Case: Briggs v. Slatton-Hodges

4:23-cv-00081 | U.S. District Court for the Northern District of Oklahoma

Filed Date: March 1, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about whether Oklahoma denied competency restoration treatments to criminal defendants awaiting trial in excess of constitutionally permissible time limits. Competency restoration is defined as the process by which persons who have been declared incompetent to stand trial in criminal proceedings are provided treatment to attempt to restore their mental competency. On March 1, 2023, three individuals currently held in jails across Oklahoma and declared incompetent to stand trial b…

This is a case about whether Oklahoma denied competency restoration treatments to criminal defendants awaiting trial in excess of constitutionally permissible time limits. Competency restoration is defined as the process by which persons who have been declared incompetent to stand trial in criminal proceedings are provided treatment to attempt to restore their mental competency. On March 1, 2023, three individuals currently held in jails across Oklahoma and declared incompetent to stand trial brought a putative class action lawsuit in the U.S. District Court for the Northern District of Oklahoma against the Commissioner of the Oklahoma Department of Mental Health and Substance Abuse Services (the “Department”) and the Executive Director of the Oklahoma Forensic Center (“OFC”). The case was assigned to Judge Gregory Frizzell.

The complaint alleged the following facts. Under Oklahoma’s competency restoration system, when a criminal defendant is declared incompetent to stand trial, their criminal case is suspended and the Department is ordered to provide restoration treatment within a reasonable amount of time. If the defendant cannot be restored to competency, the criminal charges must be dismissed and the defendant may be civilly committed to obtain treatment. Oklahoma has only one state-run facility that provides competency restoration services for defendants: OFC. However, due to a large backlog at OFC (between 120 to 200 people), individuals needing restorative treatment services often waited in jail for nearly a year or more before receiving restoration treatment. Additionally, restoration treatment provided in Oklahoma jails were not done by qualified forensic professionals, thus making in-jail restoration treatment virtually impossible.

The plaintiffs defined the proposed class as: “[a]ll persons who are now, or will be in the future, charged with a crime in Oklahoma state court and are: (i) declared incompetent by the state court; (ii) incarcerated in a county jail or similar detention facility; (iii) court-ordered to receive restoration services; and (iv) placed on the OFC competency waitlist or who otherwise have not received restoration treatment services within a constitutionally acceptable time.” The plaintiffs brought claims under 42 U.S.C. § 1983 for alleged violations of the Fourteenth Amendment's Due Process Clause, the Oklahoma Due Process Clause (Article 2, Section 7 of the Oklahoma Constitution), and Title II of the Americans with Disabilities Act (42 U.S.C. § 12132). Represented by the Oklahoma Disability Law Center (a protection and advocacy organization) and private counsel, the plaintiffs, on behalf of the proposed class, sought injunctive relief ordering Defendants to develop a remedial plan to reduce wait times for competency restoration treatment to within constitutional limits. Plaintiffs also sought declaratory relief and the payment of attorneys’ fees. 

On April 10, 2023, the defendants filed a motion to dismiss the case for lack of subject-matter jurisdiction and for failure to state a claim upon which relief can be granted. On April 26, 2023, both parties filed a joint motion to stay the case for 90 days so that the parties could pursue settlement negotiations. Judge Frizzell granted this motion and issued a stay, which was ultimately extended through May 2024.

On June 17, 2024, the parties informed the court that they had settled and moved for preliminary approval of a consent decree. The proposed consent decree included a plan that the defendants would implement within 90 days, which included the following measures:

-Reevaluating all class members for competency restoration
-Ending the purported in-jail competency restoration program (without ending medical treatment for class members)
-Adding more inpatient forensic beds for competency restoration
-Improving staffing, training, and environment-of-care standards
-Implementing continuing education for staff
-Implementing a competency restoration triage screening program
-Creating deadlines for competency evaluations
-Starting in-jail and community-based restoration treatment pilot programs

Under the proposed consent decree, the defendants would shorten the time class members spent waiting for restoration treatment until everyone received treatment within 21 days of being declared incompetent to stand trial. Violations of the wait time goals would lead to fines. A group of three consultants would be appointed to monitor whether the defendants were following the consent decree. The defendants would also be required to pay the plaintiffs' attorneys' fees. The consent decree would last five years. 

The parties modified the proposed consent decree on September 9, 2024, after the court concluded that state law would not allow a community-based treatment program; the revised version clarified that the program would only occur if state law changed. The court preliminarily approved the revised version on September 19, 2024.

However, according to news reports, Oklahoma's Contingency Review Board rejected the settlement on October 8, 2024. One of the named defendants in the case—the Commissioner of the Oklahoma Department of Mental Health and Substance Abuse Services—announced that the state's Attorney General, who had negotiated the settlement, would no longer be part of the case due to his "misrepresentation" of her in the negotiations. The Board indicated it would be renegotiating some of the settlement terms.

On November 13, 2024, the parties held a settlement conference and reached an agreement. The specific details of the agreement are yet to be public. The Contingency Review Board is expected to consider the settlement in January 2025. The case is ongoing. 

