This case was last updated from U.S. District Courts on 09/20/2022 at 05:49:45 (UTC).

Lewis et al v. Edmond City of et al

Case Summary

On May 28, 2019, Vicki Jo Lewis and Troy Levet Lewis, individually and as co-personal representative of the estate of Isaiah Mark Lewis (collectively, “Plaintiffs”), represented by Amanda S. Yarusso, Andrew M. Stroth, and Carlton E. Odim of Action Injury Law Group, David J. Batton of Law Offices of David J. Batton, and Geoffrey A. Tabor and Woodrow K. Glass of Ward & Glass LLP, filed a civil rights lawsuit against City of Edmond, Police SGT, Milo Box and Police Officer Denton Scherman (collectively, “Defendants”), represented by Benjamin T. Clark and Richard E. Hornbeek of Hornbeek Vitali & Braun PLLC and Cody J. Cooper and Kathryn D. Terry of Phillips Murrah PC-101 OKC, seeking damages for alleged use of force against Isaiah Mark Lewis. This case was filed in the U.S. District Court for the Western District of Oklahoma, with Judge David L. Russell presiding.

In the complaint, the plaintiffs claimed, “On April 29, 2019, at approximately 1:00 p.m., minor child, Isaiah Mark Lewis, was in the throes of a mental health crisis, having stripped off his clothes and begun to run aimlessly around in public for over an hour” and “One or more of these 911 calls (‘911 Call’) were heard by Edmond police officers Milo Box and Denton Scherman, both of whom responded to the calls.”

The plaintiffs then claimed, “In responding to the calls, Officers Milo Box and Denton Scherman, made visual contact with minor child, Isaiah Mark Lewis, and immediately determined that he was the subject of the 911 call about a naked person running around in public.”

Plaintiffs further claimed, “After making visual contact with Isaiah Mark Lewis, Officers Milo Box and Denton Scherman began to chase, yell, threaten, and place minor child, Isaiah Mark Lewis in greater distress and elevate his great anxiety. Minor child Lewis in response began to flee the officers in fear. The officers had reason to know Lewis was a juvenile and was visually determined to be unarmed possessing no weapons.”

The plaintiffs also alleged that “Officers Milo Box and Denton Scherman, without legal or other justification, improperly tasered minor child, Isaiah Mark Lewis, having reason to know such action would be ineffective due to close range and greater elevated anxiety and fear.”

Plaintiffs additionally alleged, “After tasering minor child, Isaiah Mark Lewis, Officers Milo Box and Denton Scherman, without legal or other justification, unholstered one or more of their service weapons and proceeded to shoot him to death while yelling and screaming at him all the while observing that this minor child was naked and unarmed possession no weapons.”

The plaintiffs also alleged, “After unnecessarily shooting Isaiah Mark Lewis, Defendants Box and Scherman and or other unknown officers of the City, intentionally dragged the minor child Lewis from the residence to the front poach area without regard to his injuries, denying him emergency treatment and simply yelling at him to breathe that he would be fine.”

Plaintiffs then asserted, “The actions of the Defendant Officers Milo Box and Denton Scherman as alleged in this Complaint were done intentionally, maliciously, wantonly, or oppressively, and or deliberately indifferent with the intent to cause injury to the plaintiff or in reckless disregard of the probability that they would cause injury to the plaintiff.”

Plaintiffs presented three claims for relief, including claims for alleged use of excessive force, violation of the Monell Claim and Fourteenth Amendment Equal Protection rights.

In the prayer for relief, the plaintiffs requested an award for damages, including punitive damages along with costs of litigation.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    5:19-CV-00489

  • Filing Date:

    05/28/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Other Civil Right

Judge Details

Presiding Judge

David L. Russell

 

Party Details

Plaintiffs

Vicky Jo Lewis

Troy Levet Lewis

Defendants

Denton Scherman

Edmond City of

Milo Box

Attorney/Law Firm Details

Plaintiff Attorneys

David J Batton

Attorney at Law Office of David J Batton

Po Box 1285

Norman, OK 73070

Amanda S Yarusso

Attorney at Action Injury Law Group

191 N Wacker Dr, Suite 2300

Chicago, IL 60606

Andrew M Stroth

Attorney at Action Injury Law Group

191 N Wacker Dr, Suite 2300

Chicago, IL 60606

Carlton E Odim

Attorney at Action Injury Law Group

191 N Wacker Dr, Suite 2300

Chicago, IL 60606

Geoffrey A Tabor

Attorney at Ward & Glass LLP

1601 36Th Avenue Nw, Suite 100

Norman, OK 73072

Woodrow K Glass

Attorney at Ward & Glass LLP

1601 36Th Avenue Nw, Suite 100

Norman, OK 73072

Defendant Attorneys

Cody J Cooper

Attorney at Phillips Murrah PC-101-OKC

101 N Robinson Ave, 13Th Fl

Oklahoma City, OK 73102

Kathryn D Terry

Attorney at Phillips Murrah PC-101-OKC

101 N Robinson Ave, 13Th Fl

Oklahoma City, OK 73102

Benjamin T Clark

Attorney at Hornbeek Vitali & Braun PLLC

3711 N Classen Blvd

Oklahoma City, OK 73118

Richard E Hornbeek

Attorney at Hornbeek Vitali & Braun PLLC

3711 N Classen Blvd

Oklahoma City, OK 73118

 

