ROWELL v. BD. OF COUNTY COMMISSIONERS OF MUSKOGEE COUNTY, 2021 OK CIV APP 7

Opinion:ROWELL v. BD. OF COUNTY COMMISSIONERS OF MUSKOGEE COUNTY, 2021 OK CIV APP 7
Subject matter:Oklahoma Governmental Tort Claims Act
Date Decided:August 13, 2020 (Division III)
Trial Court:Muskogee County (J. Stout)
Route to this Court:Appeal of Motion to Dismiss in trial court
Facts:Mr. Rowell, a pretrial detainee, died as a result of injuries sustained in a fall while being moved about the Muskogee County jail. Mr. Rowell’s estate brought suit in federal court. The federal court, after disposing of other claims, remanded the only remaining claim, one for excessive force premised upon Article 2, Section 30 of Oklahoma’s Constitution (a Bosh claim), to the District Court of Muskogee County. The trial court dismissed the claim on the County’s motion pursuant to 51 O.S. §155(25) of the Oklahoma Governmental Tort Claims Act (the “OGTCA”).
Standard of Review:De novo
Analysis:Appellant’s Bosh claim is subject to the OGTCA for all claims accruing after the 2014 amendments to that statute. The §155(25) exception applies to immunize the county from liability for the claims in this case- a tort suit arising out of the “operation or maintenance of any prison, jail, or correctional facility.” Barrios v. Haskell Cty. Pub. Facilities Auth., 2018 OK 90, and other decisions of the Oklahoma Supreme Court broadly apply the OGTCA to tort claims of inmates brought under the Oklahoma Constitution.   
Outcome:Affirmed. Opinion by J. Bay Mitchell; J. Swinton and J. Goree concur. 
Vote:Opinion by J. Bay Mitchell; J. Swinton and J. Goree concur.
Other: Petition for Certiorari denied by a vote of 5-3.