 

Summary Authors

Muiz Wani (3/24/2024)

Micah Pollens-Dempsey (10/20/2024)

Renuka Wagh (1/1/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67169124/parties/briggs-v-slatton-hodges/


Judge(s)
Attorney for Plaintiff

DeMuro, Paul (Oklahoma)

Dorwart, Frederic (Oklahoma)

Attorney for Defendant

Drummond, Gentner Frederick (Oklahoma)

Evans, Kristen Pence (Oklahoma)

Flanagan, William Patrick (Oklahoma)

show all people

Documents in the Clearinghouse

Document
2

4:23-cv-00081

Class Action Complaint

March 1, 2023

March 1, 2023

Complaint
47

4:23-cv-00081

Order

June 24, 2024

June 24, 2024

Order/Opinion
53

4:23-cv-00081

Opinion and Order

Aug. 30, 2024

Aug. 30, 2024

Order/Opinion

2024 WL 4097459

56

4:23-cv-00081

Order

Sept. 19, 2024

Sept. 19, 2024

Order/Opinion
82

4:23-cv-00081

Settlement Agreement Report

Briggs v. Friesen

Nov. 13, 2024

Nov. 13, 2024

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67169124/briggs-v-slatton-hodges/

Last updated Jan. 1, 2025, 6:21 p.m.

ECF Number Description Date Link Date / Link
1

CIVIL COVER SHEET by Leslie Briggs, Henry A Meyer, III, Evan Watson (DeMuro, Paul) (Entered: 03/01/2023)

March 1, 2023

March 1, 2023

PACER
2

COMPLAINT against All Defendants (paid $402 filing fee; receipt number AOKNDC-2768298) by Henry A Meyer, III, Leslie Briggs, Evan Watson (DeMuro, Paul) (Entered: 03/01/2023)

March 1, 2023

March 1, 2023

Clearinghouse
3

ATTORNEY APPEARANCE by Paul DeMuro on behalf of Leslie Briggs, Henry A Meyer, III, Evan Watson (DeMuro, Paul) (Entered: 03/01/2023)

March 1, 2023

March 1, 2023

PACER
4

ATTORNEY APPEARANCE by David Wayne Leimbach on behalf of Leslie Briggs, Henry A Meyer, III, Evan Watson [Note: Attorney David Wayne Leimbach added to party Leslie Briggs(pty:pla), Attorney David Wayne Leimbach added to party Henry A Meyer, III(pty:pla), Attorney David Wayne Leimbach added to party Evan Watson(pty:pla).] (Leimbach, David) (Entered: 03/01/2023)

March 1, 2023

March 1, 2023

PACER
5

ATTORNEY APPEARANCE by Frederic Dorwart on behalf of Leslie Briggs, Henry A Meyer, III, Evan Watson [Note: Attorney Frederic Dorwart added to party Leslie Briggs(pty:pla), Attorney Frederic Dorwart added to party Henry A Meyer, III(pty:pla), Attorney Frederic Dorwart added to party Evan Watson(pty:pla).] (Dorwart, Frederic) (Entered: 03/01/2023)

March 1, 2023

March 1, 2023

PACER
6

MINUTE ORDER by Court Clerk, directing Leslie Briggs, Evan Watson, and Henry A Meyer III to file a Disclosure Statement pursuant to FRCvP 7.1 and LCvR 7.1-1, if applicable. The parties shall use the form entitled Disclosure Statement available on the Courts website. (This entry is the Official Order of the Court. No document is attached.) (lmt, Dpty Clk) (Entered: 03/01/2023)

March 1, 2023

March 1, 2023

PACER
7

SUMMONS Issued by Court Clerk as to Crystal Hernandez, Carrie Slatton-Hodges (blc, Dpty Clk) (Entered: 03/01/2023)

March 1, 2023

March 1, 2023

PACER
1

CIVIL COVER SHEET by Leslie Briggs, Henry A Meyer, III, Evan Watson (DeMuro, Paul)

March 1, 2023

March 1, 2023

PACER
2

COMPLAINT against All Defendants (paid $402 filing fee; receipt number AOKNDC-2768298) by Henry A Meyer, III, Leslie Briggs, Evan Watson (DeMuro, Paul)

March 1, 2023

March 1, 2023

Clearinghouse
3

ATTORNEY APPEARANCE by Paul DeMuro on behalf of Leslie Briggs, Henry A Meyer, III, Evan Watson (DeMuro, Paul)

March 1, 2023

March 1, 2023

PACER
4

ATTORNEY APPEARANCE by David Wayne Leimbach on behalf of Leslie Briggs, Henry A Meyer, III, Evan Watson [Note: Attorney David Wayne Leimbach added to party Leslie Briggs(pty:pla), Attorney David Wayne Leimbach added to party Henry A Meyer, III(pty:pla), Attorney David Wayne Leimbach added to party Evan Watson(pty:pla).] (Leimbach, David)

