Oklahoma Civil Rights Attorney
Someone you love went into an Oklahoma jail and came out hurt, or did not come out at all. The explanation you were given does not add up. Garrett Law represents people and families in cases against Oklahoma jails, counties, jail trusts, law enforcement officers and other government actors over deaths in custody, denied medical care and excessive force. Mitchell Garrett has done this work for nearly twenty years. The first conversation is free.
When the Government Causes the Harm
A jail takes on a duty the moment it locks the door. A person in custody cannot call a doctor, cannot leave, and cannot protect himself from the staff. When jailers ignore a medical emergency, use force nobody needed, or leave a person in danger they knew about, federal law and the Oklahoma Constitution let that person or the family sue.
A civil rights lawsuit can compensate the person or family for the harm. It can also force records and sworn testimony into the open.
Nearly Twenty Years of Oklahoma Jail Cases
Mitchell's first civil rights case was filed in 2007 against Custer County. Since then he has litigated jail and police cases out of Custer, Delaware, Cherokee, Creek, Muskogee and McCurtain counties, in state and federal trial courts, the Oklahoma Supreme Court and the Tenth Circuit. Read the full history.
Representative Cases
Bosh v. Cherokee County Governmental Building Authority, 2013 OK 9. Mitchell was one of the lawyers for Daniel Bosh in an excessive force case out of the Cherokee County jail. The Oklahoma Supreme Court held that the Oklahoma Constitution itself gives a person in custody a claim for excessive force. The decision became the foundation for what Oklahoma lawyers came to call a Bosh claim. The federal case, in the Eastern District of Oklahoma, ended with a $1,500,000 recovery. What a Bosh claim is.
McGowan v. Sheriff of Custer County (W.D. Okla.). Fourteen women sued over sexual abuse by Sheriff Mike Burgess, who was convicted and sentenced to 79 years. The civil case resolved for $10 million. Mitchell was an attorney of record; Greg Williams of Tulsa was lead counsel.
England v. Delaware County Sheriff (N.D. Okla.). Fifteen former detainees alleged they were raped and assaulted in the county jail. The case settled for $13.5 million. Mitchell was an attorney of record; Greg Williams was lead counsel.
Bush v. Bowling (N.D. Okla.). A man died after Creek County jailers put him in a restraint chair hours after a 2017 arrest. Mitchell Garrett and Christopher Camp represented his estate, and the county settled for $750,000.
Lynch v. Board of County Commissioners of Muskogee County (E.D. Okla.). A restraint death case out of Muskogee County. The Tenth Circuit reversed summary judgment for the officers on the excessive force claims. The case settled for $450,000.
McCurtain County. The firm represents plaintiffs in multiple civil rights cases arising from McCurtain County and its jail. A former jailer has pleaded guilty to conspiracy, and the Tenth Circuit vacated the judgment in the case over Bobby Barrick's death. The McCurtain County jail cases.
Prior results reflect the specific facts and law of individual matters and do not guarantee or predict a similar outcome in any future matter.
Cases We Handle
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Death in a county jail or in police custody
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Denied medical care or medication
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Jail suicide
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Excessive force
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Sexual abuse in custody
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Failure to protect from other inmates
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Restraint chair injuries
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False arrest and police misconduct
The Evidence Can Disappear
Most of these cases turn on a record that was supposed to exist. Jail video gets recorded over. Sight check logs get filled in after the fact. Grievances go unanswered and then cannot be found. The records that matter are the video, medication logs, observation logs, incident and use of force reports, medical requests, grievances and staffing rosters. A preservation letter sent early puts the county on notice that it must keep them, and that losing them has consequences.
Why These Cases Are Different
A county does not owe money just because an employee did something wrong. Under federal law the family has to show that the county's own policy, practice, training or supervision caused the harm. Individual officers claim qualified immunity. In many Oklahoma counties a public trust runs the jail, not the sheriff, and suing the wrong entity can end a case. State law claims carry their own notice rules and damage caps. Few firms handle this work regularly.
What Families Should Do Now
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Write down what you were told, who said it, and when.
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Keep every text, voicemail, letter, photo and medical record.
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Get the names of anyone who was in the jail at the time.
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Do not give a recorded statement to the county or its insurer.
Some Oklahoma claims against governmental entities have short notice requirements, including deadlines that may arise within one year, and federal claims have separate limitations rules. Do not wait for a deadline to investigate the case. Video and other evidence may disappear much sooner.
How Civil Rights Cases Work and What They Cost You
Most people are surprised to learn they can pursue these cases without paying a lawyer up front. We typically handle civil rights matters on a contingency basis, and federal law allows the recovery of attorney fees from the government when a civil rights claim succeeds, so the cost of standing up for your rights doesn't fall on you. There are strict deadlines to file, however, and critical evidence (video, records, witness accounts) can disappear quickly. The sooner you call, the better we can protect your claim.
Garrett Law handles civil rights cases across Oklahoma, including the greater Tulsa metro (Broken Arrow, Owasso, Bixby, Jenks, Sand Springs, Sapulpa, and Claremore) and in the state's federal courts.
Frequently Asked Questions
What is a civil rights or "Section 1983" claim?
It's a claim under federal law that lets you sue government officials, like police or jail staff, who violate your constitutional rights, such as the right to be free from excessive force or unlawful detention. It can provide compensation and force institutions to change.
How much does it cost to hire a civil rights lawyer?
Typically nothing up front. We generally take these cases on contingency, and federal law allows attorney fees to be recovered from the government when a civil rights claim succeeds. Your first consultation is free.
Can I sue the police or a jail in Oklahoma?
In the right circumstances, yes. If police, jail staff, or other officials violated your constitutional rights, the law may allow a claim against them and the entities responsible. These cases are complex, so it's important to talk to a lawyer experienced in this specific area.
What if my family member died in jail or in police custody?
Families have the right to answers and accountability. We handle wrongful death and in-custody death cases and can investigate what happened, preserve evidence, and pursue a claim on your family's behalf. Please reach out. These cases are time-sensitive.
How long do I have to file a civil rights claim?
There are firm deadlines, and some claims against government entities require notice much sooner than you'd expect. Because evidence also disappears quickly, you should contact a lawyer as soon as possible to protect your rights.
Do these cases go to trial?
Some resolve through settlement and some go all the way to trial. We prepare every case thoroughly, because institutions take you more seriously when they know you're ready and able to try the case.
Further reading
Nearly Twenty Years Suing Oklahoma Counties Over What Happens Inside Their Jails
After Kill. Bury. Print.: The McCurtain County Jail Cases
Hurt or Killed in an Oklahoma County Jail: What Families Should Know
What Is a Bosh Claim, and Why Can't You Bring One Anymore?
Garrett Law in the News