Date: 05-14-2015

Case Style: Marshall Edward Glover v. City of Tulsa

Case Number: CJ-2012-5685

Judge: Daman H. Cantrell

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Stan Monore, Ann Keele, Kirsten Palfreyman and Natelie Sears

Defendant's Attorney: Gerald Bender and Brandon Burris

Description: Tulsa, OK - Marshall Edward Glover sued the City of Tulsa on a governmental tort claim act negligence theory claiming:
1. Plaintiff is a resident of Tulsa, Oklahoma.
2. The events alleged herein occurred within Tulsa County, Oklahoma.
3. Defendant, City of Tulsa, Oklahoma is a political subdivision in Tulsa County, as defined by Title 51 O.S. § 151, et. seq, that has a police department — an agency exercising jurisdiction within Tulsa, Oklahoma, exclusively — and is responsible for implementing policies and/or customs that are followed by police department employees.
4. At all times material hereto, the Officer Jesse McNeal referred to in this Petition was a municipal police officer employed by the Tulsa Police Department (hereinafter “TPD”), and he acted within the scope of his employment.
5. At all times material hereto, the Officer Richard Urban, Jr. referred to in this Petition was a municipal police officer employed by the Tulsa Police Department (hereinafter “TPD”), and he acted within the scope of his employment.
6. Jurisdiction and venue are proper with this Court.
CAUSE OF ACTION - NEGLIGENCE
7. Paragraphs One through Six are adopted herein and re-stated in their entirety.
8. On June 13, 2012, Plaintiff while parked in a parking lot was approached by two uniformed Tulsa Police Officers — Officers Jesse McNeal and Richard Urban Jr. Plaintiff was arrested without legal cause and by use of unwarranted excessive force.
9. Tulsa Police Officer Jesse McNeal grabbed Plaintiff, threw him while handcuffed, against the police cruiser. He was then manhandled into the police cruiser by both officers, despite his protests that he had recently endured back surgery and was in severe pain. The police officers further denied the Plaintiff access to his pain medications and his cane.
8. As a result of the foregoing negligent, careless, and reckless actions of the aforementioned Tulsa Police Officers, Plaintiff Glover suffered permanent injury and disfigurement, endured great pain and mental anguish, and incurred bills for medical treatment.
9. As a direct and proximate result of the acts and omissions of the aforementioned Tulsa Police Officers, who were acting within the scope of their employment as TPD officers, Plaintiff Glover incurred damages as described above for which Defendant City of Tulsa should be liable.
10. Notice of this claim was timely given to Defendant City of Tulsa, and it was denied within ninety (90) days. Not more than one hundred eighty (180) days has passed since said claim was deemed denied.

Docket
Date Code Description Count Party Amount
10-29-2012 TEXT

Civil relief more than $10,000 Initial Filing.
1
10-29-2012 OTHER

GOVERNMENTAL TORT CLAIMS ACT

10-29-2012 DMFE

DISPUTE MEDIATION FEE
$ 2.00
10-29-2012 PFE1

PETITION

Document Available (#1019939375)
$ 163.00
10-29-2012 PFE7

LAW LIBRARY FEE
$ 6.00
10-29-2012 OCISR

Oklahoma Court Information System Revolving Fund
$ 25.00
10-29-2012 CCADMIN02

Court Clerk Administrative Fee on $2 Collections
$ 0.20
10-29-2012 OCJC

Oklahoma Council on Judicial Complaints Revolving Fund
$ 2.00
10-29-2012 OCASA

Oklahoma Court Appointed Special Advocates
$ 5.00
10-29-2012 CCADMIN04

Court Clerk Administrative Fee on Collections
$ 0.50
10-29-2012 LTF

Lengthy Trial Fund
$ 10.00
10-29-2012 TEXT

OCIS has automatically assigned Judge Barcus, Mark to this case.