March 1, 2023

March 1, 2023

PACER
5

ATTORNEY APPEARANCE by Frederic Dorwart on behalf of Leslie Briggs, Henry A Meyer, III, Evan Watson [Note: Attorney Frederic Dorwart added to party Leslie Briggs(pty:pla), Attorney Frederic Dorwart added to party Henry A Meyer, III(pty:pla), Attorney Frederic Dorwart added to party Evan Watson(pty:pla).] (Dorwart, Frederic)

March 1, 2023

March 1, 2023

PACER
6

MINUTE ORDER by Court Clerk, directing Leslie Briggs, Evan Watson, and Henry A Meyer III to file a Disclosure Statement pursuant to FRCvP 7.1 and LCvR 7.1-1, if applicable. The parties shall use the form entitled Disclosure Statement available on the Courts website. (This entry is the Official Order of the Court. No document is attached.) (lmt, Dpty Clk)

March 1, 2023

March 1, 2023

PACER
7

SUMMONS Issued by Court Clerk as to Crystal Hernandez, Carrie Slatton-Hodges (blc, Dpty Clk)

March 1, 2023

March 1, 2023

PACER
8

ATTORNEY APPEARANCE by Nicholas Southerland on behalf of Leslie Briggs, Henry A Meyer, III, Evan Watson [Note: Attorney Nicholas Southerland added to party Leslie Briggs(pty:pla), Attorney Nicholas Southerland added to party Henry A Meyer, III(pty:pla), Attorney Nicholas Southerland added to party Evan Watson(pty:pla).] (Southerland, Nicholas) (Entered: 03/13/2023)

March 13, 2023

March 13, 2023

PACER
8

ATTORNEY APPEARANCE by Nicholas Southerland on behalf of Leslie Briggs, Henry A Meyer, III, Evan Watson [Note: Attorney Nicholas Southerland added to party Leslie Briggs(pty:pla), Attorney Nicholas Southerland added to party Henry A Meyer, III(pty:pla), Attorney Nicholas Southerland added to party Evan Watson(pty:pla).] (Southerland, Nicholas)

March 13, 2023

March 13, 2023

PACER
9

ATTORNEY APPEARANCE by Brian Stephen Wilkerson on behalf of All Plaintiffs [Note: Attorney Brian Stephen Wilkerson added to party Leslie Briggs(pty:pla), Attorney Brian Stephen Wilkerson added to party Henry A Meyer, III(pty:pla), Attorney Brian Stephen Wilkerson added to party Evan Watson(pty:pla).] (Wilkerson, Brian) (Entered: 03/15/2023)

March 15, 2023

March 15, 2023

PACER
9

ATTORNEY APPEARANCE by Brian Stephen Wilkerson on behalf of All Plaintiffs [Note: Attorney Brian Stephen Wilkerson added to party Leslie Briggs(pty:pla), Attorney Brian Stephen Wilkerson added to party Henry A Meyer, III(pty:pla), Attorney Brian Stephen Wilkerson added to party Evan Watson(pty:pla).] (Wilkerson, Brian)

March 15, 2023

March 15, 2023

PACER
10

ATTORNEY APPEARANCE by Devan A Pederson on behalf of Crystal Hernandez, Carrie Slatton-Hodges [Note: Attorney Devan A Pederson added to party Crystal Hernandez(pty:dft), Attorney Devan A Pederson added to party Carrie Slatton-Hodges(pty:dft).] (Pederson, Devan) (Entered: 03/22/2023)

March 22, 2023

March 22, 2023

PACER
11

ATTORNEY APPEARANCE by Erin Morgan Moore on behalf of Crystal Hernandez, Carrie Slatton-Hodges [Note: Attorney Erin Morgan Moore added to party Crystal Hernandez(pty:dft), Attorney Erin Morgan Moore added to party Carrie Slatton-Hodges(pty:dft).] (Moore, Erin) (Entered: 03/22/2023)

March 22, 2023

March 22, 2023

PACER
12

ATTORNEY APPEARANCE by Tracy Ella Neel on behalf of Crystal Hernandez, Carrie Slatton-Hodges [Note: Attorney Tracy Ella Neel added to party Crystal Hernandez(pty:dft), Attorney Tracy Ella Neel added to party Carrie Slatton-Hodges(pty:dft).] (Neel, Tracy) (Entered: 03/22/2023)

March 22, 2023

March 22, 2023

PACER
13

Unopposed MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s) (Re: 2 Complaint ) by Crystal Hernandez, Carrie Slatton-Hodges (Pederson, Devan) (Entered: 03/22/2023)

March 22, 2023

March 22, 2023

PACER
10

ATTORNEY APPEARANCE by Devan A Pederson on behalf of Crystal Hernandez, Carrie Slatton-Hodges [Note: Attorney Devan A Pederson added to party Crystal Hernandez(pty:dft), Attorney Devan A Pederson added to party Carrie Slatton-Hodges(pty:dft).] (Pederson, Devan)