Court Documents

#118

(#118) USCA JUDGMENT as to #111 Notice of Appeal filed by Denton Scherman. Judgment for opinion filed. [21-6081] (kmt) (Entered: 09/16/2022)

#117

(#117) USCA OPINION as to #111 Notice of Appeal filed by Denton Scherman. Reversed and Remanded; Terminated on the merits after oral hearing; Written, signed, published. Judges Hartz, Baldock (authoring judge) and McHugh. Mandate to issue. [21-6081] (kmt) (Entered: 09/16/2022)

#116

(#116) TRANSCRIPT LETTER advising no transcripts are necessary. The record is ready for appeal purposes. (kah) (Entered: 07/22/2021)

#115

(#115) TRANSCRIPT Order Form by Denton Scherman that transcripts are not necessary. See order form for dates and proceedings. (Terry, Kathryn) (Entered: 07/16/2021)

#114

(#114) Tenth Circuit USCA Case Number 21-6081 for #111 Notice of Appeal filed by Denton Scherman. Civil case docketed. Preliminary record filed. DATE RECEIVED: 07/14/2021 Docketing statement due 07/28/2021 for Denton Scherman. Transcript order form due 07/28/2021 for Denton Scherman. Notice of appearance due on 07/28/2021 for Troy Levet Lewis, Vicky Jo. Lewis and Denton Scherman. [21-6081] (kah) (Entered: 07/15/2021)

113 #1

Attachment 1 - Preliminary Record on Appeal

113 #113

Main Document

#112

(#112) Receipt for Money Received from Denton Scherman in the amount of $505, receipt number OKW500086209 regarding #111 Notice of Appeal. Mailed receipt to Kathryn D Terry Phillips Murrah PC-101-OKC 101 N Robinson Ave 13th Fl Oklahoma City, OK 73102. Emailed receipt to tjsullivan@phillipsmurrah.com. (jjs) (Entered: 07/07/2021)

#111

(#111) NOTICE OF APPEAL as to #108 Order on Motion for Summary Judgment,,, by Denton Scherman. (Terry, Kathryn) (Entered: 07/07/2021)

6 #3

Affidavit Return of Service-Scherman

6 #2

Affidavit Return of Service-Box

6 #1

Affidavit Return of Service- City

#5

(#5) ANSWER to Complaint with Jury Demand by Edmond City of.(Clark, Benjamin) (Entered: 08/07/2019)

#4

(#4) ENTRY of Appearance by Benjamin T Clark on behalf of Edmond City of (Clark, Benjamin) (Entered: 08/07/2019)

#3

(#3) ENTRY of Appearance by Richard E Hornbeek on behalf of Edmond City of (Hornbeek, Richard) (Entered: 08/07/2019)

#2

1 #1

Civil Cover Sheet

#1

208 More Documents Available
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Docket Entries

  • 09/16/2022
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  • Docket(#118) USCA JUDGMENT as to #111 Notice of Appeal filed by Denton Scherman. Judgment for opinion filed. [21-6081] (kmt) (Entered: 09/16/2022)

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  • 09/16/2022
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  • Docket(#117) USCA OPINION as to #111 Notice of Appeal filed by Denton Scherman. Reversed and Remanded; Terminated on the merits after oral hearing; Written, signed, published. Judges Hartz, Baldock (authoring judge) and McHugh. Mandate to issue. [21-6081] (kmt) (Entered: 09/16/2022)

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  • 07/22/2021
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  • Docket(#116) TRANSCRIPT LETTER advising no transcripts are necessary. The record is ready for appeal purposes. (kah) (Entered: 07/22/2021)

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  • 07/16/2021
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  • Docket(#115) TRANSCRIPT Order Form by Denton Scherman that transcripts are not necessary. See order form for dates and proceedings. (Terry, Kathryn) (Entered: 07/16/2021)