10-29-2012 ACCOUNT

Receipt # 2012-2467442 on 10/29/2012.
Payor:STANLEY D MONROE Total Amount Paid: $213.70.
Line Items:
CJ-2012-5685: $163.00 on AC01 Clerk Fees.
CJ-2012-5685: $6.00 on AC23 Law Library Fee.
CJ-2012-5685: $0.70 on AC31 Court Clerk Revolving Fund.
CJ-2012-5685: $5.00 on AC58 Oklahoma Court Appointed Special Advocates.
CJ-2012-5685: $2.00 on AC59 Oklahoma Council on Judicial Complaints Revolving Fund.
CJ-2012-5685: $2.00 on AC64 Dispute Mediation Fees.
CJ-2012-5685: $25.00 on AC79 OCIS Revolving Fund.
CJ-2012-5685: $10.00 on AC81 Lengthy Trial Fund.

10-31-2012 SMF

Summons Fee (Clerks Fee)
$ 5.00
10-31-2012 SMIMA

SUMMONS ISSUED - MAILED BY ATTORNEY

10-31-2012 ACCOUNT

Receipt # 2012-2469476 on 10/31/2012.
Payor:STANLEY D MONROE Total Amount Paid: $5.00.
Line Items:
CJ-2012-5685: $5.00 on AC01 Clerk Fees.

11-06-2012 S

Party has been successfully served. SUMMONS SERVED ON CITY OF TULSA / CERTIFIED MAIL / SIG ILLEGIBLE / ON 11-2-12

Document Available (#1020033951)
CITY OF TULSA
11-20-2012 EAA

SPECIAL ENTRY OF APPEARANCE & MOTION TO DISMISS (BRANDON BURRIS ENTERS AS COUNSEL) (C/J)

Document Available (#1020104928)
CITY OF TULSA
12-05-2012 RESP

PLAINTIFF'S RESPONSE TO DERFENDANT'S SPECIAL ENTRY OF APPEARANCE AND MOTION TO DISMISS / CERTIFICATE OF MAILING

Document Available (#1020316760)
GLOVER, MARSHALL EDWARD
01-07-2013 NOH

NOTICE OF HEARING/ COURT SETS HEARING ON SPECIAL ENTRY OF APPEARANCE AND DEFENDANT'S MOTION TO DISMISS FIRLED 11-20-12, ON 3-118-13 @ 11:00 AM ROOM 506 / AFFIDAVIT OF MAILING

Document Available (#1020482041)

03-18-2013 CTFREE

BARCUS, MARK: HEARING ON SPECIAL ENTRY OF APPEARANCE AND DEFENDANT'S MOTION TO DISMISS HELD.
KIRSTEN PALFREYMAN AND STAN MONROE PRESENT FOR PLAINTIFF. BRANDON BURRIS PRESENT FOR DEFENDANT.
MOTION TO DISMISS OVERRULED.
CITY OF TULSA GIVEN TWENTY (20) DAYS TO ANSWER.

03-18-2013 CTFREE

BARCUS, MARK: AGREED SCHEDULING ORDER ENTERED. PRETRIAL TO BE SET UPON APPLICATION.
(1-2)

03-18-2013 SCHO

SCHEDULING ORDER (3-18-13)

Document Available (#1021262453)

04-10-2013 A

ANSWER / TO THE PETITION OF THE PLAINTIFF /CERTIFICATE OF SERVICE

Document Available (#1021479524)
CITY OF TULSA
06-06-2013 AFD

AFFIDAVIT OF CHILD SUPPORT LIEN (JOHN SHARP ENTERS AS COUNSEL - COVERSHEET ATTACHED) / CERTIFICATE OF SERVICE

Document Available (#1022050320)

06-20-2013 WL

WITNESS LIST / CERTIFICATE OF MAILING

Document Available (#1022172025)
CITY OF TULSA
07-16-2013 MO

JOINT MOTION TO AMEND SCHEDULING ORDER & CONTINUE PRE-TRIAL CONFERENCE (C/J)

Document Available (#1022335512)

07-22-2013 CTFREE

BARCUS, MARK: FIRST AMENDED SCHEDULING ORDER ENTERED, ALL AS PER ORDER.
(1-2)

