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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA

(1) ROBBIE EMERY BURKE, as Special
Administratrix of the Estate of BILLY WOODS,
Deceased,
Plaintiff,
vs.

)
)
)
)
)
)
)
)
)

(1) MUSKOGEE COUNTY COUNCIL OF

)
YOUTH SERVICES (“MCCOYS”),
)
a Domestic Not-for-Profit Corporation,
)
(2) BOARD OF COUNTY COMMISSIONERS )
OF MUSKOGEE COUNTY, OKLAHOMA, )
(3) STATE OF OKLAHOMA, ex rel.,
)
OFFICE OF JUVENILE AFFAIRS (“OJA”), )
(4) JERROD LANG,
)
(5) BRANDON MILLER,
)
(6) ANGELA MILLER,
)
(7) MARIETTA WINKLE, and
)
(8) STEVEN BUCK,
)

Case No.:

18-CV-108-RAW

Jury Trial Demanded
Attorney Lien Claimed

)
)

Defendants.

COMPLAINT
COMES NOW the Plaintiff Robbie Emery Burke (“Plaintiff”), as the Special
Administratrix for the Estate of Billy Woods, deceased (“Billy” or “Mr. Woods”), and for
her Complaint against the above-named Defendants alleges and states as follows:
INTRODUTORY STATEMENT
1.

As described herein, Billy Woods tragically and needlessly died on

December 15, 2016. He was just 16-years-old. Billy died alone in his room at the
Muskogee County Regional Juvenile Detention Center (hereinafter, “MJDC” or “the
Facility”) after hanging himself with a bed sheet. In truth, however, this young man died

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as a proximate result of reckless neglect and deliberate indifference to his serious medical
and mental health needs. The lack of supervision, competent care and compassion Billy
encountered at MJDC is shocking and heartbreaking. During his short stay at MJDC, Billy
came into contact with numerous detention workers, including Defendant Shift Supervisor
Jerrod Lang (“Lang”). Each of these detention workers had an opportunity and duty to
help Billy. Any one of these individuals could have -- easily -- saved Mr. Woods’ life had
they followed simple procedures or shown him even a modicum of human decency. Yet,
none of them could be bothered to take the most minimal steps to address Billy’s
conspicuous and serious medical and mental health needs.
2. 

Indeed, Lang enhanced the risks to this vulnerable boy by humiliating and

belittling him, only to later refuse to check on him for hours. And in a horrendous display
of inhumanity, after Billy was found unresponsive in his room with the make-shift noose
tied around his neck, Lang left Billy to go take an extended cigarette break. As valuable
time was wasting, no one at the Facility attempted CPR, no one removed the noose from
Billy’s neck and no one called 911 (for 20 minutes). Rather, while an unconscious sixteenyear-old boy laid under a sink, Lang was puffing on a cigarette. A half an hour later, Billy
was pronounced dead. This is gross negligence. This is inhumane mistreatment. This is
deliberate indifference.
PARTIES
3. 

Plaintiff, Robbie Emery Burke (“Plaintiff”), is a resident of Tulsa County,

Oklahoma, and the duly-appointed Special Administratrix of the Estate of Mr. Woods. The
survival causes of action in this matter are based on violations of Mr. Woods’ rights under

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the Eighth and/or Fourteenth Amendment to the United States Constitution and Oklahoma
Law.
4. 

Defendant Muskogee County Council of Youth Services (“MCCOYS”) is

a private, domestic, not-for-profit corporation. At all pertinent times, MCCOYS staffed
and operated the Muskogee County Regional Juvenile Detention Center under a
subcontract with Defendant Board of County Commissioners for Muskogee County.
MCCOYS was at all times relevant hereto responsible, in part, for assuring that the basic
medical, mental health and safety needs of residents at MJDC, including Billy, were met.
MCCOYS was additionally responsible, in part, for creating and implementing policies,
practices, protocols and customs related to the protection of, and provision of medical and
mental health care to, residents at MJDC, and for training and supervising its employees.
MCCOYS was, at all times relevant hereto, endowed by the County with powers or
functions governmental in nature, such that MCCOYS became an agency or
instrumentality of the State and subject to its constitutional limitations.
5. 

Defendant Board of County Commissioners of Muskogee County (“BOCC”

or the “County”) is a statutorily-created governmental entity. As a matter of Oklahoma
law and contract with OJA, the County has a duty to provide for the temporary detention
of children who are or may be subject to secure detention as required by l0A O.S. §2- 3103. Additionally, the County was authorized, pursuant to Oklahoma statutory law (10A
O.S. §2-3-103), to contract with a private agency, such as MCCOYS, for the operation of
a juvenile detention facility.

