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Case Name England v. Delaware County Sheriff JC-OK-0009
Docket / Court 4:09-cv-00407-JHP -TLW ( N.D. Okla. )
State/Territory Oklahoma
Case Type(s) Jail Conditions
Case Summary
On June 24, 2009, four individuals previously incarcerated at the Delaware County Jail filed this lawsuit in the United States District Court for the Northern District of Oklahoma. The plaintiffs sued the Sheriff of Delaware County under 42 U.S.C § 1983. The plaintiffs, represented by private ... read more >
On June 24, 2009, four individuals previously incarcerated at the Delaware County Jail filed this lawsuit in the United States District Court for the Northern District of Oklahoma. The plaintiffs sued the Sheriff of Delaware County under 42 U.S.C § 1983. The plaintiffs, represented by private counsel, sought monetary relief for severe emotional distress, psychological damage, and significant pain and suffering, personal humiliation, and degradation. The plaintiffs claimed that the Sheriff failed to properly train, supervise, or control deputies and jailers while they were in charge of female inmates. They alleged that the jailers' negligence and misconduct deprived them of rights under the Fourth and Fourteenth Amendments to be free from unreasonable search and seizure and their rights under the Fifth and Fourteenth Amendments’ due process and equal protection clauses. Specifically, the plaintiffs claimed that the Sheriff’s Office of Delaware County had engaged in rape, sodomy, sexual battery, and blackmail.

The parties commenced discovery the following year. Settlement conferences were anticipated as early as August 2010. Additionally, from the day of the initial complaint until February 11, 2011, the plaintiffs amended the complaint four times to increase the number of plaintiffs. The final complaint included 17 individuals with similar stories of sexual abuse by a law enforcement official while in vulnerable situations such as the bathroom or shower in the county jail as well as on medical visits. In June 2011, Judge James Payne granted an unopposed motion to dismiss one plaintiff. Additionally, later that month, the judge found a motion to dismiss another plaintiff as moot. Again, in September 2011, another plaintiff was dismissed by the judge on a joint stipulation from both parties.

Settlement conference dates were pushed back multiple times until the parties filed a motion to enforce a settlement agreement and to enter judgment on November 7, 2011. On December 1, 2011, Judge Payne entered judgment enforcing a full and final settlement of the action. The agreement awarded $13,500,000 to the plaintiffs with no liability admitted on behalf of the Sheriff of Delaware County, or the Board of Commissioners of Delaware County or Delaware County. By May 2012, the defendant has paid the amount in full and the case is now closed.

Richa Bijlani - 10/02/2019


compress summary

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Issues and Causes of Action
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Issues
Affected Gender
Female
Constitutional Clause
Due Process
Equal Protection
Unreasonable search and seizure
Defendant-type
Corrections
Law-enforcement
General
Assault/abuse by staff
Failure to discipline
Failure to supervise
Failure to train
Sex w/ staff; sexual harassment by staff
Staff (number, training, qualifications, wages)
Medical/Mental Health
Medication, administration of
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Delaware County Sheriff
Plaintiff Description Women previously incarcerated at the Delaware County Jail in Oklahoma
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Damages
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Filing Year 2009
Case Closing Year 2012
Case Ongoing No
Docket(s)
4:09-cv-00407 (N.D. Okla.)
JC-OK-0009-9000.pdf | Detail
Date: 05/24/2012
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 2]
JC-OK-0009-0001.pdf | Detail
Date: 06/24/2009
Source: PACER [Public Access to Court Electronic Records]
Fourth Amended Complaint [ECF# 114]
JC-OK-0009-0002.pdf | Detail
Date: 02/08/2011
Source: PACER [Public Access to Court Electronic Records]
Journal Entry of Judgment Upon Agreed Settlement [ECF# 366] (N.D. Okla.)
JC-OK-0009-0003.pdf | Detail
Date: 12/01/2011
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Payne, James H. (E.D. Okla., N.D. Okla., W.D. Okla.) show/hide docs
JC-OK-0009-0003 | JC-OK-0009-9000
Wilson, T. Lane (N.D. Okla.) [Magistrate] show/hide docs
JC-OK-0009-9000
Plaintiff's Lawyers Allen, Anthony L (Oklahoma) show/hide docs
JC-OK-0009-0001 | JC-OK-0009-0002 | JC-OK-0009-0003 | JC-OK-0009-9000
Garrett, David Mitchell (Oklahoma) show/hide docs
JC-OK-0009-0001 | JC-OK-0009-9000
Garrett, David M Jr (Oklahoma) show/hide docs
JC-OK-0009-0001 | JC-OK-0009-9000
Graham, Scott Alan (Oklahoma) show/hide docs
JC-OK-0009-0001 | JC-OK-0009-0002 | JC-OK-0009-0003 | JC-OK-0009-9000
Seymour, R. Thomas (Oklahoma) show/hide docs
JC-OK-0009-0001 | JC-OK-0009-0002 | JC-OK-0009-0003 | JC-OK-0009-9000
Williams, Gregory P (Oklahoma) show/hide docs
JC-OK-0009-0001 | JC-OK-0009-0002 | JC-OK-0009-0003 | JC-OK-0009-9000
Defendant's Lawyers Anderson, Philip Wayne (Oklahoma) show/hide docs
JC-OK-0009-9000
Collins, Christopher  James (Oklahoma) show/hide docs
JC-OK-0009-0003 | JC-OK-0009-9000
Gooch, Ambre C (Oklahoma) show/hide docs
JC-OK-0009-0003 | JC-OK-0009-9000
Williams, Betty O (Oklahoma) show/hide docs
JC-OK-0009-9000

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