07-23-2013 SCHO

FIRST AMENDED SCHEDULING ORDER

Document Available (#1022437527)

07-25-2013 MO

MOTION TO AMEND PETITION (A/J)

Document Available (#1022438235)
GLOVER, MARSHALL EDWARD
08-12-2013 RESP

RESPONSE TO MOTION TO AMEND (A/J)

Document Available (#1022634938)
CITY OF TULSA
08-13-2013 CTFREE

BARCUS, MARK: ORDER ENTERED GRANTING PLAINTIFF'S MOTION TO AMEND PETITION.

08-13-2013 O

Order GRANTING PLAINTIFF'S MOTION TO AMEND PETITION / SEE ABOVE ENTRY

Document Available (#1022635122)

08-13-2013 SMF

Summons Fee (Clerks Fee)-1
$ 5.00
08-13-2013 SMIS

SUMMONS ISSUED - TULSA COUNTY SHERIFF
$ 50.00
08-13-2013 AMP

Amended Petition / CERTIFICATE OF MAILING / C TO Y /

Document Available (#1022635498)
GLOVER, MARSHALL EDWARD
08-13-2013 ACCOUNT

Receipt # 2013-2663140 on 08/13/2013.
Payor:STANLEY D MONROE Total Amount Paid: $5.00.
Line Items:
CJ-2012-5685: $5.00 on AC01 Clerk Fees.

08-13-2013 ACCOUNT

Receipt # 2013-2663141 on 08/13/2013.
Payor:STANLEY D MONROE Total Amount Paid: $50.00.
Line Items:
CJ-2012-5685: $50.00 on AC08 Sheriff Fees.

08-26-2013 A

ANSWER TO AMENDED PETITION / CERTIFICATE OF SERVICE

Document Available (#1022708016)
CITY OF TULSA
08-28-2013 TEXT

DEFENDANT'S ERRATA/CORRECTION / C TO J / CERTIFICATE OF MAILING

Document Available (#1022710249)
CITY OF TULSA
09-18-2013 CTFREE

BARCUS, MARK: SECOND AMENDED SCHEDULING ORDER ENTERED.
(1-2)

09-18-2013 MO

JOINT MOTION TO AMEND SCHEDULING ORDER AND CONTINUE PRE-TRIAL CONFERENCE / A TO J /

Document Available (#1022964576)

09-19-2013 SCHO

SECOND AMENDED SCHEDULING ORDER (OF 9-18-13)

Document Available (#1022965123)

10-03-2013 U

Party has not been successfully served. SUMMONS NOT SERVED FOR JESSE MCNEAL, NOT FOUND, BY TULSA COUNTY SHERIFF

Document Available (#1023092493)
MCNEAL, JESSE
10-22-2013 SMF

Summons Fee (Clerks Fee)
$ 5.00
10-22-2013 SMIP

Summons Issued - Private Process Server

10-22-2013 ACCOUNT

Receipt # 2013-2708806 on 10/22/2013.
Payor:STAN D MONROE Total Amount Paid: $5.00.
Line Items:
CJ-2012-5685: $5.00 on AC01 Clerk Fees.

10-31-2013 S

Party has been successfully served. SUMMONS SERVED ON CITY OF TULSA, COROPRATOIN SERVICE BY SERVING LINDA THOMAS, ON 10-24-13 BY PROCESS SERVER

Document Available (#1022827055)
CITY OF TULSA
11-15-2013 MO

Motion TO AMEND SCHEDULING ORDER AND CONTINUE PRE-TRIAL CONFERENCE / C TO J /CERTIFICATE OF MAILING

Document Available (#1023552469)
GLOVER, MARSHALL EDWARD
11-19-2013 CTFREE

BARCUS, MARK: THIRD AMENDED SCHEDULING ORDER ENTERED, ALL AS PER ORDER.
(1-2)

11-21-2013 AM

THIRD AMENDED SCHEDULING ORDER / 11-19-13

Document Available (#1023551703)

01-08-2014 SMF

Summons Fee (Clerks Fee)
$ 5.00
01-08-2014 SMIP

Summons Issued - Private Process Server

01-08-2014 ACCOUNT

Receipt # 2014-2757167 on 01/08/2014.
Payor:STANLEY D MONROE Total Amount Paid: $5.00.
Line Items:
CJ-2012-5685: $5.00 on AC01 Clerk Fees.