The County had a duty to ensure that any such

“subcontractor”, like MCCOYS, had the ability to comply with applicable court orders and
standards for juvenile detention services and facilities adopted by the Board of Juvenile

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Affairs, OAC 377:3-13, Part 3. Requirements for Secure Detention Facilities. The County
had a Constitutional duty to ensure that all residents at MJDC were properly cared for, and
protected, within the minimum standards required under the United States and Oklahoma
Constitutions.

The County was additionally responsible, in part, for creating and

implementing policies, practices, protocols and customs related to the protection of, and
provision of medical and mental health care to, residents at MJDC.
6. 

Defendant State of Oklahoma ex rel Office of Juvenile Affairs (“OJA”) is a

sovereign entity sued for money damages only to the extent allowed by the Oklahoma
Governmental Tort Claims Act (“GTCA”) or other applicable law. Juvenile residents at
MJDC, including Billy, were under OJA custody.

As such, OJA had a legal and

Constitutional duty to ensure the safekeeping of residents like Billy. In this regard, OJA
adopted standards for juvenile detention services and facilities, OAC 377:3-13, Part 3.
Requirements for Secure Detention Facilities. As such, OJA had an obligation to take
reasonable measures to assure that these minimal standards were complied with at MJDC.
7. 

Defendant Jerrod Lang (“Lang”) was, at all times relevant hereto, a staff

member, and supervisor, at MJDC, acting under color of state law, and within the scope of
his employment, as an employee or agent of MCCOYS, the County and OJA. Lang was
responsible, in part, for assuring that the MJDC residents under his care and supervision,
like Billy, were adequately cared for and that their basic safety, medical and mental health
care needs were met.
8. 

Defendant Brandon Miller (“Miller”) was, at all times relevant hereto, a

staff member at MJDC, acting under color of state law, and within the scope of his
employment, as an employee or agent of MCCOYS, the County and OJA. Miller was

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responsible, in part, for assuring that the MJDC residents under his care and supervision,
like Billy, were adequately cared for and that their basic safety, medical and mental health
care needs were met.
9. 

Defendant Angela Miller (“A. Miller”) was, at all times relevant hereto, a

staff member at MJDC, acting under color of state law, and within the scope of her
employment, as an employee or agent of MCCOYS, the County and OJA. A. Miller was
responsible, in part, for assuring that the MJDC residents under her care and supervision,
like Billy, were adequately cared for and that their basic safety, medical and mental health
care needs were met.
10. 

Defendant Marietta Winkle (“Winkle”) was, at all times relevant hereto, a

staff member at MJDC, acting under color of state law, and within the scope of her
employment, as an employee or agent of MCCOYS, the County and OJA. Winkle was
responsible, in part, for assuring that the MJDC residents under her care and supervision,
like Billy, were adequately cared for and that their basic safety, medical and mental health
care needs were met.
11. 

Defendant Steven Buck (“Mr. Buck”), was, at all pertinent times, Executive

Director of OJA.

As Executive Director, Mr. Buck is responsible for the overall

management of the agency's portfolio of operated and contracted programs and services.
As Executive Director, Mr. Buck has responsibility for maintaining OJA policies, protocols
and customs and a supervisory duty to assure that juvenile residents under OJA custody,
like Billy, have their basic safety, medical and mental health care needs met. At all times,
Mr. Buck was acting under color of state law. Mr. Buck is sued in his individual capacity
under a supervisory liability theory.

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JURISDICTION AND VENUE
12. 

The acts giving rise to this lawsuit occurred in Muskogee County, State of

Oklahoma, within this judicial district.
13. 

Prior to bringing this Complaint, Plaintiff complied with the tort claim

notice provisions of the Oklahoma Government Tort Claim Act (“GTCA”), 51 O.S. § 151,
et seq., by notifying Defendants of her intent to file state law claims in connection with the
events and injuries described herein. The GTCA process has been exhausted. This action
is timely brought pursuant to 51 O.S. § 157.
14. 

The jurisdiction of this Court is invoked pursuant to 28 U.S.C. § 1343 to

secure protection of, and to redress deprivations of, rights secured by the Eighth and/or
Fourteenth Amendments to the United States Constitution as enforced by 42 U.S.C. § 1983,
which provides for the protection of all persons in their civil rights and the redress of
deprivation of rights under color of law.
15. 

The jurisdiction of this Court is also invoked under 28 U.S.C. § 1331 to

resolve a controversy arising under the Constitution and laws of the United States,
particularly the Eighth and/or Fourteenth Amendments to the United States Constitution
and 42 U.S.C. § 1983.
16. 

This Court has supplemental jurisdiction over the state law claims asserted

herein pursuant to 28 U.S.C. § 1367, since the claims form part of the same case or
controversy arising under the United States Constitution and federal law.
17. 

Venue is proper under 28 U.S.C. § 1391(b) because a substantial part of the

events or omissions giving rise to Plaintiff’s claims occurred in this judicial district.

