Judge Dismisses Some Claims In Lawsuit Against Tulsa Sheriff's Office

A Tulsa County judge has dismissed some of the claims made in a lawsuit against the Tulsa County Sheriff's Office. Three men joined in the civil suit against TCSO over what they called the "cronyism trumps safety" policies of the department under Sheriff Stanley Glanz.

The lawsuit was filed following death of Tulsan Eric Harris, who was shot in an undercover sting.  TCSO Reserve Deputy Bob Bates, who said he accidentally drew his gun instead of his Taser, is charged with second-degree manslaughter in Harris' death.

The lawsuit was originally filed by attorney Daniel Smolen on behalf of Scott Birdwell, a man who said he was denied proper medical care while in custody at the Tulsa County jail which is run by the sheriff's office. Smolen also represents two other men - Robbie Burke and Terry Byrum - whose names were joined to Birdwell's lawsuit.

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Burke, the administrator of Harris' estate, sued claiming TCSO policies led to Harris’ death. Byrum sued saying Deputy Bates Tased him during a different arrest, while he was already on the ground. His part of the lawsuit claimed Bates was used excessive force.

On Tuesday, a judge ruled Burke and Byrum's claims should not have been added to Birdwell's lawsuit, and the judge dismissed their claims without prejudice.

Birdwell sued after he was injured by another inmate while in custody at the jail. Birdwell's lawsuit claimed he was denied medical treatment and suffered serious complications as a result after he was struck above his left eye.

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Birdwell's lawsuit claimed the medical staff at the jail "exhibited deliberate indifference to his serious medical needs" and violated his constitutional rights by providing inadequate medical care and not sending him to the hospital. 

The judge ruled that the original claim made by Birdwell can stand and will be addressed in a separate order.