01-13-2014 S

Party has been successfully served. SUMMONS SERVED ON JESSE MCNEAL, PERSONAL SERVICE ON 1-10-14 BY PROCESS SERVER

Document Available (#1023925462)
MCNEAL, JESSE
01-30-2014 EAA

ENTRY OF APPEARANCE (T. MICHELLE MCGREW ENTERS AS COUNSEL) / CERTIFICATE OF SERVICE

Document Available (#1024173241)
CITY OF TULSA
01-30-2014 A

ANSWER TO AMENDED PETITION / CERTIFICATE OF SERVICE

Document Available (#1024173237)
MCNEAL, JESSE
04-15-2014 CTFREE

BARCUS, MARK: SETTLEMENT CONFERENCE ORDER ENTERED.
SENT INNER OFFICE MAIL TO EARLY SETTLEMENT, LEI LANI ARMSTRONG.

07-17-2014 APLI

JOINT APPLICATION TO SET PRE-TRIAL CONFERENCE /

Document Available (#1026481192)

07-22-2014 CTFREE

KUEHN, DANA FOR JUDGE BARCUS: ORDER SETTING PRE-TRIAL CONFERENCE ENTERED; SET FOR 8-27-14 AT 10:45 A.M., BEFORE THE HONORABLE DANA KUEHN, ROOM 701.

07-23-2014 O

ORDER SETTING PRE-TRIAL CONFERENCE / CERT OF SERVICE

Document Available (#1026632172)

08-27-2014 CTFREE

KUEHN, DANA: PRETRIAL CONFERENCE HELD.
KIRSTEN PALFREYMAN PRESENT FOR PLAINTIFF.
MICHELLE MCGREW PRESENT FOR DEFENDANT.
AGREED PRETRIAL ORDER TO BE SUBMITTED WITHIN TEN (10) DAYS.

09-11-2014 MO

PLAINTIFF'S MOTION TO STRIKE DEFENDANT'S EXHIBITS / A TO J / CERTIFICATE OF MAILING

Document Available (#1027189171)
GLOVER, MARSHALL EDWARD
09-11-2014 RJT

REQUEST FOR JURY TRIAL
$ 349.00
09-11-2014 CRF

COURT REPORTER FEE-TRIAL ON MERITS
$ 20.00
09-11-2014 ACCOUNT

Receipt # 2014-2929283 on 09/11/2014.
Payor:MONROE & KEELE Total Amount Paid: $369.00.
Line Items:
CJ-2012-5685: $369.00 on AC01 Clerk Fees.

09-12-2014 CTFREE

KUEHN, DANA: PRE-TRIAL CONFERENCE ORDER GRANTED/ENTERED.
JURY TRIAL SET FOR MARCH 2, 2015 AT 10:00 A.M., ROOM 506.

09-15-2014 PTO

PRE-TRIAL CONFERENCE ORDER

Document Available (#1026999897)

10-14-2014 CTFREE

KUEHN, DANA: PLAINTIFF'S MOTION TO STRIKE DEFENDANT'S EXHIBITS IS STRICKEN BY THE COURT AS MOOT. AGREED PRETRIAL ORDER ENTERED.

11-02-2014 TEXT

Administratively Reassigned by AOC MIS per Help Desk Contact HD36523

02-03-2015 MO

UNOPPOSED MOTION FOR LEAVE TO FILE MOTION FOR PARTIAL SUMMARY JUDGMENT / A2J

Document Available (#1028542006)
MCNEAL, JESSE
02-03-2015 MO

UNOPPOSED MOTION TO CONTINUE TRIAL / A2J

Document Available (#1028542010)
MCNEAL, JESSE
02-09-2015 CTFREE

CANTRELL,D AMAN: GRANTED - DEFENDANT'S UNOPPOSED MOTION FOR LEAVE TO FILE MOTION FOR PARTIAL SUMMARY JUDGMENT UNTIL 2-28-15.

