Okla Supreme Court & Civil Rights

[CoffeeBean]

The Oklahoma Supreme Court has affirmed that local jails and prisons are not immune from suit for excessive force violations under the Oklahoma state constitution, and that counties may be held liable for the actions of their employees who act within the scope of employment.  Its a substantial change in the law for victims of excessive force.

Given the constitutional nature of the decision, it does not appear that the Legislature can do much (if anything) to reverse the decision.   

http://www.tulsaworld.com/news/article.aspx?subjectid=12&articleid=20130215_16_A1_OKLAHO671121

[patric]

The Oklahoma Supreme Court has affirmed that local jails and prisons are not immune from suit for excessive force violations under the Oklahoma state constitution, and that counties may be held liable for the actions of their employees who act within the scope of employment.  Its a substantial change in the law for victims of excessive force.

Given the constitutional nature of the decision, it does not appear that the Legislature can do much (if anything) to reverse the decision.   

http://www.tulsaworld.com/news/article.aspx?subjectid=12&articleid=20130215_16_A1_OKLAHO671121

This is big.
As I interpret it, it shifts the burden of liability for abuse from the taxpayers to the offender.
That's long overdue.

[guido911]

The respondeat superior liability is what is flooring to me.