Merrill v. Seagraves et al

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
RYAN TYLER MERRILL, 	)
)
Plaintiffs, 	)
)
v. 	) 	No. 22-CV-007-RAW
)
JONATHAN SEAGRAVES, 	)
GREG FELL, 	)
CITY OF BROKEN ARROW, and 	)
BRANDON BERRYHILL, 	)
)
Defendants. 	)
ORDER
Before the court is Defendant Greg Fell’s Objection to Magistrate Jackson’s Report
and Recommendation [48] and request that Defendant Fell’s Motion to Dismiss [Docket
No. 29] be granted.
This case was filed on January 4, 2022 by Plaintiff Ryan Merrill presenting multiple
causes of action against Defendants Jonathan Seagraves and Greg Fell, Officers with the
Broken Arrow Police Department, and Broken Arrow Police Chief Brandon Berryhill and
the City of Broken Arrow, alleging excessive force claims under the Fourth and Fourteenth
Amendments, pursuant to 42 U.S.C.§ 1983 along with claims of failure to train and failure
to supervise. 	Officer Greg Fell filed a Motion to Dismiss [29] asserting that he had no
reasonable opportunity to prevent the alleged excessive force and that he is entitled to
qualified immunity as the alleged acts and omissions were not prohibited by clearly
established law.
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On October 14, 2022 the court referred this matter to Magistrate Judge Jackson for
all further proceedings pursuant to 28 U.S.C. § 636. On November 28, 2022, Magistrate
Judge Jackson entered a Report and Recommendation with regard to Defendant Fell’s
Motion to Dismiss [Docket No. 47]. The magistrate judge found that Defendant Fell is not
entitled to qualified immunity at this point in the proceedings and that Plaintiff has alleged
a claim for failure to intervene sufficient to survive the dismissal stage.
Defendant 	Fell 	filed 	his 	Objection 	to 	Magistrate 	Jackson’s 	Report 	and
Recommendation [48] asserting that the magistrate’s report errs by concluding that
Plaintiff pled sufficient facts to reasonably infer Defendant Fell had sufficient notice of
Defendant Seagraves’ intended alleged unlawful second use of his Taser and that
Defendant Fell had 15 seconds to intervene to prevent co-Defendant Seagraves’ from
deploying his Taser a second time. Fell further asserts that the report is too broad, a mere
statement of general duty imposed and insufficient to constitute clearly established law for
a qualified immunity analysis.
The court has reviewed the record and finds that while the Defendant’s objections
are detailed and well-argued, the court is persuaded by the Magistrate Judge’s thorough
Report and Recommendation. Accordingly, it is the order of this court that the Magistrate’s
Report and Recommendation [47] is hereby affirmed and adopted. 	Defendant Fell’s
Objection [48] is OVERRULED and his Motion to Dismiss [29] is DENIED.
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IT IS SO ORDERED this 13 th day of February, 2023.
________________________________
HONORABLE RONALD A. WHITE
UNITED STATES DISTRICT JUDGE
EASTERN DISTRICT OF OKLAHOMA
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