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FACTUAL ALLEGATIONS
18. 

Billy Woods was just a 16-year-old boy when he was brought to MJDC on

December 14, 2016. Billy was admitted to MJDC for a mere curfew violation. At the
time, MJDC was operated by Muskogee County Council of Youth Services (“MCCOYS”)
under a subcontract with Defendant Board of County Commissioners for Muskogee
County (the “County” or “BOCC”).1 Shift Supervisor Lang, a MCCOYS employee, arrived
at MJDC at around 3:00 p.m. and began conducting the resident intake process for Billy.
However, Lang asserts that Billy did not cooperate with the process. As such, Billy was
initially placed alone in a room for four (4) hours, without having the intake process
completed. When Lang and Billy resumed the intake procedure, Billy told Lang that he
“had tried to commit suicide ‘a lot.’” (emphasis added). Billy specifically informed Lang
that his most recent suicide attempt occurred just one month prior to being placed at
MJDC, and that he had tried to hang himself on multiple occasions. Thus, the suicide risk
presented was known, substantial and documented.
19. 

More generally, it is well established that detained youth are at heightened

and excessive risk of self-harm. As stated in peer-reviewed medical literature:
Suicide is the third leading cause of death in young people aged 15 to 24
years, affecting 9.5 per 100,000 adolescents in 2003. Suicide among youth
has nearly doubled since 1950, increasing at a faster rate than among groups
25 years and older. Suicide is an even greater risk in incarcerated youth;
available national data suggest that prevalence rates of completed suicide
are between 2 and 4 times higher among youth in custody than among
youth in the community. Incarcerated youth have characteristics commonly
associated with increased risk for suicide, such as high rates of psychiatric
   

Juveniles housed at MJDC were technically under the custody of Oklahoma
Department of Juvenile Affairs (“OJA”). However, MJDC is a County facility that
was staffed with MCCOYS employees and agents. 
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disorder and trauma. Conditions associated with confinement, such as
separation from loved ones, crowding, locked sleeping rooms, and solitary
confinement, may also increase risk for suicide.
Abram, K, “Suicidal Ideation and Behaviors Among Youth in Juvenile Detention”, J Am
Acad Child Adolesc Psychiatry. 2008 Mar; 47(3): 291–300 (emphasis added).
20. 

Nevertheless, the County and MCCOYS did little, if anything, to alleviate

these known risks. On the contrary, as demonstrated by this case, through their acts and
omissions, the County and MCCOYS exacerbated and aggravated the already excessive
risks and dangers.
21. 

Lang purportedly filled out a written “suicide assessment” form

contemporaneously with the intake process.

Oddly, Billy did not sign the suicide

assessment form, though he did sign all of the other intake forms. Lang did not place Billy
on suicide watch and did not seek to secure any mental health assessment or treatment for
Billy. Rather, Billy was placed in Room 1 at the Facility. Because Billy was not placed
on suicide precautions, he had access to a flat sheet, a fitted sheet, one or two blankets and
a pillow case. In addition, Room 1 was the only room in the Facility equipped with a
handicap accessible bar across the front of the sink. In other words, Room 1 was the most
dangerous possible placement for a young man with a known, and recent, history of
attempted suicide by hanging. Room 1 presented the perfect means and opportunity for
suicide by hanging.
22. 

Despite being tasked with conducting the suicide assessment, Lang had no

training or education in psychology or psychiatry. Moreover, Lang was never provided
with any training by OJA, the County or MCCOYS in recognizing or identifying the signs
and symptoms of suicidal ideation. The Facility relies on shift supervisors, like Lang, to

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conduct all such suicide assessments despite their clear lack of qualifications, education or
training. Simply put, in deliberate indifference to the known and obvious risks to the
juvenile resident population, the MCCOYS, the County and OJA failed to assure that the
Facility had any qualified mental health professional to administer suicide assessments for
the youthful residents.
23. 

The obvious and excessive risks of placing Billy in Room 1 could have been

lessened by compliance with Oklahoma’s minimal Juvenile Detention Standards. For
instance, the Juvenile Detention Standards require that “[a]ny juvenile shall be visibly
observed by a staff member every 15 minutes, and this must be documented.” OAC 377:313-44 at (15)(B). However, in clear violation of this requirement, Billy was not observed
by MJDC staff every 15 minutes. On the contrary, there was a period of time, on December
15, 2016, when Woods was not checked on by staff for over two (2) hours. Making matters
worse, MJDC staff, including Lang, falsely reported, on the daily notes form, that they had
checked on Billy every 15 minutes, when video evidence proves they did not. In fact, the
December 15 daily notes form was “pre-emptively filled out for the entire 3:00 pm to 11:00
pm shift […].”
24. 