March 22, 2023

March 22, 2023

PACER
11

ATTORNEY APPEARANCE by Erin Morgan Moore on behalf of Crystal Hernandez, Carrie Slatton-Hodges [Note: Attorney Erin Morgan Moore added to party Crystal Hernandez(pty:dft), Attorney Erin Morgan Moore added to party Carrie Slatton-Hodges(pty:dft).] (Moore, Erin)

March 22, 2023

March 22, 2023

PACER
12

ATTORNEY APPEARANCE by Tracy Ella Neel on behalf of Crystal Hernandez, Carrie Slatton-Hodges [Note: Attorney Tracy Ella Neel added to party Crystal Hernandez(pty:dft), Attorney Tracy Ella Neel added to party Carrie Slatton-Hodges(pty:dft).] (Neel, Tracy)

March 22, 2023

March 22, 2023

PACER
13

Unopposed MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s) (Re: [2] Complaint ) by Crystal Hernandez, Carrie Slatton-Hodges (Pederson, Devan)

March 22, 2023

March 22, 2023

PACER
14

ORDER by Judge Gregory K Frizzell extending deadline to respond to Complaint: 4/10/2023 ; granting 13 Motion to Accelerate/Extend/Reset Hearing(s)/Deadline(s) (Re: 13 Unopposed MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s) ) (kjp, Dpty Clk) (Entered: 03/23/2023)

March 23, 2023

March 23, 2023

PACER
14

ORDER by Judge Gregory K Frizzell extending deadline to respond to Complaint: 4/10/2023 ; granting [13] Motion to Accelerate/Extend/Reset Hearing(s)/Deadline(s) (Re: [13] Unopposed MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s) ) (kjp, Dpty Clk)

March 23, 2023

March 23, 2023

PACER
15

Unopposed MOTION for Protective Order by Crystal Hernandez, Carrie Slatton-Hodges (With attachments) (Pederson, Devan) (Entered: 04/06/2023)

April 6, 2023

April 6, 2023

PACER
15

Unopposed MOTION for Protective Order by Crystal Hernandez, Carrie Slatton-Hodges (With attachments) (Pederson, Devan)

1 Exhibit Ex. 1 - Proposed Stipulated Protective Order

View on PACER

April 6, 2023

April 6, 2023

RECAP
16

MOTION to Dismiss by Crystal Hernandez, Carrie Slatton-Hodges (With attachments) (Moore, Erin) (Entered: 04/10/2023)

April 10, 2023

April 10, 2023

PACER
17

MINUTE ORDER by Judge Gregory K Frizzell Pursuant to Fed.R.Civ.P. 16(b)(2), the Court finds good cause to delay issuing a scheduling order in this case pending resolution of Defendants' Motion to Dismiss at Doc. 16. (Re: 16 MOTION to Dismiss ) (This entry is the Official Order of the Court. No document is attached.) (lah, Chambers) (Entered: 04/10/2023)

April 10, 2023

April 10, 2023

PACER
16

MOTION to Dismiss by Crystal Hernandez, Carrie Slatton-Hodges (With attachments) (Moore, Erin) Modified on 4/27/2023 - WITHDRAWN per [21] (lmt, Dpty Clk).

April 10, 2023

April 10, 2023

PACER
17

MINUTE ORDER by Judge Gregory K Frizzell Pursuant to Fed.R.Civ.P. 16(b)(2), the Court finds good cause to delay issuing a scheduling order in this case pending resolution of Defendants' Motion to Dismiss at Doc. 16. (Re: [16] MOTION to Dismiss ) (This entry is the Official Order of the Court. No document is attached.) (lah, Chambers)

April 10, 2023

April 10, 2023

PACER
18

PROTECTIVE ORDER by Magistrate Judge Jodi F Jayne ; granting 15 Motion for Protective Order (Re: 15 Unopposed MOTION for Protective Order ) (kah, Chambers) (Entered: 04/11/2023)

April 11, 2023

April 11, 2023

PACER
18

PROTECTIVE ORDER by Magistrate Judge Jodi F Jayne ; granting [15] Motion for Protective Order (Re: [15] Unopposed MOTION for Protective Order ) (kah, Chambers)

April 11, 2023

April 11, 2023

PACER
19

Joint MOTION to Stay by Leslie Briggs, Henry A Meyer, III, Evan Watson (DeMuro, Paul) (Entered: 04/26/2023)

April 26, 2023

April 26, 2023

PACER
20

Unopposed MOTION to Withdraw Document(s) (Re: 16 MOTION to Dismiss ) by Crystal Hernandez, Carrie Slatton-Hodges (Pederson, Devan) (Entered: 04/26/2023)

April 26, 2023

April 26, 2023

PACER
21

ORDER by Judge Gregory K Frizzell ; striking/withdrawing document(s); granting 20 Motion to Withdraw Documents(s) (Re: 16 MOTION to Dismiss, 20 Unopposed MOTION to Withdraw Document(s) ) (Documents Terminated: 16 MOTION to Dismiss ) (kjp, Dpty Clk) (Entered: 04/26/2023)

