Plaintiff Kelly J. Barlean sued defendant Oklahoma County Criminal Justice Authority (OCCJA) 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. OCCJA moved to dismiss Barlean’s claims under Rule 12(b)(6).
Factual Overview
Barlean alleged that during his eight-day pretrial detention at the Oklahoma County Detention Center (OCDC) in June 2021, he was denied access to a CPAP machine for his severe obstructive sleep apnea. He claimed this denial violated his rights under the ADA, RA, and Fourteenth Amendment. Barlean also alleged that OCCJA conspired to classify him as an “unaffiliated gang member” and force him to smuggle gold into the detention center. He further contended that the agreement between OCCJA and Turn Key Health Clinics, LLC, which provided that Turn Key was not responsible for prosthetic devices, was unconstitutional.
Legal Analysis
ADA and RA Claims: The court found that Barlean failed to plead sufficient facts to establish a disability within the meaning of the ADA. The incomplete 1999 sleep study attached to his complaint did not provide a definitive diagnosis of severe obstructive sleep apnea. Additionally, Barlean did not allege that he was discriminated against because of his medical condition or disability, as he claimed he was treated like every other inmate.
Declaratory and Injunctive Relief: The court determined that Barlean lacked standing to seek declaratory and injunctive relief regarding the agreement between OCCJA and Turn Key. Barlean failed to demonstrate a good chance of being similarly injured in the future, as he was no longer an inmate at OCDC.
Civil Conspiracy Claim: The court dismissed Barlean’s civil conspiracy claim, finding that he failed to allege a deprivation of constitutional rights by OCCJA. His allegations regarding forced gold smuggling did not identify a municipal policy or custom as the “moving force” behind his alleged injury. The court also found no constitutional violation in Barlean’s classification as an “unaffiliated gang member” or in the denial of a CPAP machine.
Deliberate Indifference to Medical Needs: The court concluded that Barlean’s allegations, at most, suggested a delay in medical treatment not resulting in substantial harm or medical malpractice, which are insufficient to state a claim for deliberate indifference. The court noted that Barlean was seen by medical staff and that a difference of opinion in medical treatment does not suffice to state a cognizable claim for deliberate indifference.
Unconstitutional Government Policy: The court dismissed Barlean’s claim that OCCJA had an unconstitutional policy of not providing prescribed medical prosthetic devices to inmates. The court found that the agreement between OCCJA and Turn Key did not show that it was the “moving force” behind Barlean’s alleged injury, as it only relieved Turn Key of responsibility for procuring and paying for prosthetic devices and did not address OCCJA’s obligations.
The court granted OCCJA’s motion to dismiss and dismissed without prejudice Counts 1, 2, 13, 14, and 17 as to OCCJA, while dismissing with prejudice Count 1 to the extent it sought to impose liability on Dr. Winchester.
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