Adding insult to injury, there is evidence that Lang “made fun of the way

Woods talked”, belittled Billy and ridiculed him about his middle name, Duane. This
mistreatment caused Billy to be withdrawn from the other residents and to stay in his room.
It is unconscionable that Lang would ridicule and belittle a troubled 16-year-old boy with
a known history of suicide attempts. In this regard, such mistreatment constitutes a clear
violation of the Juvenile Detention Standards’ prohibition against punishment by
“humiliation [or] mental abuse[…].” OAC 377:3-13-42(7). Moreover, by belittling and

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humiliating this highly vulnerable young man, Lang greatly enhanced the already
significant risk that Billy would harm himself. Indeed, Lang created this enhanced danger
in deliberate indifference to Woods’ serious mental health needs. See, e.g., Conradt v. NBC
Universal, Inc., 536 F. Supp. 2d 380, 394–95 (S.D.N.Y. 2008) (“[A] reasonable jury could
find that NBC persuaded the police officers to engage in tactics … in a manner that they
knew would publicly humiliate a public servant […], thereby creating or enhancing the
risk of suicide or other danger, without taking any steps to prevent a foreseeable injury.”)
(emphasis added).
25. 

As noted above, Billy was infrequently monitored during the 3:00 p.m. to

11:00 p.m. shift of December 15, 2016. The daily notes form indicates that detention
worker Defendant Brandon Miller (“Miller”) and Lang checked on Billy at 6:45 p.m., 7:00
p.m., 7:15 p.m., 7:30 p.m., 7:45 p.m., 8:00 p.m., 8: 15 p.m., and 8:30 p.m. However, video
evidence proves that none of these purported welfare checks actually occurred. As one
particularly stunning example of neglect, at approximately 7:32 p.m., Miller placed his
hand on the door to Billy’s room, but did not bother to check on him. Then, at around 7:37
p.m., Miller was standing right beside the door to Room 1, but failed to look in on him.
This constitutes deliberate indifference to Billy’s serious medical and mental health needs.
In addition, Lang and Defendant Marietta Winkle (“Winkle”) can be seen, on numerous
occasions, right outside of Billy’s cell, but neither Lang nor Winkle took the minimum,
and mandated, action of checking on him.
26. 

When Lang finally got around to actually checking on Billy, at 8:36 p.m.,

which was over two (2) hours after the last observation, he discovered Woods unconscious
and unresponsive in Room 1. Billy’s skin appeared to be “purple” or grey in color and he

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had spittle hanging from his lip. There was a sheet tied around Billy’s neck. The other
end of the sheet was tied to the handicap bar under the sink.
27. 

Amazingly, Lang did not remove the sheet from Billy’s neck. Instead, he

closed the door, leaving Billy in Room 1 with the sheet still around his neck, and
instructed staff to place the other residents on lock down. Lang did not perform CPR on
Billy. Moreover, and inexplicably, Lang instructed Miller not to conduct CPR. None of
the staff members performed CPR. Winkle admitted that while he did enter Billy’s room
after he was found unresponsive, she did not attempt to loosen the sheet around his neck,
check for a pulse, check for respiration, or perform CPR.
28. 

Lang’s only explanation for his failure to assist Billy is that he was in shock

and panicked. Lang knew that Billy’s purplish color meant that he had been depleted of
oxygen. Yet, he still refused any attempt to assist him, while also obstructing Miller from
providing CPR. Rather than take any measures to resuscitate or otherwise assist the
unresponsive Mr. Woods, Lang exited the Facility and “smoked a bunch of cigarettes.”
While Lang was taking this smoke break, a sixteen-year-old boy under his care was still in
Room 1, unresponsive with a make-shift noose around his neck.
29. 

Lang’s handling of this situation constitutes a shocking level of neglect,

inhumanity and utter indifference to Billy’s serious, obvious and emergent medical needs.
And Miller and Winkle’s failure to intervene and provide assistance to Billy also
constitutes deliberate indifference to his serious, obvious and emergent medical needs.
30. 

MJDC policy requires that “[i]f a juvenile is seriously injured or has a

medical emergency, the following procedures should be followed: 1) One staff member is
to administer first aid if necessary. One staff member is to secure the remaining population.

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2) The Administrator is to be called immediately. If it is a life or death situation the shift
supervisor is to call 911 before notifying the Administrator.” Here, wasting more valuable
time, in violation of this policy, staff called the Facility Administrator prior to calling 911.
Indeed, 911 was not called until 8:56 p.m., twenty (20) minutes after Billy had been
discovered unconscious in Room 1. Detention worker Angela Miller (“A. Miller”) was
tasked with calling 911, but can provide no explanation for the twenty-minute delay. As
the clock ticked, and Lang puffed on his cigarette, any hope of saving Billy’s life quickly
vanished.
31. 