April 26, 2023

April 26, 2023

PACER
22

ORDER by Judge Gregory K Frizzell (stay until 7/25/2023) ; staying case; granting 19 Motion to Stay (Re: 19 Joint MOTION to Stay ) (kjp, Dpty Clk) (Entered: 04/26/2023)

April 26, 2023

April 26, 2023

PACER
19

Joint MOTION to Stay by Leslie Briggs, Henry A Meyer, III, Evan Watson (DeMuro, Paul)

April 26, 2023

April 26, 2023

PACER
20

Unopposed MOTION to Withdraw Document(s) (Re: [16] MOTION to Dismiss ) by Crystal Hernandez, Carrie Slatton-Hodges (Pederson, Devan)

April 26, 2023

April 26, 2023

PACER
21

ORDER by Judge Gregory K Frizzell ; striking/withdrawing document(s); granting [20] Motion to Withdraw Documents(s) (Re: [16] MOTION to Dismiss, [20] Unopposed MOTION to Withdraw Document(s) ) (Documents Terminated: [16] MOTION to Dismiss ) (kjp, Dpty Clk)

April 26, 2023

April 26, 2023

PACER
22

ORDER by Judge Gregory K Frizzell (stay until 7/25/2023) ; staying case; granting [19] Motion to Stay (Re: [19] Joint MOTION to Stay ) (kjp, Dpty Clk)

April 26, 2023

April 26, 2023

PACER
23

Joint MOTION to Alter Order/Judgment (Re: 18 Protective Order, Ruling on Motion for Protective Order ) by Crystal Hernandez, Carrie Slatton-Hodges (Pederson, Devan) (Entered: 05/30/2023)

May 30, 2023

May 30, 2023

RECAP
24

Joint MOTION Joint Application to Obtain Medical Records by Crystal Hernandez, Carrie Slatton-Hodges (Pederson, Devan) (Entered: 05/30/2023)

May 30, 2023

May 30, 2023

RECAP
23

Joint MOTION to Alter Order/Judgment (Re: [18] Protective Order, Ruling on Motion for Protective Order ) by Crystal Hernandez, Carrie Slatton-Hodges (Pederson, Devan)

May 30, 2023

May 30, 2023

RECAP
24

Joint MOTION Joint Application to Obtain Medical Records by Crystal Hernandez, Carrie Slatton-Hodges (Pederson, Devan)

May 30, 2023

May 30, 2023

RECAP
25

MINUTE ORDER by Judge Gregory K Frizzell, referring motion(s) to Magistrate Judge Jayne (Re: 23 Joint MOTION to Alter Order/Judgment ) (This entry is the Official Order of the Court. No document is attached.) (lah, Chambers) (Entered: 05/31/2023)

May 31, 2023

May 31, 2023

PACER
26

ORDER by Judge Gregory K Frizzell ; granting 24 Motion for Miscellaneous Relief (Re: 24 Joint MOTION Joint Application to Obtain Medical Records ) (kjp, Dpty Clk) (Entered: 05/31/2023)

May 31, 2023

May 31, 2023

RECAP
25

MINUTE ORDER by Judge Gregory K Frizzell, referring motion(s) to Magistrate Judge Jayne (Re: [23] Joint MOTION to Alter Order/Judgment ) (This entry is the Official Order of the Court. No document is attached.) (lah, Chambers)

May 31, 2023

May 31, 2023

PACER
26

ORDER by Judge Gregory K Frizzell ; granting [24] Motion for Miscellaneous Relief (Re: [24] Joint MOTION Joint Application to Obtain Medical Records ) (kjp, Dpty Clk)

May 31, 2023

May 31, 2023

RECAP
27

PROTECTIVE ORDER by Magistrate Judge Jodi F Jayne Amended ; granting 23 Motion to Alter Order/Judgment (Re: 23 Joint MOTION to Alter Order/Judgment ) (kah, Chambers) (Entered: 06/05/2023)

June 5, 2023

June 5, 2023

PACER
27

PROTECTIVE ORDER by Magistrate Judge Jodi F Jayne Amended ; granting [23] Motion to Alter Order/Judgment (Re: [23] Joint MOTION to Alter Order/Judgment ) (kah, Chambers)

June 5, 2023

June 5, 2023

PACER
28

Joint MOTION to Stay by Crystal Hernandez, Carrie Slatton-Hodges (Moore, Erin) (Entered: 07/17/2023)

July 17, 2023

July 17, 2023

PACER
28

Joint MOTION to Stay by Crystal Hernandez, Carrie Slatton-Hodges (Moore, Erin)

July 17, 2023

July 17, 2023

PACER
29

ORDER by Judge Gregory K Frizzell extending stay until 10/23/2023 ; granting 28 Motion to Stay (Re: 28 Joint MOTION to Stay ) (kjp, Dpty Clk) (Entered: 07/18/2023)

