[Download] "Nichols v. Department of Corrections" by Supreme Court of the State of Oklahoma * eBook PDF Kindle ePub Free
eBook details
- Title: Nichols v. Department of Corrections
- Author : Supreme Court of the State of Oklahoma
- Release Date : January 14, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
1 The United States District Court for the Western District of Oklahoma has certified two questions of law to the Supreme Court of the State of Oklahoma pursuant to the provisions of 20 O.S. 1980 ร§ 1601 et seq. An abridged statement of facts necessary to illustrate the nature of the controversy is embodied in the order of certification forwarded to this Court. Those facts disclose the plaintiff Administrator Troy L. Nichols alleged the civil rights of one John Lee Nichols, deceased, were violated when he was subdued in his cell at the Oklahoma State Penitentiary with the aid of liquid tear gas. Plaintiff alleged his decedent was exposed to this substance on two occasions, the first resulting in hospitalization and the second exposure allegedly resulted in death. The defendant Department of Corrections filed a motion to dismiss the action against it asserting three supportive grounds, which are: (1) That the Eleventh Amendment to the United States Constitution bars any recovery of damages from the moving defendant in this action; (2) that the moving defendant is not a "person" within the meaning of the statute upon which this action is based, 42 U.S.C. ร§ 1983, and is therefore not subject to suit thereunder, and (3) the doctrine of respondeat superior, upon which it is asserted the action must be predicated as to the Department of Corrections, is not applicable to suits brought pursuant to 42 U.S.C. ร§ 1983. The questions certified relate only to the first ground of the motion to dismiss. As certified, those questions are: