Hill v. Oklahoma County Criminal Justice Authority et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
DALTON GAGE HILL, as Personal 	)
Representative of the Estate of 	)
Jeffery Allen Hill, Deceased, 	)
)
Plaintiff, 	)
)
v. 	) 	Case No. CIV-24-1298-D
)
OKLAHOMA COUNTY CRIMINAL 	)
JUSTICE AUTHORITY, et al., 	)
)
Defendants. 	)
ORDER
Plaintiff brought this civil rights action under 42 U.S.C. § 1983, alleging violations of
Jeffery Allen Hill’s constitutional rights [Am. Compl., Doc. No. 53]. Plaintiff filed suit
against Terry Deason, D.D.S. and several other defendants. Dr. Deason filed a Motion to
Dismiss [Doc. No. 64], to which Plaintiff responded [Doc. No. 92], and Dr. Deason replied
[Doc. No. 103]. The matter was referred to United States Magistrate Judge Suzanne Mitchell
for initial proceedings in accordance with 28 U.S.C. § 636(b)(1)(B) and (C).
On August 4, 2025, the magistrate judge issued a Report and Recommendation
[Doc. No. 127], in which she recommends that Dr. Deason’s Motion to Dismiss [Doc. No. 64]
be denied. In her report, the magistrate judge notified the parties of their right to file an
objection to the report on or before August 18, 2025, and that the failure to object waives the
right to appellate review of both factual and legal issues contained in the report. See Moore
v. United States, 950 F.2d 656, 659 (10th Cir. 1991).
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Upon review of the file and noting no timely objection to the findings and
recommendations 	of 	the 	magistrate 	judge, 	the 	Court 	ADOPTS 	the 	Report 	and
Recommendation [Doc. No. 127] in its entirety.
Because Plaintiff has stated a plausible § 1983 claim against Dr. Deason, Dr.
Deason’s Motion to Dismiss [Doc. No. 64] is DENIED. Further, the Court agrees with the
magistrate judge’s conclusion that Plaintiff has not alleged state-law tort claims or claims
under the Oklahoma Constitution against Dr. Deason. Accordingly, only Plaintiff’s § 1983
claim against Dr. Deason may proceed.
IT IS SO ORDERED this 3rd day of September, 2025.
. DeGIUSTI
Chief United States District Judge
Case 5:24-cv-01298-D Document 132 Filed 09/03/25 Page 2 of 2