July 18, 2023

July 18, 2023

PACER
29

ORDER by Judge Gregory K Frizzell extending stay until 10/23/2023 ; granting [28] Motion to Stay (Re: [28] Joint MOTION to Stay ) (kjp, Dpty Clk)

July 18, 2023

July 18, 2023

PACER
30

NOTICE of Party Name Correction by Crystal Hernandez (Neel, Tracy) (Entered: 08/15/2023)

Aug. 15, 2023

Aug. 15, 2023

PACER
30

NOTICE of Party Name Correction by Crystal Hernandez (Neel, Tracy)

Aug. 15, 2023

Aug. 15, 2023

PACER
31

Joint MOTION to Stay Extend Stay by Carrie Slatton-Hodges (Neel, Tracy) (Entered: 10/10/2023)

Oct. 10, 2023

Oct. 10, 2023

PACER
31

Joint MOTION to Stay Extend Stay by Carrie Slatton-Hodges (Neel, Tracy)

Oct. 10, 2023

Oct. 10, 2023

PACER
32

AMENDED Joint MOTION to Stay by Carrie Slatton-Hodges (Neel, Tracy) Modified on 10/12/2023 to reflect Amended in the entry title (kjp, Dpty Clk). (Entered: 10/11/2023)

Oct. 11, 2023

Oct. 11, 2023

PACER
32

AMENDED Joint MOTION to Stay by Carrie Slatton-Hodges (Neel, Tracy) Modified on 10/12/2023 to reflect Amended in the entry title (kjp, Dpty Clk).

Oct. 11, 2023

Oct. 11, 2023

PACER
33

MINUTE ORDER by Judge Gregory K Frizzell Parties having filed an Amended Joint Motion to Extend Stay [Doc. 32] ; finding as moot 31 Motion to Stay (Re: 31 Joint MOTION to Stay Extend Stay ) (This entry is the Official Order of the Court. No document is attached.) (kjp, Dpty Clk) (Entered: 10/12/2023)

Oct. 12, 2023

Oct. 12, 2023

PACER
34

ORDER by Judge Gregory K Frizzell extending stay until January 22, 2024 ; granting 32 Motion to Stay (Re: 32 AMENDED Joint MOTION to Stay ) (kjp, Dpty Clk) (Entered: 10/12/2023)

Oct. 12, 2023

Oct. 12, 2023

PACER
33

MINUTE ORDER by Judge Gregory K Frizzell Parties having filed an Amended Joint Motion to Extend Stay [Doc. 32] ; finding as moot [31] Motion to Stay (Re: [31] Joint MOTION to Stay Extend Stay ) (This entry is the Official Order of the Court. No document is attached.) (kjp, Dpty Clk)

Oct. 12, 2023

Oct. 12, 2023

PACER
34

ORDER by Judge Gregory K Frizzell extending stay until January 22, 2024 ; granting [32] Motion to Stay (Re: [32] AMENDED Joint MOTION to Stay ) (kjp, Dpty Clk)

Oct. 12, 2023

Oct. 12, 2023

PACER
35

Joint MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s) Stay by Debbie Moran, Carrie Slatton-Hodges (Moore, Erin) (Entered: 01/19/2024)

Jan. 19, 2024

Jan. 19, 2024

PACER
36

ORDER by Judge Gregory K Frizzell extending stay until March 8, 2024 ; granting 35 Motion to Accelerate/Extend/Reset Hearing(s)/Deadline(s) (Re: 35 Joint MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s) Stay ) (kjp, Dpty Clk) (Entered: 01/19/2024)

Jan. 19, 2024

Jan. 19, 2024

PACER
35

Joint MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s) Stay by Debbie Moran, Carrie Slatton-Hodges (Moore, Erin)

Jan. 19, 2024

Jan. 19, 2024

PACER
36

ORDER by Judge Gregory K Frizzell extending stay until March 8, 2024 ; granting [35] Motion to Accelerate/Extend/Reset Hearing(s)/Deadline(s) (Re: [35] Joint MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s) Stay ) (kjp, Dpty Clk)

Jan. 19, 2024

Jan. 19, 2024

PACER
37

Joint MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s) by Debbie Moran, Carrie Slatton-Hodges (Neel, Tracy) (Entered: 03/06/2024)

March 6, 2024

March 6, 2024

PACER
37

Joint MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s) by Debbie Moran, Carrie Slatton-Hodges (Neel, Tracy)

March 6, 2024

March 6, 2024

PACER
38

ORDER by Judge Gregory K Frizzell extending stay until April 22, 2024 ; granting [37] Motion to Accelerate/Extend/Reset Hearing(s)/Deadline(s) (Re: [37] Joint MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s) ) (kjp, Dpty Clk)

March 7, 2024

March 7, 2024

PACER
39

Joint MOTION to Stay by Debbie Moran, Carrie Slatton-Hodges (Moore, Erin)

April 22, 2024

April 22, 2024

RECAP
40

ORDER by Judge Gregory K Frizzell extending stay until May 13, 2024 ; granting [39] Motion to Stay (Re: [39] Joint MOTION to Stay ) (kjp, Dpty Clk)