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  • 07/14/2021
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  • Docket(#114) Tenth Circuit USCA Case Number 21-6081 for #111 Notice of Appeal filed by Denton Scherman. Civil case docketed. Preliminary record filed. DATE RECEIVED: 07/14/2021 Docketing statement due 07/28/2021 for Denton Scherman. Transcript order form due 07/28/2021 for Denton Scherman. Notice of appearance due on 07/28/2021 for Troy Levet Lewis, Vicky Jo. Lewis and Denton Scherman. [21-6081] (kah) (Entered: 07/15/2021)

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  • 07/14/2021
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  • Docket(#113) PRELIMINARY RECORD LETTER - Electronic Transmission of Notice of Appeal with Preliminary Record sent to Tenth Circuit Court of Appeals re #111 Notice of Appeal (Attachments: #1 Attachment 1 - Preliminary Record on Appeal)(kah) (Entered: 07/14/2021)

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  • 07/07/2021
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  • Docket(#112) Receipt for Money Received from Denton Scherman in the amount of $505, receipt number OKW500086209 regarding #111 Notice of Appeal. Mailed receipt to Kathryn D Terry Phillips Murrah PC-101-OKC 101 N Robinson Ave 13th Fl Oklahoma City, OK 73102. Emailed receipt to tjsullivan@phillipsmurrah.com. (jjs) (Entered: 07/07/2021)

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  • 07/07/2021
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  • Docket(#111) NOTICE OF APPEAL as to #108 Order on Motion for Summary Judgment,,, by Denton Scherman. (Terry, Kathryn) (Entered: 07/07/2021)

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  • 07/07/2021
  • DocketDeadlines terminated (cr) (Entered: 07/07/2021)

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  • 07/06/2021
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  • Docket(#110) FIRST MOTION for Extension of Time to File Plaintiffs' Objections to Defendants Jury Instructions, Motions in Limine and Voir by Troy Levet Lewis(As Co-Personal Representative of the Estate of Isaiah Mark Lewis, deceased), Troy Levet Lewis(Individually), Vicky Jo Lewis(Individually), Vicky Jo Lewis(As Co-Personal Representative of the Estate of Isaiah Mark Lewis, deceased). (Stroth, Andrew) (Entered: 07/06/2021)

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106 More Docket Entries
  • 08/08/2019
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  • Docket(#9) ANSWER to Complaint with Jury Demand by Milo Box.(Terry, Kathryn) (Entered: 08/08/2019)

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  • 08/08/2019
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  • Docket(#8) ENTRY of Appearance by Cody J Cooper on behalf of Milo Box, Denton Scherman (Cooper, Cody) (Entered: 08/08/2019)

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  • 08/08/2019
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  • Docket(#7) ENTRY of Appearance by Kathryn D Terry on behalf of Milo Box, Denton Scherman (Terry, Kathryn) (Entered: 08/08/2019)

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  • 08/08/2019
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  • Docket(#6) SUMMONS Returned Executed by Vicky Jo Lewis(Individually), Troy Levet Lewis(As Co-Personal Representative of the Estate of Isaiah Mark Lewis, deceased), Troy Levet Lewis(Individually), Vicky Jo Lewis(As Co-Personal Representative of the Estate of Isaiah Mark Lewis, deceased). All Plaintiffs. (Attachments: #1 Affidavit Return of Service- City, #2 Affidavit Return of Service-Box, #3 Affidavit Return of Service-Scherman)(Batton, David) (Entered: 08/08/2019)

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  • 08/07/2019
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  • Docket(#5) ANSWER to Complaint with Jury Demand by Edmond City of.(Clark, Benjamin) (Entered: 08/07/2019)

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  • 08/07/2019
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  • Docket(#4) ENTRY of Appearance by Benjamin T Clark on behalf of Edmond City of (Clark, Benjamin) (Entered: 08/07/2019)

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  • 08/07/2019
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  • Docket(#3) ENTRY of Appearance by Richard E Hornbeek on behalf of Edmond City of (Hornbeek, Richard) (Entered: 08/07/2019)

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  • 05/30/2019
  • DocketPAYMENT FOR A CIVIL CASE for Plaintiffs Filing fee $ 400, receipt number 1087-2931816. (Batton, David) (Entered: 05/30/2019)

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  • 05/29/2019
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  • Docket(#2) Summons Issued Electronically as to Milo Box, Edmond City of, Denton Scherman. (nv) (Entered: 05/29/2019)

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  • 05/28/2019
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  • Docket(#1) COMPLAINT against Milo Box, Edmond City of, Denton Scherman filed by Vicky Jo Lewis(Individually), Vicky Jo Lewis(As Co-Personal Representative of the Estate of Isaiah Mark Lewis, deceased), Troy Levet Lewis(As Co-Personal Representative of the Estate of Isaiah Mark Lewis, deceased), Troy Levet Lewis(Individually). (Attachments: #1 Civil Cover Sheet)(nv) (Entered: 05/29/2019)

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