Burke v. Regalado, No. 18-5042 (10th Cir. 2019)Annotate this Case
In 2011, Elliott Williams was jailed at the Tulsa Oklahoma County Jail. Shortly after his booking, he severely injured his neck, causing lower body paralysis. No one treated his injury. Despite his frequent complaints of pain and paralysis, no one transported him to a hospital. He remained immobile for five days, lying on his back in various cells at the jail, and died of complications from the neck injury. The administrator of Mr. Williams’s estate, Robbie Emery Burke, filed a complaint under 42 U.S.C. 1983, alleging detention officers and medical providers at the jail violated Mr. Williams’s Fourteenth Amendment right by acting with deliberate indifference to his serious medical needs. It further alleged Tulsa County Sheriff Stanley Glanz was liable in his individual supervisory capacity and in his official capacity for his subordinates’ violations. During pretrial litigation, Sheriff Glanz resigned and his successor, Sheriff Vic Regalado, was substituted as the defendant on the official-capacity claim. By the time of trial, Sheriffs Glanz and Regalado (“the Sheriffs”) were the only defendants remaining. A jury awarded Burke $10 million in compensatory damages against Sheriff Glanz and Sheriff Regalado and $250,000 in punitive damages against Sheriff Glanz in his individual supervisory capacity. On appeal, the Sheriffs challenged the verdict, various evidentiary rulings, and several pre- and post-trial decisions of the district court. After careful consideration of all issues raised, the Tenth Circuit affirmed the district court on all grounds except for its denial of the Sheriffs’ motion for a setoff. The Court reversed and remanded for further consideration of that issue.