According to the Medical Examiner’s Report, Billy was pronounced dead

at 9:05 p.m. on December 15, 2016. The stated “cause of death” was “hanging” and the
“manner of death” was “suicide”. But the true cause of death was the prevailing attitude of
indifference and gross incompetence exhibited by the MJDC staff, including Lang, Miller,
A. Miller and Winkle.
32. 

A subsequent investigation was conducted by the Oklahoma Department of

Human Services’ (“DHS”) Office of Client Advocacy (“OCA”). The investigation focused
on whether personnel at MJDC, including Lang, Miller, Angela Miller and Winkle,
violated the Oklahoma Children’s Code’s proscription of child “Neglect” and/or child
“Abuse”. Through the investigation, OCA determined that the allegations of neglect
against Lang, Miller, Angela Miller and Marietta Winkle were substantiated and the
allegations of abuse against Lang were substantiated. Therefore, Plaintiff may properly
allege and establish negligence per se liability. See, e.g., Howard v. Zimmer, Inc., 2013 OK
17, ¶ 13, 299 P.3d 463, 467-68.

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33. 

Billy’s horrific death was no freak accident. On the contrary, his death was

as foreseeable as it was preventable. Through their established policies, practices, and
customs, the County and MCCOYS disregarded known and substantial risks to the health
and safety of inmates like Billy Woods.
Failure to Train / Failure to Supervise
34. 

Despite being promoted to a supervisor position, Lang did not receive any

formal training in how to work, let alone supervise, at the Facility. It is mandated that
“[a]ll staff shall be trained on facility policy and procedure and a training record be
established for each staff member.” OAC 377:3-13-43(8). Nevertheless, there was general
confusion and disagreement about the Facility policies and protocols due to a lack of
training and education. Detention workers and supervisors alike did not know or
understand the Facility policies. For example, and pertinently, the Facility’s suicide
precaution policy requires that “[w]hen the juvenile is in his/her room they are monitored
by intercom and visually observed every five (5) minutes.” However, Lang, Miller and
Winkle had no knowledge of the 5-minute observation requirements for suicide watch, and
none of them knew residents were to be monitored with the intercom. While A. Miller was
stationed at the control center, and could have monitored Billy via intercom, she failed to
do so, presumably due to her lack of training on the policies and procedures. This simple
measure, of using the intercom to monitor Billy, very well could have saved his life.
However, the County and MCCOYS did not care enough about the welfare of MJDC
residents to train the staff concerning this basic safety measure.
35. 

The Juvenile Detention Standards additionally require that “[t]he secure

juvenile detention facility shall develop and maintain written policy and procedure which:

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[…] assures that detention staff and other personnel are trained to respond to health related
situations; and establishes a training program that includes: […] administration of first aid
and cardiopulmonary resuscitation (CPR) [and] signs and symptoms of mental illness,
retardation and drug and alcohol abuse[…].” OAC 377:3-13-45(6)(E). The County and
MCCOYS also fundamentally failed to comply with these requirements.
36. 

As noted above, despite Shift Supervisors being tasked with conducting

suicide assessments, the supervisors were provided with no formal training on recognizing
signs and symptoms of suicidal ideation or behaviors. Lang and the other staff were simply
left to their own devices to “figure things out […].” This failure to train and supervise the
under-qualified staff was destined for disaster. Without anyone having the requisite
training and qualifications in mental health at MJDC, the entire resident population,
including Billy, was put at unnecessary and excessive risk of harm.
37. 

Overall, the County and MCCOYS utterly failed to train and supervise

MJDC staff with respect to basic, and essential, policies and procedures necessary to the
safety of the juvenile residents, in deliberate indifference to the harm likely to result.
Inadequate Staffing
38. 

The Facility also has severe and chronic staffing deficiencies which place

the residents at increased and substantial risk of harm. Lang was promoted to Shift
Supervisor after working at the Facility for approximately four (4) months. And before
being promoted, Lang turned the promotion down twice. Lang was promoted so quickly
because the Facility was “short staffed.” All of the staff at the Facility in December 2016
had worked there for less than one (1) year and were considered to be “short-term”.

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39. 

With respect to staffing, the Juvenile Detention Standards require “[a]

minimum of two direct-care staff […] on duty at all times in the facility … [and that]
[j]uveniles in detention shall be supervised at all times.” OAC 377:3-13-44(4). According
to Ms. Winkle, on Friday and Saturday nights, she was the only direct care staff member
at the Facility. And the Facility relies upon maintenance personnel to “check on” the
residents. The lack of adequate and competent staff was a moving force behind Billy’s
suffering and death.
Other Disturbing Evidence of an Unconstitutional Custom
40. 

