Marion Whitten's Civil Rights Case Against Former McCurtain County Jail Officials

Marion Whitten was held in the McCurtain County Jail in January 2022. His federal civil rights lawsuit, Whitten v. Hendrix, is pending in the United States District Court for the Eastern District of Oklahoma against former jail officials. Chris Camp and I represent him.

The Restraint Chair

On January 4, 2022, Marion was secured in a restraint chair at the jail, with straps across his abdomen, arms and ankles. He was placed in the chair without incident.

Former jail shift supervisor Joe Ebert has since pleaded guilty in federal court to a civil rights charge for what happened next. In his plea agreement, Ebert admitted that he approached Marion from behind and struck him three times on the side of the face with an open hand, even though Marion was restrained and posed no threat to anyone. He admitted there was no legal justification for it and that the strikes caused bodily injury. The plea states that the entire incident was captured on the jail's security cameras.

Ebert separately pleaded guilty to a federal civil rights conspiracy involving another man held in the same jail a few months earlier, Roper Harris.

What the Lawsuit Claims

The lawsuit alleges that Marion was subjected to excessive force while in custody and that the officials responsible for the jail knew of the danger and failed to act. The defendants deny liability, and those claims remain to be decided.

Where It Stands

The case is pending before the district court. A guilty plea establishes what the person who entered it admitted. It does not decide the civil claims against anyone else, and each defendant is entitled to have the case against him decided on the evidence.

If you or someone you love was hurt in a county jail or by a law enforcement officer, call Garrett Law at (918) 221-6190. These cases turn on their facts, and deadlines apply.

For the full picture of our three McCurtain County jail cases, read After Kill. Bury. Print.

Related: Oklahoma civil rights attorney; Hurt or Killed in an Oklahoma County Jail: What Families Should Know; Garrett Law in the News. To talk about your own situation, request a free consultation.

This post is general information, not legal advice. Past results do not guarantee a similar outcome.