Lucas v. Turn Key Health Clinics, et al., No. 22-5002 (10th Cir. 2023)
Annotate this CaseMichelle Caddell died from cervical cancer while in custody as a pretrial detainee in the Tulsa County Jail. Yolanda Lucas, as special administrator of decedent Caddell’s estate, initiated this case under 42 U.S.C. § 1983 bringing claims of deliberate indifference in violation of the Eighth and Fourteenth Amendments against Dr. Gary Myers and against Turn Key Health Clinics, LLC (“Turn Key”) and Sheriff Vic Regalado in his official capacity through municipal liability, violations of the Equal Protection clause against Turn Key and Sheriff Regalado, and negligence and wrongful death under Oklahoma state law against Dr. Myers and Turn Key. The three Defendants individually moved to dismiss all claims and the district court granted the motions. On appeal, Plaintiff challenged the district court’s determinations that she failed to plausibly allege: (1) deliberate indifference to serious medical needs against Dr. Myers; (2) municipal liability against Turn Key and Sheriff Regalado; and (3) violation of the Equal Protection clause against Turn Key and Sheriff Regalado. She also challenged the finding that Dr. Myers and Turn Key were entitled to immunity for the state law claims under the Oklahoma Governmental Tort Claims Act (“OGTCA”). The Tenth Circuit found it would need to determine the OGTCA's applicability to private corporations (and their employees) that contract with the state to provide medical services at the summary judgment stage if the factual record is sufficiently developed and the facts are uncontroverted. Accordingly, the Court reversed as premature the district court’s decision that Turn Key and Dr. Myers were immune under the OGTCA. The Court affirmed in all other respects.
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