Rosalinda Ibarra v. Cheyenne Lee and the Board of County Commissioners of the County of Rogers

Tulsa, Oklahoma, personal injury lawyer represented the Plaintiff who sued on a wrongful death civil rights violation theory.



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The events that gave rise to this case begin in March 2020 when Mr. Martinez's girlfriend obtained an emergency protective order. A short time later, the defendant (Officer Cheyenne Lee) was directed to serve the order.

Officer Lee came to Mr. Martinez's home to serve the order, and a family member said that Mr. Martinez was asleep. When Mr. Martinez was awakened, he responded by telling Officer Lee to leave. The officer then tried to arrest Mr. Martinez and managed to handcuff one hand. The two men clashed, but the parties disagree on who hit whom. The fighting ended

when Officer Lee fatally shot Mr. Martinez.



The administratrix of Mr. Martinez's estate sued under 42 U.S.C. § 1983, claiming that Officer Lee had violated the Fourth Amendment by making the arrest without probable cause and by using excessive force. The district court granted summary judgment to Officer Lee. The Tenth Circuit reversed, concluding that the district court had failed to credit the plaintiff's version of events. That version of events, it said, would have constituted an unlawful arrest and excessive force. The case was remanded for the district court to determine whether this version of events would have entailed a clearly established violation of the Constitution. The district court answered yes and denied summary judgment to

Officer Lee on the claims of unlawful arrest and excessive force. This time, Officer Lee appealed.

Affirmed.