United States District Court, W.D. Oklahoma
MILES-LaGRANGE UNITED STATES DISTRICT JUDGE
the Court is defendant City of Oklahoma City's
(“City”) Motion to Dismiss, filed June 5, 2017.
On June 26, 2017, plaintiff filed his response, and on July
3, 2017, City filed its reply.
18, 2016, plaintiff's wife called the police and told
them that plaintiff was not allowed to be at his current
location. Defendant Officer Gran Wheeler located plaintiff,
arrested him, and kept him in the Oklahoma County Jail for
three nights. Plaintiff alleges that he was wrongfully
arrested, without any probable cause or reasonable suspicion,
by Defendant Wheeler and that he was kept in the Oklahoma
County Jail without cause.
12, 2017, plaintiff filed the instant action in the District
Court of Oklahoma County, State of Oklahoma. Plaintiff
asserts the following claims against defendants: (1) unlawful
seizure under the Fourth Amendment to the United States
Constitution and the Oklahoma Constitution; (2) assault and
battery and negligent entrustment; (3) false arrest; (4)
negligence; and (5) intentional infliction of emotional
distress. These claims are brought under the Oklahoma
Governmental Tort Claims Act (“GTCA”) and 42
U.S.C. § 1983. On June 5, 2017, City removed this action
to this Court. City now moves, pursuant to Federal Rule of
Civil Procedure 12(b)(1) and (6), to dismiss it from this
State law claims
asserts that it is entitled to dismissal on plaintiff's
state law claims because plaintiff failed to comply with the
notice provisions of the GTCA prior to filing this action.
“Notice is a jurisdictional prerequisite to bringing an
action under the GTCA. Failure to present written notice as
required by the GTCA results in a permanent bar of any action
derivative of the tort claim.” Harmon v.
Cradduck, 286 P.3d 643, 652 (Okla. 2012) (internal
citations omitted). The GTCA provides, in pertinent part:
A. Any person having a claim against the state or a political
subdivision within the scope of Section 151 et seq. of this
title shall present a claim to the state or political
subdivision for any appropriate relief including the award of
B. Except as provided in subsection H of this section, and
not withstanding any other provision of law, claims against
the state or a political subdivision are to be presented
within one (1) year of the date the loss occurs. A claim
against the state or a political subdivision shall be forever
barred unless notice thereof is presented within one (1) year
after the loss occurs.
* * *
D. A claim against a political subdivision shall be in
writing and filed with the office of the clerk of the
Okla. Stat. tit. 51, § 156 (A), (B), (D).
response, plaintiff admits he did not serve the City Clerk of
the City of Oklahoma City as required under the GTCA.
Plaintiff contends that he was informed that the Oklahoma
City Police Department is under the direction and control of
the Oklahoma City Office of Management and
Enterprises. However, the Oklahoma City Office of
Management and Enterprises does not exist and the ...