Miami, Oklahoma – A judge has upheld a $33 million damages award and denied a request for a new trial in a civil rights lawsuit centered around the death of a 26-year-old man at Ottawa County jail in 2015. U.S. District Judge Claire R. Kelly issued the ruling, rejecting motions from Ottawa County, which had been sued by the estate of Terral Ellis II. The jury had previously found that the medical care provided by the Ottawa County Sheriff’s Office violated Ellis’ constitutional rights.
Ellis died on October 22, 2015, shortly after being taken to a hospital from the Ottawa County jail. The cause of death was determined to be sepsis and pneumonia. Judge Kelly affirmed that there was evidence presented during the trial that showed the jail staff’s indifference to Ellis’ medical needs. One instance highlighted was when Ellis asked a detention officer to call an ambulance because he couldn’t move his legs. The officer responded with a sarcastic comment and said he would only call a nurse the next day.
Attorneys representing Ottawa County argued that the jail staff did not perceive the risk to Ellis at the time. However, Judge Kelly pointed out that Ellis had been placed in a holding cell for medical observation, indicating that the staff was aware of his risk. The judge also found that the county’s written policies, which supposedly required detainees to receive adequate medical care, did not absolve them of responsibility. The jury determined that there was a custom of supplying inadequate medical care, supported by abundant evidence.
The damages award, though substantial, was justified given the evidence presented during the trial, according to Judge Kelly. She mentioned moments witnessed by the jury, such as video evidence of Ellis walking into the jail voluntarily and him pleading for water but being denied by the staff. The judge also rejected Ottawa County’s claim that the award was excessive and punitive in nature.
This ruling came on the same day that another federal jail death lawsuit, also involving attorney Dan Smolen, saw a reduction in punitive damages. However, the judge in this case did not find any misconduct on the part of Smolen. Smolen expressed satisfaction with the judge’s decision and emphasized that such post-trial motions aimed to distract from the evidence and facts of the case.
The chairman of the Ottawa County Commission, which has privately discussed the lawsuit, was not available for comment.