Unfortunately, though unsurprisingly, it appears that the reckless neglect of

Billy was not an isolated incident. OCA uncovered evidence that other young residents
were mistreated at the Facility and that the Facility lacked basic equipment necessary to
safely care for the juvenile population. For instance, as OCA found, “[a]n unknown male
resident was left unsupervised, by Miller, with access to a shaving razor for approximately
four minutes” and “[v]ideo showed the resident picking up the razor and rubbing his thumb
over the blades.” OCA further found that MJDC staff failed to check on other residents
for upwards of one hour and forty-five minutes, despite falsely documenting that such
checks took place every fifteen minutes. A staff member verbally abused yet another
juvenile referring to him as a “retard”. Lastly, OCA found that the Facility was not
equipped with a “cut down” tool for hanging victims or a defibrillator.

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CLAIMS FOR RELIEF
FIRST CLAIM FOR RELIEF
Cruel and Unusual Punishment in Violation of the Eighth
and/or Fourteenth Amendments to the Constitution of the United States
(42 U.S.C. § 1983)
A.  Underlying Constitutional Violations
41. 

Plaintiff re-alleges and incorporate by reference paragraphs 1 to 40, as

though fully set forth herein.
42. 

Lang, Miller, A. Miller and Winkle knew, or it was obvious, that Billy was

at significant risk of serious injury and harm, including death, as set forth herein.
43. 

Lang, Miller, A. Miller and Winkle failed to provide Billy with, or assure

that Billy was provided with, adequate medical care, mental health care, supervision and
protection while he was housed at MJDC.
44. 

Lang, Miller, A. Miller and Winkle’s acts and/or omission as alleged herein,

including but not limited to their failure to provide Billy with, or assure that Billy was
provided with, adequate safety precautions and supervision protection, medical and mental
health supervision, assessment and treatment, constitute deliberate indifference to Billy’s
serious health and safety needs.
45. 

As a direct and proximate result of Lang, Miller, A. Miller and Winkle’s

deliberate indifference, Billy experienced physical pain, severe emotional distress, mental
anguish, death and the damages alleged herein.
46. 

Lang enhanced the known dangers and excessive risks to Billy’s health and

safety by verbally abusing, belittling and humiliating him.

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B.

Municipal/Monell Liability (MCCOYS and the County)

47. 

Plaintiff re-alleges and incorporates by reference paragraphs 1 through 46

as though fully set forth herein.
48. 

MCCOYS and the County are “persons” for purposes of 42 U.S.C. § 1983.

49. 

At all times pertinent hereto, MCCOYS and the County were acting under

color of state law.
50. 

MCCOYS was endowed by the County with powers or functions

governmental in nature, such that MCCOYS became an instrumentality of the state and
subject to its Constitutional limitations.
51. 

MCCOYS and the County were charged with implementing, maintaining

and assisting in developing the policies and custom in place at MJDC, including the
standards adopted by OJA, with respect to the safekeeping, protection, supervision and
medical and mental health care of the juvenile residents at MJDC, including Billy, and
have a shared responsibility to adequately train and supervise their employees and
agents/MJDC staff.
52. 

There is an affirmative causal link between the aforementioned deliberate

indifference to Billy’s serious medical and mental health needs, his safety, and his civil
rights; and the following customs, policies, and/or practices which MCCOYS and the
County carried, maintained or otherwise possessed responsibility for.
Failure to Train / Failure to Supervise
53. 

Despite being promoted to a supervisor position, Lang did not receive any

formal training in how to work, let alone supervise, at the Facility. It is mandated that
“[a]ll staff shall be trained on facility policy and procedure and a training record be

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established for each staff member.” OAC 377:3-13-43(8). Nevertheless, there was general
confusion and disagreement about the Facility policies and protocols due to a lack of
training and education. Detention workers and supervisors alike did not know or
understand the Facility policies. For example, and pertinently, the Facility’s suicide
precaution policy requires that “[w]hen the juvenile is in his/her room they are monitored
by intercom and visually observed every five (5) minutes.” However, Lang, Miller and
Winkle had no knowledge of the 5-minute observation requirements for suicide watch, and
none of them knew residents were to be monitored with the intercom. While A. Miller was
stationed at the control center, and could have monitored Billy via intercom, she failed to
do so, presumably due to her lack of training on the policies and procedures. This simple
measure, of using the intercom to monitor Billy, very well could have saved his life.
However, the County and MCCOYS did not care enough about the welfare of MJDC
residents to train the staff concerning this basic safety measure.
54. 

The Juvenile Detention Standards additionally require that “[t]he secure

juvenile detention facility shall develop and maintain written policy and procedure which:
[…] assures that detention staff and other personnel are trained to respond to health related
situations; and establishes a training program that includes: […] administration of first aid
and cardiopulmonary resuscitation (CPR) [and] signs and symptoms of mental illness,
retardation and drug and alcohol abuse […].” OAC 377:3-13-45(6)(E). The County and
MCCOYS also fundamentally failed to comply with these requirements.
55. 

