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Ryan Rhoades v. v. Independent School District No. 1 of Tulsa County, Oklahoma, et al.

Date: 11-28-2022

Case Number: 4:21-cv-00075

Judge: Terence Kern

Court: United States District Court for the Western District of Oklahoma (Tulsa County)

Plaintiff's Attorney:













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Defendant's Attorney: Brian J. Kuester, Eric D. Wade, Matthew Peter Cyran

Description:
Tulsa, Oklahoma personal injury lawyers represented Plaintiff, who sued Defendants on a civil rights violation theory under 42 U.S.C. 1983







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The claims made and defenses asserted are not available.



Mr. Rhoades is a father of a student at Hoover Elementary School. He is a loving and devoted father, who serves on Hoover's Parent-Teacher Association. August 26, 2019 was the first day of the academic year at Hoover. What should

have been a joyous day quickly turned into a nightmare for Mr. Rhoades. On the morning of August 26, Mr. Rhoades was pulled over by Officer Jackson at the corner of 22nd and S. Darlington Ave., an intersection directly adjacent to Hoover Elementary SchooL When Mr. Rhoades politely asked Officer Jackson why he had been pulled over, Officer Jackson refused to answer. Without disclosing the reason Mr. Rhoades had been pulled over, Officer Jackson began to write a citation on the surface of his squad car's trunk. It was at this point that Mr. Rhoades began to video record the incident with his

mobile device. As shown in the video of the incident, Mr. Rhoades walked over to Officer Jackson and again asked, "why am I being detained?” Seconds later, Mr. Rhoades attempted to get the officer's attention, stating, "Mr. Jackson.... At this time, Officer Jackson saw that he was being recorded and became visibly angry. Without warning, justification or rational basis, Officer Jackson forcibly tackled Mr. Rhoades to the ground. Jackson then put Mr. Rhoades in handcuffs. During the entirety of this incident, Mr. Rhoades asked why he was being detained and why he had been stopped. Officer Jackson continually refused to answer these basic questions. After investigating the incident, Tulsa Public Schools determined that Officer Jackson "did not follow the district's procedures related to traffic stops.” Officer Jackson's use of force on Mr. Rhoades was objectively unreasonable, excessive and unconstitutional as a matter of clearly established law. When a plaintiff alleges excessive use of force, courts apply the objective reasonableness test announced in Graham v. Conner,

490 U.S. 386 (1989).



It is well-established that "the 'reasonableness' inquiry in an excessive force case is an objective one: the question is whether the officers' actions are 'objectively reasonable' in light of the facts and circumstances confronting them, without regard to their underlying intent or motivation.” Graham, 490 U.S. at 397. Under this test, the court considers the totality of the circumstances. Plumhoff v. Rickard, 143 S.Ct. 2012, 2020 (20140.