construction zone on Peoria Avenue where barricades and signs indicated the road/bridge were out.
- Richards’ patrol car struck a semi-trailer (per her account), lost sight of McKee, then collided with McKee’s motorcycle as McKee slowed; McKee was thrown, fatally injured, and died at the scene.
- Parties dispute intent: Richards maintains the collision was accidental and she braked/steered to avoid the trailer; Plaintiff contends evidence (acceleration, proximity, lack of skid marks, inconsistent statements) permits a jury finding that Richards intentionally struck McKee to end the pursuit.
- Plaintiff sued Richards and the City under § 1983 (illegal arrest, excessive force/Fourth Amendment, Monell failure-to-train/supervise/ratify) and a state-law assault/battery claim; Defendants moved for summary judgment.
- The Court found factual dispute on intent (so a seizure could be found) but granted qualified immunity to Richards on federal claims and granted summary judgment to the City on municipal claims; the Court declined supplemental jurisdiction over the remaining state-law assault claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Illegal arrest under § 1983 | Richards arrested McKee (or seized him) unlawfully when she struck him to effect an arrest | Richards had probable cause to stop/arrest McKee for traffic offenses; no separate unlawful-arrest evidence | Summary judgment for Richards — Plaintiff failed to show lack of probable cause or clearly established law forbidding the arrest |
| Excessive force (Fourth Amendment) / qualified immunity | Hitting McKee with a patrol car was an unreasonable, potentially deadly use of force; evidence supports intentional seizure | Collision was accidental; even if intentional, law was not clearly established that ramming a fleeing motorcycle under these facts was unconstitutional | Qualified immunity granted — disputed intent left to jury, but Plaintiff failed to show clearly established law putting Richards on notice |
| Deliberate indifference (Fourteenth Amendment) | Richards was deliberately indifferent to McKee’s safety—akin to purposeful harm during a pursuit | Due process/deliberate-indifference claims in chase cases require intent to harm; no clearly established law here | Summary judgment for Richards — claim foreclosed absent intent and no clearly established law shown |
| Monell municipal liability (policy, training, ratification) | City policies/practices (allowing TVIs/ramming, permitting pursuits outside city) and failure to train/supervise or discipline caused violation | City policies restrict ramming/TVIs, require training; no pattern of prior similar constitutional violations; City disciplined Richards | Summary judgment for City — Plaintiff failed to show policy/custom caused injury or deliberate indifference; ratification not established |
Key Cases Cited
- Brower v. County of Inyo, 489 U.S. 593 (intent necessary for Fourth Amendment seizure)
- County of Sacramento v. Lewis, 523 U.S. 833 (high-speed pursuits and due-process deliberate-indifference standard requires intent to harm)
- Whren v. United States, 517 U.S. 806 (probable cause for traffic stop makes stop reasonable)
- Monell v. Department of Social Services, 436 U.S. 658 (municipal liability requires an official policy or custom causing the violation)
- Scott v. Harris, 550 U.S. 372 (ramming a fleeing vehicle can be reasonable when suspect poses significant risk to public)
- White v. Pauly, 580 U.S. 73 (qualified-immunity standard requires particularized precedent)
- Cordova v. Aragon, 569 F.3d 1183 (risk posed by reckless driving and analysis of deadly force spectrum)
- Reavis (Estate of Coale) v. Frost, 967 F.3d 978 (use of deadly force against fleeing drivers; jury could find unlawfulness where no immediate threat)
- Morrow v. Meachum, 917 F.3d 870 (federal circuit decision on ramming/rolling-blocks against motorcycles and qualified immunity)
- Connick v. Thompson, 563 U.S. 51 (municipal failure-to-train standard: deliberate indifference required)