- Associated Press - Tuesday, December 29, 2015

TULSA, Okla. (AP) - A federal appeals court panel has refused to dismiss former Tulsa County Sheriff Stanley Glanz from a lawsuit involving a female inmate who said she was raped by a male inmate at the county jail.

The 10th U.S. Circuit Court of Appeals in Denver rejected appeals Monday of Glanz and Detention Officer Dalean Johnson, who were named in the 2012 civil rights lawsuit, the Tulsa World (https://bit.ly/1QVS4MW ) reported.

The three-judge panel said it did not have jurisdiction because the appeals by Glanz and Johnson “would require us to second-guess” a district court’s determination that evidence showed the two were aware of the risk of the inmate being assaulted.

The court ruled in favor of a second detention officer, Michael Thomas, finding he didn’t violate the inmate’s constitutional rights.

The three had appealed a 2014 district court opinion denying motions for summary judgment.



Guy Fortney, a private attorney representing Glanz and the detention officers, said he was pleased the appeals panel found at least one detention officer “had not done anything that could be construed as violating” the former inmate’s constitutional rights.

“We’re disappointed that two of the defendants remain in the case and certainly look forward to trying the matter,” Fortney said.

The lawsuit filed on behalf of the 25-year-old former inmate says she was raped while being housed in the county jail’s medical unit. According to the suit, the attack happened after the detention officers left her unguarded following a medical emergency being declared elsewhere in the jail.

The suit claims the defendants were deliberately indifferent to the inmate’s health and safety.

“While there might have been a moment of inattention, there certainly wasn’t any indifference exhibited by any of the detention officers in question,” Fortney said.

Thomas resigned after the alleged rape. Johnson has since died, though her estate is named as a defendant in the lawsuit.

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Information from: Tulsa World, https://www.tulsaworld.com

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