As noted above, despite Shift Supervisors being tasked with conducting

suicide assessments, the supervisors were provided with no formal training on recognizing
signs and symptoms of suicidal ideation or behaviors. Lang and the other staff were simply

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left to their own devices to “figure things out […].” This failure to train and supervise the
under-qualified staff was destined for disaster. Without anyone having the requisite
training and qualifications in mental health at MJDC, the entire resident population,
including Billy, was put at unnecessary and excessive risk of harm.
56. 

Overall, the County and MCCOYS utterly failed to train and supervise

MJDC staff with respect to basic, and essential, policies and procedures necessary to the
safety of the juvenile residents, in deliberate indifference to the harm likely to result.
Inadequate Staffing
57. 

The Facility also has severe and chronic staffing deficiencies which place

the residents at increased and substantial risk of harm. Lang was promoted to Shift
Supervisor after working at the Facility for approximately four (4) months. And before
being promoted, Lang turned the promotion down twice. Lang was promoted so quickly
because the Facility was “short staffed.” All of the staff at the Facility in December 2016
had worked there for less than one (1) year and were considered to be “short-term”.
58. 

With respect to staffing, the Juvenile Detention Standards require “[a]

minimum of two direct-care staff […] on duty at all times in the facility […] [and that]
[j]uveniles in detention shall be supervised at all times.” OAC 377:3-13-44(4). According
to Ms. Winkle, on Friday and Saturday nights, she was the only direct care staff member
at the Facility. And the Facility relies upon maintenance personnel to “check on” the
residents. The lack of adequate and competent staff was a moving force behind Billy’s
suffering and death.

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Other Disturbing Evidence of an Unconstitutional Custom
59. 

Unfortunately, though unsurprisingly, it appears that the reckless neglect of

Billy was not an isolated incident. OCA uncovered evidence that other young residents
were mistreated at the Facility and that the Facility lacked basic equipment necessary to
safely care for the juvenile population. For instance, as OCA found, “[a]n unknown male
resident was left unsupervised, by Miller, with access to a shaving razor for approximately
four minutes” and “[v]ideo showed the resident picking up the razor and rubbing his thumb
over the blades.” OCA further found that MJDC staff failed to check on other residents
for upwards of one hour and forty-five minutes, despite falsely documenting that such
checks took place every fifteen minutes. A staff member verbally abused yet another
juvenile referring to him as a “retard”. Lastly, OCA found that the Facility was not
equipped with a “cut down” tool for hanging victims or a defibrillator.
60. 

MCCOYS and the County knew (either through actual or constructive

knowledge), or it was obvious, that these policies, practices and/or customs posed
substantial risks to the health and safety of residents like Billy. Nevertheless, MCCOYS
and the County failed to take reasonable steps to alleviate those risks in deliberate
indifference to inmates’, including Mr. Pratt’s, serious mental health needs.
61. 

MCCOYS and the County tacitly encouraged, ratified, and/or approved of

the unconstitutional acts and/or omissions alleged herein.
62. 

There is an affirmative causal link between the aforementioned customs,

policies, and/or practices and Billy’s injuries and damages as alleged herein.

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C.

Supervisory Liability (Mr. Buck)

63. 

Plaintiff re-alleges and incorporates by reference paragraphs 1 through 62

as though fully set forth herein.
64. 

Mr. Buck was, at all pertinent times, Executive Director of OJA. As

Executive Director, Mr. Buck is responsible for the overall management of the agency's
portfolio of operated and contracted programs and services. As Executive Director, Mr.
Buck has responsibility for maintaining OJA policies, protocols and customs and a
supervisory duty to assure that juvenile residents under OJA custody, like Billy, have their
basic safety, medical and mental health care needs met.
65. 

There is an affirmative link between the aforementioned violation of Billy’s

constitutional rights and policies, practices and/or customs (described more fully in
paragraphs 53-59, supra) which Mr. Buck possessed responsibility for.
66. 

Mr. Buck knew and/or it was obvious that the maintenance of the

aforementioned policies, practices and/or customs posed an excessive risk to the health and
safety of residents like Billy.
67. 

Mr. Buck disregarded the known and/or obvious risks to the health and

safety of citizens like Billy.
68. 

There is an affirmative causal link between the aforementioned customs,

policies, and/or practices and Billy’s injuries and damages as alleged herein (including
death).

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SECOND CLAIM FOR RELIEF
Failure to Intervene
(42 U.S.C. § 1983)
69. 

Plaintiff re-alleges and incorporates by reference paragraphs 1 through 68

as though fully set forth herein.
70. 

In the manner described above, by their conduct and under color of law,

during the constitutional violations committed by Lang, Miller, A. Miller and Winkle, each
of these Defendants stood by without intervening to prevent the violation of Billy’s
constitutional rights, even though they had the opportunity and duty to do so.
71. 