April 23, 2024

April 23, 2024

PACER
41

NOTICE of Automatic Substitution of Party Pursuant to Fed. R. Civ. P. 25(d) by Debbie Moran, Carrie Slatton-Hodges (Neel, Tracy)

May 8, 2024

May 8, 2024

PACER
42

MINUTE ORDER by Judge Gregory K Frizzell setting a Status Hearing on June 3, 2024 at 9:30 a.m., setting/resetting deadline(s)/hearing(s): Boulder Building, Courtroom 3 ( Status Hearing set for 6/3/2024 at 09:30 AM before Judge Gregory K Frizzell) (This entry is the Official Order of the Court. No document is attached.) (kjp, Dpty Clk)

May 20, 2024

May 20, 2024

PACER
43

MINUTE ORDER by Judge Gregory K Frizzell due do the court's schedule, striking the Status Hearing on 6/3/2024 and resetting for 6/5/2024 at 2:30 pm, setting/resetting deadline(s)/hearing(s): Boulder Building, Courtroom 3 ( Status Hearing set for 6/5/2024 at 02:30 PM before Judge Gregory K Frizzell) (This entry is the Official Order of the Court. No document is attached.) (kjp, Dpty Clk)

May 29, 2024

May 29, 2024

PACER
44

ATTORNEY APPEARANCE by Gentner Frederick Drummond on behalf of All Defendants [Note: Attorney Gentner Frederick Drummond added to party Debbie Moran(pty:dft), Attorney Gentner Frederick Drummond added to party Carrie Slatton-Hodges(pty:dft).] (Drummond, Gentner)

June 4, 2024

June 4, 2024

PACER
45

MINUTES of Proceedings - held before Judge Gregory K Frizzell: Status Hearing held on 6/5/2024, striking/terminating deadline(s)/Hearing(s) (Court Reporter: Brian Neil) (kjp, Dpty Clk)

June 5, 2024

June 5, 2024

PACER
46

Joint MOTION for Preliminary Approval of Consent Decree, Class Certification, and Plan of Notice to Class by Leslie Briggs, Henry A Meyer, III, Evan Watson (With attachments) (DeMuro, Paul)

1 Exhibit 1

View on RECAP

2 Exhibit 2

View on RECAP

3 Exhibit 3

View on RECAP

4 Exhibit 4

View on RECAP

June 17, 2024

June 17, 2024

RECAP
47

ORDER by Judge Gregory K Frizzell, setting/resetting deadline(s)/hearing(s): Boulder Building, Courtroom 3 ( Miscellaneous Deadline set for 7/26/2024, Motion Hearing set for 8/15/2024 at 09:30 AM before Judge Gregory K Frizzell) (Re: [46] Joint MOTION for Preliminary Approval of Consent Decree, Class Certification, and Plan of Notice to Class ) (kjp, Dpty Clk)

June 24, 2024

June 24, 2024

Clearinghouse
48

SUPPLEMENT (Re: [46] Joint MOTION for Preliminary Approval of Consent Decree, Class Certification, and Plan of Notice to Class ) by Leslie Briggs, Henry A Meyer, III, Evan Watson (With attachments) (DeMuro, Paul)

July 26, 2024

July 26, 2024

PACER
49

SUPPLEMENT Regarding Attorney Fees (Re: [46] Joint MOTION for Preliminary Approval of Consent Decree, Class Certification, and Plan of Notice to Class ) by Leslie Briggs, Henry A Meyer, III, Evan Watson (With attachments) (Dorwart, Frederic)

July 26, 2024

July 26, 2024

PACER
50

MINUTES of Proceedings - held before Judge Gregory K Frizzell: Motion Hearing held on 8/15/2024, setting/resetting deadline(s)/hearing(s): ( Miscellaneous Deadline set for 8/29/2024) (Re: [46] Joint MOTION for Preliminary Approval of Consent Decree, Class Certification, and Plan of Notice to Class ) (Court Reporter: Brian Neil) (kjp, Dpty Clk)

Aug. 15, 2024

Aug. 15, 2024

PACER
51

TRANSCRIPT of Proceedings (Unredacted) of Motion Hearing held on 8/15/2024 before Judge Gregory K Frizzell (Court Reporter: Brian Neil) (Pages: 1-63). NOTICE RE REDACTION OF TRANSCRIPTS: A party must file a Transcript Redaction Request within 21 calendar days. If a party fails to request redaction, this unredacted transcript may be made electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the court public terminal at no charge or may purchase a copy from the court reporter. (Re: [50] Minutes of Motion Hearing,, Setting/Resetting Deadline(s)/Hearing(s), ) (bpn, CrtRptr)

Aug. 16, 2024

Aug. 16, 2024

PACER
52

SUPPLEMENT (Second) (Re: [46] Joint MOTION for Preliminary Approval of Consent Decree, Class Certification, and Plan of Notice to Class ) by Leslie Briggs, Henry A Meyer, III, Evan Watson (DeMuro, Paul)

