BARRIOS v. HASKELL COUNTY PUBLIC FACILITIES

No. 117,103 (comp. w/ No. 117,107 (cons. w/ No. 117,154)).

432 P.3d 233 (2018)

2018 OK 90

Jered BARRIOS, as the Personal Representative of the Estate of Randall Barrios, deceased, Plaintiff, v. HASKELL COUNTY PUBLIC FACILITIES AUTHORITY; Brian Hale, individually; Katrina Christy, individually and in her official capacity; Sheriff Tim Turner, in his official capacity; and Does I through V, Defendants. Kelly L. Foutch, administrator of the Estate of Russell Ted Foutch, deceased, Plaintiff, v. Turn Key Health, LLC, d/b/a Turn Key Medical and Turn Key; Creek County Public Facilities Authority; Jane Doe Nurse I; Jane Doe Nurse II; and John/ Jane Does III-X, Defendants.

Supreme Court of Oklahoma.

FILED December 4, 2018.


Attorney(s) appearing for the Case

Andrew M. Casey , FOSHEE & YAFFE, Oklahoma City, Oklahoma, for Plaintiffs, Jered Barrios ex rel. Estate of Randall Barrios, deceased, and Kelly L. Foutch ex rel. Estate of Russell Ted Foutch, deceased.

Jamison C. Whitson , COLLINS, ZORN & WAGNER, P.C., Oklahoma City, Oklahoma, for Defendants Haskell County Public Facilities Authority, Katrina Christy, Sheriff Tim Turner, and Creek County Public Facilities Authority.

Randall J. Wood and Jeffrey C. Hendrickson , PIERCE COUCH HENDRICKSON BAYSINGER & GREEN, L.L.P., Oklahoma City, Oklahoma, for Defendant Brian Hale.

Anthony C. Winter , JOHNSON HANAN & VOSLER, Oklahoma City, Oklahoma, for Defendant Turn Key Health, LLC d/b/a Turn Key Medical and Turn Key.

Devan A. Pederson , OKLAHOMA OFFICE OF THE ATTORNEY GENERAL, Oklahoma City, Oklahoma, for Amicus Curiae, State of Oklahoma.


¶ 1 Two federal courts have certified to us the following questions:

1. The Governmental Tort Claims Act renders the State immune from any tort suit arising out of the "[p]rovision, equipping, operation or maintenance of any prison, jail or correctional facility." Do Sections 7 and 9 of Article II of the Oklahoma Constitution...

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