As a direct and proximate result of Lang, Miller, A. Miller and Winkle’s

failure to intervene to prevent the violation of Billy’s constitutional rights, Billy suffered
the injuries and damages as alleged herein (including death).
72. 

These Defendants had a reasonable opportunity to prevent this harm, but

failed to do so.
73. 

The misconduct described in this Claim for Relief was objectively

unreasonable and was undertaken intentionally, with malice, willful and/or reckless
indifference to Billy’s constitutional rights.

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THIRD CLAIM FOR RELIEF
Negligence
(Defendants MCCOYS, OJA, County, Lang, Miller, A. Miller and Winkle)
74. 

Plaintiff re-alleges and incorporates by reference paragraphs 1 through 73

as though fully set forth herein.
75. 

MCCOYS, OJA, County, Lang, Miller, A. Miller and Winkle owed a duty

to Billy, and all other residents in custody, to use reasonable care to provide reasonable
protection from harm, safety precautions, supervision, and necessary medical and mental
health care.
76. 

MCCOYS, OJA, County, Lang, Miller, A. Miller and Winkle breached that

duty by failing to provide Billy with prompt and adequate medical and mental health care
despite Billy’s obvious needs.
77. 

MCCOYS, OJA, County, Lang, Miller, A. Miller and Winkle additionally

breached the duty of care by failing to provide Billy with reasonable protection, supervision
and safekeeping.
78. 

As a direct and proximate result of these Defendants’ negligence, Billy

experienced physical pain, severe emotional distress, mental anguish, death and the
damages alleged herein.
79. 

MCCOYS, OJA and the County are vicariously liable for the negligence of

its employees and agents.

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FOURTH CLAIM FOR RELIEF
Violation of Article II § 9 of the Constitution of the State of Oklahoma
Cruel and Unusual Punishment and Deliberate Indifference
(Defendants MCCOYS, OJA, County, Lang, Miller, A. Miller and Winkle)

80. 

Plaintiff re-alleges and incorporates by reference paragraphs 1 through 79,

as though fully set forth herein.
81. 

Article II § 9 of the Oklahoma Constitution prohibits the infliction of cruel

and unusual punishment. Under the Oklahoma Constitution’s Due Process Clause, Article
II § 7, the right to be free from cruel and unusual punishment extends to pre-trial detainees,
like Billy, who have yet to be convicted of a crime (in addition to convicted prisoners who
are clearly protected under Article II § 9).
82. 

The protections afforded to pre-trial detainees under the Oklahoma

Constitution’s Due Process Clause, Article II § 7, include the provision of adequate mental
health care and protection from harm while in custody.
83. 

As set forth herein, Defendants knew, or it was obvious, that Billy was at

significant risk of serious injury and harm.
84. 

Defendants failed to provide adequate protection, medical care, mental

health care and supervision to Billy while he was in custody.
85. 

Defendants’ acts and/or omission as alleged herein, including but not

limited to their failure to provide Billy with adequate protection, medical and mental health
care and supervision, assessment and treatment, and/or or to assure that Billy receive
adequate protection, medical and mental health care and supervision, assessment and
treatment, constitute deliberate indifference to Billy’s health and safety.

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86. 

As a direct and proximate result of these Defendants’ deliberate

indifference, Billy experienced physical pain, severe emotional distress, mental anguish,
death and the damages alleged herein.
87. 

At all times relevant, the MJDC personnel described in this Complaint were

acting within the scope of their employment and under the direct control of MCCOYS, the
County and/or OJA.
88. 

MCCOYS, OJA and the County are vicariously liable for the violations of

the Oklahoma Constitution committed by their employees and agents.
PRAYER FOR RELIEF
89. 

WHEREFORE, based on the foregoing, Plaintiffs pray that this Court grant

them the relief sought including, but not limited to, actual damages in excess of SeventyFive Thousand Dollars ($75,000.00), with interest accruing from date of filing of suit,
punitive damages (for the reckless disregard of Billy’s rights as described above) in excess
of Seventy-Five Thousand Dollars ($75,000.00), reasonable attorney fees, and all other
relief deemed appropriate by this Court.

Respectfully submitted,

/s/Daniel E. Smolen
Daniel E. Smolen, OBA #19943
Robert M. Blakemore, OBA #18656
Smolen, Smolen & Roytman, PLLC
701 S. Cincinnati Ave.
Tulsa, Oklahoma 74119
P: (918) 585-2667
F: (918) 585-2669
-and-

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Joel A. LaCourse, OBA #17082
Caleb Salmon, OBA # 32272
LaCourse Law, PLLC
715 S. Elgin Ave.
Tulsa, Oklahoma 74120
Telephone: 918.744.7100
Facsimile: 918.477.2299
Joel@lacourselaw.com

Attorneys for Plaintiff

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