10th Circuit weighs new trial for family of Oklahoma man who died in police custody

(CN) — A 10th Circuit panel on Wednesday heard arguments to determine whether the family of an Oklahoma man who died in police custody deserves a new trial after a jury last year ruled Oklahoma County Sheriff Tommie Johnson III did not violate the man’s constitutional rights.

The case stems from the August 10, 2019 death of Daryl Clinton, a pretrial detainee at the Oklahoma County Jail who died five days following his arrest after backing his car into a light pole. Clinton appeared to be intoxicated, according to law enforcement officials, and a search of his vehicle discovered he was in possession of multiple illegal drugs.

Clinton was transported to St. Antony’s Hospital in Oklahoma City where he underwent multiple tests before being released to the jail. While county officials claim he was monitored by medical staff during his incarceration, he was found on the floor of his cell unresponsive after suffering a heart attack, and later died at the hospital.

Geoffrey Tabor, an attorney for Clinton’s family, raised several issues on appeal before the three-judge appellate panel Wednesday, including that the trial court abused its discretion because the jury was not polled in court. Tabor admitted that he made no request to poll the jury, and the panel appeared skeptical at his argument that he was not given an opportunity to do so before the trial judge dismissed the jurors.

“You always have an opportunity to stand up and say ‘I want the jury polled,’ always. You didn’t do it,” said Senior U.S. Circuit Judge Paul J. Kelly Jr., who was appointed to the court by George H.W. Bush.

“We did not do it that evening, we did it the following week, via motion,” Tabor said, before underscoring why he believes talking to the jury is important.

“This is a police case; this is the death of a Black man in a jail. We live in heighted, politicized times, particularly in matters as to police,” he said. “I just think these cases present unique opportunities for heightened emotions, for juries consulting matters outside of what they’re supposed to.”

Tabor also took issue with the jury’s instructions, which Kelly suggested the bulk of which are being raised for the first time.

“Taking the totality of these factors, this family believes it’s entitled to at least just know something more as to why the jury found the way they did for the death of their brother in that jail,” Tabor said.

The jury in the Western District of Oklahoma ruled last August against the family in their case where they sought $11 million for claims of deliberate indifference against Johnson. Claims against Turnkey Health Clinic — which provides medical staffing at the jail — and Dr. Kent King, who served as the jail's medical director, were resolved before trial.

Oklahoma County District Attorney Rodney J. Heggy, who defended the sheriff in his official capacity, argued that with no accusations of plain error, and none of abuse of discretion, “there is no ground for reversal.”

“There was a jury trial. The verdict is sacred,” Heggy told the panel, which also included U.S. Circuit Judges Gregory A. Phillips and Nancy L. Moritz, both Barack Obama appointees.

The panel did not indicate when a decision would be reached before taking the case up for consideration.

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