02-10-2015 CTFREE

CANTRELL, DAMAN: GRANTED - UNOPPOSED MOTION TO CONTINUE JURY TRIAL SET FOR 3-2-15 AND RESETTING TO 5-11-15 AT 1:30 pm. 3rd up. Mailed to Gerald Bender and Kirsten Palfreyman.

02-10-2015 O

Order/ SEE ABOVE ENTRY/

Document Available (#1028670768)

02-13-2015 O

Order/ DEF MAY FILE A MOTION FOR PARTIAL SUMMARY JUDGEMENT NO LATER THAN 2-28-15

Document Available (#1028668637)

02-27-2015 MOSJ

DEFENDANTS CITY OF TULSA AND JESSE MCNEAL MOTION FOR SUMMARY JUDGMENT // A-J

Document Available (#1028540541)
$ 50.00
03-02-2015 ACCOUNT

Receipt # 2015-3038636 on 03/02/2015.
Payor:CITY OF TULSA Total Amount Paid: $50.00.
Line Items:
CJ-2012-5685: $50.00 on AC01 Clerk Fees.

03-12-2015 MO

UNOPPOSED MOTION TO EXTEND TIME TO RESPOND TO DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT / A TO J / CERTIFICATE OF MAILING

Document Available (#1028981824)
GLOVER, MARSHALL EDWARD
03-13-2015 CTFREE

CANTRELL, DAMAN: ORDER GRANTING PLAINTIFF'S MOTION TO EXTEND TIME TO RESPOND TO DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT UNTIL 3-27-15.; ORDER ENTERED.

03-16-2015 O

Order GRANTING PLAINTIFF'S MOTIN TO EXTEND TIME TO RESPOND TO DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGEMENT / CERTIFICATE OF MAILING

Document Available (#1028980950)

03-27-2015 RESP

PLAINTIFF'S RESPONSE IN OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT / A2J

Document Available (#1029180679)
GLOVER, MARSHALL EDWARD
04-22-2015 EAA

ENTRY OF APPEARANCE / CERT OF MAILING / COVER SHEET

Document Available (#1029452828)
GLOVER, MARSHALL EDWARD
04-27-2015 MOLIM

PLINTIFF'S MOTIONS IN LIMINE / A TO J / CERTIFICATE OF MAILING

Document Available (#1029448499)
GLOVER, MARSHALL EDWARD
04-29-2015 MOLIM

DEFENDANTS' MOTION S IN LIMINE / A TO J / CERTIFICATE OF MAILING

Document Available (#1029449963)
CITY OF TULSA
05-04-2015 MO

PLAINTIFF'S MOTION TO COMPEL DEFENDANT CITY OF TULSA TO DISCLOSE IDENTITY OF CORPORATE REPRESENTATIVE / A2J

Document Available (#1029453304)
GLOVER, MARSHALL EDWARD
05-04-2015 NO

NOTICE OF SUBPOENA

Document Available (#1029453300)

05-04-2015 NO

NOTICE OF SUBPOENA

Document Available (#1029453296)

05-04-2015 RESP

PLAINTIFF'S RESPONSE TO DEFENDANTS' MOTIONS IN LIMINE / A2J

Document Available (#1029453292)
GLOVER, MARSHALL EDWARD
05-05-2015 CTFREE

JURY TRIAL SET FOR 5-11-15 AT 1:30 PM WILL START ON 5-12-15 AT 9:30 AM. MOTIONS IN LIMINE AND PL'S MOTION TO COMPEL WILL BE HEARD ON 5-11-15 AT 3:00 PM. PARTIES HAVE BE NOTIFIED OF DATES AND TIMES.

