SANDERS v. TURN KEY HEALTH CLINICS
2025 OK 19
Okla.2025Background
- Philip Sanders sued Turn Key Health Clinics, alleging wrongful death of his wife, Brenda Jean Sanders, due to inadequate medical care while in Creek County Jail.
- Turn Key, contracted to provide jail medical services, moved to dismiss the suit, arguing immunity under the Oklahoma Governmental Tort Claims Act (GTCA).
- The District Court dismissed the petition but allowed Sanders 30 days to amend. Sanders did not amend, instead appealing the order.
- The Court of Civil Appeals reversed the trial court, but Turn Key sought review by certiorari to the Oklahoma Supreme Court.
- The Oklahoma Supreme Court recast Sanders' appeal as an application for original jurisdiction and a writ of prohibition on the immunity issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Turn Key and its staff are immune under the GTCA as “employees” when providing medical care to inmates | Turn Key is an independent contractor and not a licensed medical professional; GTCA’s "employee" immunity does not cover LLCs or their staff as contractors | Turn Key and its staff are treated as "employees" under the GTCA for immunity purposes when providing contracted medical care to jail inmates | Licensed medical professionals under contract with city, county, or state, including as independent contractors, providing medical care to inmates are “employees” under GTCA and immunized |
| Appellate jurisdiction over interlocutory order granting dismissal with leave to amend | Interlocutory dismissal should be appealable | Order was not final, so appeal was premature | Appeal was premature; Court recast it as a request for original jurisdiction/writ |
| Recasting appeal as original action and denial of writ of prohibition | Should grant relief to prevent enforcement of trial court’s dismissal | No showing of prejudice by recasting; proper for Court to address legal issue directly | Court assumed original jurisdiction and denied writ of prohibition |
| Whether procedural grounds required new briefing or further trial court action | Sanders should be permitted further process | No prejudice; substantive standards and parties’ opportunities already given | No new briefing or process required; recasting appropriate |
Key Cases Cited
- Sullins v. Am. Med. Response of Okla., Inc., 23 P.3d 259 (Okla. 2001) (private contractors with public entities not generally "employees" under GTCA unless statute specifies)
- Brown v. Founders Bank and Trust Co., 890 P.2d 855 (Okla. 1994) (an order granting dismissal with leave to amend is interlocutory and not immediately appealable)
- Barrios v. Haskell County Pub. Facilities Auth., 432 P.3d 233 (Okla. 2018) (staff of jail healthcare contractors are GTCA "employees" for immunity when meeting statutory criteria)
- Frazier v. Bryan Memorial Hosp. Auth., 775 P.2d 281 (Okla. 1989) (appeal may be dismissed if no final judgment is entered)
- Oglesby v. Liberty Mut. Ins. Co., 832 P.2d 834 (Okla. 1992) (appellate courts apply statutes’ plain meaning unless ambiguous)