Whitten v. McCurtain County Jail Trust
6:24-cv-00229
| E.D. Okla. | Jun 13, 2025Background
- Plaintiff Marion Allen Whitten, Jr. alleged constitutional violations under 42 U.S.C. § 1983 stemming from incidents during his incarceration at McCurtain County Jail.
- Two alleged incidents form the basis for claims: a January 2022 physical altercation with former jailer Joe Ebert, and an April 2022 incident involving another jailer.
- Plaintiff asserted multiple claims, including excessive force and deliberate indifference, naming Ebert in both incidents despite Ebert's employment ending after January 2022.
- Ebert moved for partial dismissal, arguing Plaintiff failed to state claims related to events after his employment and failed to adequately plead harm for deliberate indifference claims.
- Plaintiff conceded Ebert should not be liable for the April 2022 incident but argued sufficient facts supported the January 2022 deliberate indifference claim.
- The Court found Plaintiff's pleading lacked factual specificity regarding injuries and Ebert's role, and recommended granting Ebert's motion to dismiss several claims, including deliberate indifference, and denied leave to amend.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Deliberate indifference to medical needs (Count IV) | Sufficiently pled that Ebert's assault necessitated and was denied care | Fails to identify specific injury attributable to Ebert or harm from lack of care | Dismissed; did not state a claim with required specificity |
| Claims as to April 2022 incident | Not maintaining claims against Ebert for April event | Ebert not liable; not employed during April incident | Dismissed as conceded |
| Failure to intervene (Count II) | No specific objection, Ebert could not intervene against himself | Illogical for Ebert to intervene in his own alleged force usage | Dismissed |
| Leave to amend | Requests further amendment if dismissed | Repeated failed amendments warrant denying further leave | Leave to amend denied |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (sets plausibility standard for pleading under Rule 8(a))
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) (requires more than labels/conclusions for plausible claim)
- Monell v. Dep't of Soc. Servs., 436 U.S. 658 (1978) (establishes municipal liability under § 1983)
- Farmer v. Brennan, 511 U.S. 825 (1994) (deliberate indifference standard for inmate treatment)