PERRY v. CITY OF NORMAN
341 P.3d 689
| Okla. | 2014Background
- Perry, after Norman Music Festival, was choke-held by a bicycle police officer and restrained on the ground, causing a neck and arm injury.
- Perry required multiple surgeries and medical procedures for a fractured elbow and related injuries.
- Perry sued the City of Norman, alleging excessive force under art. 2, §30 of the Oklahoma Constitution and vicarious liability via respondeat superior.
- The City moved to dismiss, arguing Bosh v. Cherokee Building Authority does not apply to police, and that an OGTCA claim exists and precludes Bosh relief.
- The trial court dismissed; Perry appealed, and the Supreme Court retained the cause to resolve the governing framework.
- The Court holds that a Bosh-style excessive force claim against a municipality cannot be pursued when an OGTCA claim is available.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Bosh excessive-force claim survives when OGTCA is available | Perry contends Bosh provides a private remedy for excessive force by police. | City asserts OGTCA preempts Bosh and provides exclusive relief. | Bosh claim cannot be brought where OGTCA is available. |
Key Cases Cited
- Bosh v. Cherokee County Governmental Building Authority, 2013 OK 9 (Okla. 2013) (establishes private action for excessive force against government entities; limits when OGTCA applies)
- Washington v. Barry, 2002 OK 45 (Okla. 2002) (private action for excessive force recognized for incarcerated individuals; informs scope of art. 2, §30)
- Nail v. City of Henryetta, 2005 OK 36 (Okla. 2005) (police conduct within scope of employment can implicate OGTCA liability)
- DeCorte v. Robinson, 1998 OK 87 (Okla. 1998) (scope-of-employment analysis under OGTCA for police/officer actions)
- Tuffy's, Inc. v. City of Oklahoma City, 2009 OK 4 (Okla. 2009) (scope of employment and tort-liability considerations under OGTCA)
- Fuller v. Odom, 1987 OK 64 (Okla. 1987) (early scope-of-employment discussion shaping later OGTCA analysis)
- Schovanec v. Archdiocese of Oklahoma City, 2008 OK 70 (Okla. 2008) (scope and immunity considerations in tort claims context)
- Morales v. City of Oklahoma City ex rel. Oklahoma City Police Dept., 2010 OK 9 (Okla. 2010) (OGTCA limitations and police-force liability considerations)
- Vanderpool v. State, 1983 OK 82 (Okla. 1983) (historical shift to allow claims against governmental entities via statute)