Aug. 21, 2024

Aug. 21, 2024

PACER
53

OPINION AND ORDER by Judge Gregory K Frizzell, setting/resetting deadline(s)/hearing(s): ( Miscellaneous Deadline set for 9/13/2024) (Re: [46] Joint MOTION for Preliminary Approval of Consent Decree, Class Certification, and Plan of Notice to Class, [52] Supplement ) (crp, Dpty Clk)

Aug. 30, 2024

Aug. 30, 2024

Clearinghouse
54

LETTER from Governor J. Kevin Stitt, as Chairman of the Contingency Review Board (crp, Dpty Clk)

Sept. 3, 2024

Sept. 3, 2024

RECAP
55

SUPPLEMENT (Third) (Re: [46] Joint MOTION for Preliminary Approval of Consent Decree, Class Certification, and Plan of Notice to Class ) by Leslie Briggs, Henry A Meyer, III, Evan Watson (DeMuro, Paul)

Sept. 9, 2024

Sept. 9, 2024

RECAP
56

ORDER by Judge Gregory K Frizzell ; setting/resetting deadline(s)/hearing(s): (Written Objections due by 12/9/2024; Motion for Final Approval due by 12/9/2024) ( Motion Hearing set for 1/15/2025 at 09:30 AM before Judge Gregory K Frizzell); granting [46] Motion for Miscellaneous Relief (Re: [55] Supplement, [46] Joint MOTION for Preliminary Approval of Consent Decree, Class Certification, and Plan of Notice to Class ) (kjp, Dpty Clk)

Sept. 19, 2024

Sept. 19, 2024

Clearinghouse
57

LETTER from Governor J. Kevin Stitt Re: Contingency Review Board Notice (kjp, Dpty Clk) (Entered: 10/10/2024)

Oct. 10, 2024

Oct. 10, 2024

PACER
58

ORDER by Judge Gregory K Frizzell, setting/resetting deadline(s)/hearing(s): To be held at the Boulder Building, Courtroom 3 ( Status Hearing set for 11/1/2024 at 01:30 PM before Judge Gregory K Frizzell) (kjp, Dpty Clk) (Entered: 10/10/2024)

Oct. 10, 2024

Oct. 10, 2024

PACER
59

ATTORNEY APPEARANCE by William Walker O'Connor on behalf of Allie Friesen [Note: Attorney William Walker O'Connor added to party Allie Friesen(pty:dft).] (O'Connor, William) (Entered: 10/14/2024)

Oct. 14, 2024

Oct. 14, 2024

PACER
60

ATTORNEY APPEARANCE by Brian Timothy Inbody on behalf of Allie Friesen [Note: Attorney Brian Timothy Inbody added to party Allie Friesen(pty:dft).] (Inbody, Brian) (Entered: 10/14/2024)

Oct. 14, 2024

Oct. 14, 2024

PACER
61

ATTORNEY APPEARANCE by John T Richer on behalf of Allie Friesen [Note: Attorney John T Richer added to party Allie Friesen(pty:dft).] (Richer, John) (Entered: 10/14/2024)

Oct. 14, 2024

Oct. 14, 2024

PACER
62

ATTORNEY APPEARANCE by Kristen Pence Evans on behalf of Allie Friesen [Note: Attorney Kristen Pence Evans added to party Allie Friesen(pty:dft).] (Evans, Kristen) (Entered: 10/14/2024)

Oct. 14, 2024

Oct. 14, 2024

PACER
63

ATTORNEY APPEARANCE by William Walker O'Connor on behalf of Allie Friesen [Note: Attorney William Walker O'Connor added to party Allie Friesen(pty:ip).] (O'Connor, William) (Entered: 10/15/2024)

Oct. 15, 2024

Oct. 15, 2024

PACER

Case Details

State / Territory: Oklahoma

Case Type(s):

Jail Conditions

Disability Rights

Mental Health (Facility)

Key Dates

Filing Date: March 1, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All persons who are now, or will be in the future, charged with a crime in Oklahoma state court and are: (i) declared incompetent by the state court; (ii) incarcerated in a county jail or similar detention facility; (iii) court-ordered to receive restoration services; and (iv) placed on the Oklahoma Forensic Center competency waitlist or who otherwise have not received restoration treatment services within a constitutionally acceptable time.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Oklahoma, State

Oklahoma (Vinita, Craig), State

Defendant Type(s):

Jurisdiction-wide

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

State law

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Conditions of confinement

Pattern or Practice

Disability and Disability Rights:

Disability, unspecified

Mental impairment

Reasonable Accommodations

Discrimination Area:

Accommodation / Leave

Discrimination Basis:

Disability (inc. reasonable accommodations)

Jails, Prisons, Detention Centers, and Other Institutions:

Commitment procedure

Placement in mental health facilities

Medical/Mental Health Care:

Intellectual/Developmental Disability

Mental health care, general