05-07-2015 CTFREE

CANTRELL, DAMAN: Defendant City of Tulsa's motion to dismiss the Bosh claim is granted under the rubric of the Perry case. The liability of the individual officer McNeal was not particularly discussed in this context in Perry, or much detailed in the briefs in the instant matter. Therefore this matter should be discussed in addition with motions set at 3pm Monday 5-11-15.

05-08-2015 TEXT

PLAINTIFF'S PROPOSED JURY INSTRUCTIONS / A TO J /

Document Available (#1029616399)
GLOVER, MARSHALL EDWARD
05-08-2015 MO

PLAINTIFF'S MOTION FOR THE COURT TO VOIR DIRE ON CERTAIN SUBJECTS / A TO J / CERTIFICATE OF MAILING

Document Available (#1029616444)
GLOVER, MARSHALL EDWARD
05-11-2015 EAA

ENTRY OF APPEARANCE / GERALD M BENDER / ADDITIONAL COUNSEL ON BEHALF OF DEFENDANTS / CERTIFICATE OF SERVICE

Document Available (#1029616822)
CITY OF TULSA
05-11-2015 CTFREE

CANTRELL, DAMAN: Defendant's motion for summary judgment regarding individual liability for the officer is granted. Although perhaps a case of first impression, the Court finds that the Tuffy's case, 212 Pl. 3rd 1158 (Ok. 2009), fn. 22, explicitly provides that employees are relieved from private liability for tortious conduct committed within the scope of employment under the GTCA. The Perry case, 341 P.3rd 689 (Ok.a 2014) provides that a plaintiff's exclusive remedy in this context

05-11-2015 CTFREE

CANTRELL, DAMAN: The Court finds that the process for defining the corporate representative has been waived under tit. 12 sec. 3230 (C)(5) and Rule 5 (g)(9) of the Rules for District Courts which pertains to identification of witnesses, as well as Rule 5(K) pertaining to identification of witnesses after pretrial. While the City has listed a “corporate representative” on the pretrial order makes this analysis somewhat problematic, that listing is defective under the above rules, and Plaintiff has failed to establish in discovery the under sec. 3230 the name of same. Counsel has stipulated that the excessive force policy may be admitted without further authentication.

05-12-2015 O

Order/ DEF'S MOTION TO DISMISS THE BOSH CLAIM GRANTED / CERTIFICATE OF MAILING

Document Available (#1029614016)

05-13-2015 TEXT

PLAINTIFF'S SUPPLEMENTAL PROPOSED JURY INSTRUCTIONS / A TO J / CERTIFICATE OF MAILING

Document Available (#1029614209)
GLOVER, MARSHALL EDWARD
05-14-2015 DISPJD

CANTRELL, DAMAN: Case called for jury trial. Both sides present in open court and announce ready for trial. Plaintiff present and represented by Stan Monroe and Kirsten Palfreyman. Defendant present and represented by Gerald Bender. The jurors are called and sworn to their qualifications. The jury is impaneled and examined for cause. No Jurors released for cause.
Opening statements are made. 5 witnesses sworn. Rule was invoked. Reporter Ann Fite. Plaintiff presents evidence and rests.
The jury is instructed as to the law. Closing arguments are made. The swearing of the bailiff is waived and at 3:00 pm the jury retires for deliberation in custody of the bailiff. At 4:30 pm the jury returns into open court with their verdict, which is read in open court, ordered recorded and filed, and is, to wit: "We, the jury, impaneled and sworn in the above entitled cause do upon our oaths find the issues in favor of the Defendant, City of Tulsa, signed by the foreperson.
1 CITY OF TULSA
05-15-2015 TEXT

JURY TRIAL MINUTE

Document Available at Court Clerk's Office

05-15-2015 V

PINK VERDICT FORM ( SIGNED)

Document Available at Court Clerk's Office

05-15-2015 TEXT

JURY INSTRUCTIONS

Document Available (#1029613529)

Outcome: Defendant's verdict.

Plaintiff's Experts:

Defendant's Experts:

Comments: