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
On 	November 	28, 	2022, 	Magistrate 	Judge 	Jackson 	entered 	a 	Report 	and
Recommendation with regard to Defendant Brandon Berryhill’s Motion to Dismiss [Docket No.
28] and Defendant City of Broken Arrow’s Motion to Dismiss [Docket No. 30]. 	The
recommendation was that Defendant Brandon Berryhill’s Motion to Dismiss should be granted
and Defendant City of Broken Arrow’s Motion to Dismiss should be granted in part and denied in
part. No objection to the report and recommendation was filed.
It is the order of this court that the Report and Recommendation [Docket No. 46] is hereby
affirmed and adopted. The Defendant Brandon Berryhill’s Motion to Dismiss [28] is GRANTED.
The Defendant City of Broken Arrow’s Motion to Dismiss [30] is GRANTED IN PART and
DENIED IN PART. 	The City’s motion to dismiss is GRANTED as to the Plaintiff’s claim of
municipal liability under a theory of ratification and unconstitutional formal policy with prejudice
as to Plaintiff’s right to further amend his Amended Complaint. The City’s motion to dismiss is
DENIED as to Plaintiff’s claim of municipal liability for failure to train.
6:22-cv-00007-JFH-GLJ Document 49 Filed in ED/OK on 02/13/23 Page 1 of 2

IT IS SO ORDERED this 13 th day of February, 2023.
_________________________________
HONORABLE RONALD A. WHITE
UNITED STATES DISTRICT JUDGE
EASTERN DISTRICT OF OKLAHOMA
6:22-cv-00007-JFH-GLJ Document 49 Filed in ED/OK on 02/13/23 Page 2 of 2