Plaintiff Kelly J. Barlean sued defendants Oklahoma County Criminal Justice Authority, Turn Key Health Clinics, LLC, and Dr. Mark Winchester in the United States District Court for the Western District of Oklahoma, raising claims under the Americans with Disabilities Act (ADA), Rehabilitation Act (RA), and 42 U.S.C. § 1983 for deliberate indifference to medical needs. Defendants Turn Key Health Clinics, LLC and Dr. Mark Winchester moved to dismiss plaintiff’s claims under Rule 12(b)(6).
Factual Overview
Barlean’s claims stem from his eight-day pretrial detention at the Oklahoma County Detention Center (OCDC) in June 2021. He alleged that he suffered from severe obstructive sleep apnea and required a CPAP machine, which he was not provided during his detention. Barlean claimed that Turn Key, the healthcare provider for OCDC, had a policy of not providing prosthetic devices to inmates, including CPAP machines. He also alleged that Dr. Winchester, a Turn Key employee, was deliberately indifferent to his medical needs.
Upon intake, Barlean was evaluated by a nurse who noted his medications and obtained a release for his medical records from the VA. The following day, Barlean reported medical concerns and was examined by Dr. Winchester, who prescribed medication for elevated blood pressure. On June 14, Barlean requested his CPAP machine from home and reported mild opiate withdrawal symptoms. Dr. Winchester developed a plan to address the withdrawal symptoms and indicated he would request a CPAP prescription from the VA if Barlean was not released that week. Barlean was released the following day.
Legal Analysis
ADA and RA Claims
The court dismissed Barlean’s ADA and RA claims against Turn Key without prejudice. The court found that Barlean failed to plead sufficient facts to establish a disability within the meaning of the ADA or RA, and did not identify any programs he was unable to participate in that other inmates were allowed to participate in.
Municipal Liability Claim
The court dismissed Barlean’s municipal liability claim against Turn Key without prejudice. The court found that Barlean failed to sufficiently allege an official policy or custom, causation, and deliberate indifference. The court noted that the agreement between Turn Key and OCCJA did not explicitly prohibit CPAP machines, and Barlean’s own allegations negated the claim that Turn Key had a policy of denying CPAP machines.
Deliberate Indifference Claim Against Dr. Winchester
The court dismissed Barlean’s deliberate indifference claim against Dr. Winchester without prejudice. The court found that Barlean failed to allege sufficient facts to satisfy the subjective component of a deliberate indifference claim under either a failure to properly treat theory or a gatekeeper theory. The court noted that Dr. Winchester provided ongoing medical care and developed a plan to address Barlean’s reported symptoms.
Declaratory and Injunctive Relief
The court dismissed Barlean’s claim for declaratory and injunctive relief without prejudice, finding that Barlean lacked standing to assert such relief and failed to show that the comprehensive health services agreement was the “moving force” behind his alleged injury.
The court granted the defendants’ motion to dismiss and dismissed the claims against Turn Key and Dr. Winchester without prejudice, except for the ADA claim against Dr. Winchester, which was dismissed with prejudice.
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