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CONSIDERATION OF A RECOMMENDATION FROM THE CITY ATTORNEY THAT THE CITY COUNCIL APPROVE A SETTLEMENT IN THE AMOUNT OF $10,000 IN ROBERT RILEY PERRY VS. THE CITY OF NORMAN, CLEVELAND COUNTY DISTRICT COURT CASE NO. CJ-2014-328 TS.
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BACKGROUND: This case was brought by Robert Riley Perry as a result of injuries he is alleged to have sustained while being arrested for public intoxication and interference with official process after the 2013 Norman Music Festival. Perry has tentatively agreed to settle the case for $10,000.
DISCUSSION: Perry's petition was filed in Cleveland County District Court on March 20, 2014. It alleges an excessive force claim under Article 2, ? 30 of the Oklahoma Constitution. In Bosh v. Cherokee County Bldg. Authority, 2013 OK 9, 305 P.3d 994, the Oklahoma Supreme Court recognized a private cause of action for excessive force under Article 2, ?30 of the Oklahoma Constitution, notwithstanding the requirements and limitations provided by the Oklahoma Governmental Tort Claims Act, 51 O.S. ? 151 et seq. (OGTCA). Although the facts in Bosh arose out of excessive force alleged to have been committed by jailers, the case caused concern among Oklahoma municipalities because it appeared to apply to all law enforcement officers and to expose Oklahoma municipalities to unlimited damages.
On July 8, 2014, the district court granted the City's motion to dismiss the petition filed by Perry. The court ruled that Bosh does not apply when a plaintiff has an alternative cause of action under the OGTCA. Plaintiff appealed the district court's ruling to the Oklahoma Supreme Court. The Oklahoma Supreme Court retained jurisdiction and affirmed the district court's ruling. See Perry v. City of Norman, 2014 OK 119, 341 P.3d 689. The Court's decision benefits all municipalities in Oklahoma because it clarifies that the requirements and limitations set forth in the OGTCA, including but not limited to the cap on liability, apply to exces...
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