Floyd Patterson, Jr. v. Sheriff Andy Simmons, et al.

Muskogee, Oklahoma civil rights lawyers represented the Plaintiff.

Plaintiff Floyd Patterson Jr. ("Plaintiff”) is the Special Administrator of the Estate of Floyd Patterson III ("Patterson”). Plaintiff is the father of Patterson. Plaintiff brings this action under the Fourth and Fourteenth Amendments and raises a state negligence claim against City of Muskogee as well. Patterson was arrested June 17, 2018. The following day (June 18, 2018), he died from diabetic ketoacidosis. Plaintiff has alleged claims against Christopher Rochell (a City of Muskogee Police Officer), the City of Muskogee, and the Sheriff of Muskogee County, Oklahoma.



Plaintiff raises a 42 U.S.C. § 1983 claim against Defendant Officer Rochell ("Rochell”) for allegedly violating Patterson's Fourth Amendment Right-as applied via the Fourteenth Amendment-for wrongful arrest due to lack of probable cause. Plaintiff also raises a § 1983 claim against Rochell for violating his Fourteenth Amendment right to receive adequate medical care as a pretrial detainee.



Plaintiff raises three § 1983 claims against the City of Muskogee ("Muskogee”) under the Fourteenth Amendment. The first two are (1) failure to train and supervise officers with regard to recognizing the signs and symptoms of serious medical conditions in arrestees, and (2) failure to train and supervise officers with regard to protecting arrestees from serious medical conditions. Plaintiff's third § 1983 claim against Muskogee is a Fourth Amendment violation for failure to properly train and supervise officers to determine probable cause exists to arrest individuals for public intoxication when individuals may also have medical conditions. Lastly, Plaintiff alleges a state law negligence claim against Muskogee on the grounds that Rochell failed to provide Plaintiff with adequate medical attention.



Plaintiff also raises a § 1983 claim against Sheriff Andy Simmons of Muskogee County, Oklahoma ("Sheriff Simmons”) in his official capacity. Plaintiff alleges that Defendant Sheriff Simmons violated his Fourteenth Amendment rights by a denial of adequate medical care.



Plaintiff is seeking pecuniary, compensatory, punitive, and special damages for the alleged Fourteenth Amendment violations of denial of adequate medical care. Plaintiff seeks compensatory and special damages for the Fourth Amendment violation of wrongful arrest based upon the lack of probable cause. Lastly, Plaintiff also seeks damages in excess of $75,0000 for real and actual damages, mental and physical pain and suffering, emotional distress, and lost wages under his negligence claim against Muskogee. Defendants seek summary judgment for all claims Plaintiff has filed against them.

Settled for an undisclosed sum and dismissed with prejudice.