In six motions filed Monday, the Harmon County Sheriff's Office, former Sheriff Leslie Orr, Sheriff's Deputy Leland Allison, Harmon County Commissioner Rance Tillman, the city of Hollis, and Chief of Police Landon Tillman all said Corbin Quinn Franks failed to show they violated his constitutional rights or to identify any policy that resulted in such a violation.
In their motions, Landon Tillman, Allison and Orr each argued that any official-capacity claims must be dismissed as redundant, as any such claims against them are claims against the municipalities they serve. And as former sheriff, Orr argued he no longer has any official capacity.
Allison and Landon Tillman also argued that the complaint fails to specify what actions they took that allegedly deprived Franks of his rights, saying the complaint includes vague allegations against multiple defendants without specifying what role each of them played.
Rance Tillman argued in his motion that the complaint can't establish that he personally participated in any actions against Franks, but rather the actions alleged against him in the complaint were toward Franks' father and sister.
He further argued that he is not a proper party in his official capacity because the Harmon County Board of County Commissioners is not a proper party in the case, as it has no control over the policies and procedures relevant to the suit.
The Tillmans and Orr also argued the complaint fails to allege that they had direct control over the actions taken as supervisors or policymakers, or that they instituted or made a final decision on any policy that led to the incident.
In its motion, the city argued the complaint fails to establish that it has any policy or practice that led to the deprivation of Franks' rights, and that the only prior incident of a constitutional violation that is identified in the complaint took place 10 years earlier, and does not show a pattern or policy of unconstitutional behavior.
The city added that Franks' claim that it does not sufficiently train its officers is not supported by enough factual allegations in the complaint to move forward.
Each of the law enforcement defendants and Rance Tillman further argued that they have qualified immunity and immunity to state law claims under the Oklahoma Governmental Torts Claim Act for actions taken under the scope of their employment.
In a complaint removed to federal court in January, Franks alleges that after he called the police following a road rage attack against him when he was 17, police arrested him, brought him to a hospital, and forcibly catheterized him to obtain a urine sample without his consent and without cause.
Franks further alleges that the police didn't seek or obtain a search warrant, the drug screening came back negative, his father was not allowed to see him while he was in the hospital, and his parents were neither contacted nor asked for consent for the procedure.
The amended complaint names as defendants Kevin Kent Mills and Ronald Best, who responded to the initial call, Orr, Rance Tillman, the Harmon County Sheriff's Office, Allison, the city of Hollis and its police department, and Landon Tillman. Mills and Best filed answers to the complaint Monday.
Representatives for the parties could not immediately be reached for comment Wednesday.
Franks is represented by Laura L. Hamilton and Lawrence R. Murphy Jr. of Hamilton Murphy Law.
Orr, Rance Tillman, Allison, Harmon County Board of County Commissioners and the Harmon County Sheriff's Office are represented by Robert S. Lafferrandre, Jessica L. Dark and Jessica James Curtis of Pierce Couch Hendrickson Baysinger & Green LLP.
Landon Tillman, the city of Hollis and the Hollis Police Department are represented by John J. Love and Margaret McMorrow-Love of The Love Law Firm.
Mills is represented by Stan Koop and Elise Horne Brookover of Goolsby Proctor.
The case is Franks v. Mills et al., case number 5:25-cv-00129, in the U.S. District Court for the Western District of Oklahoma.
--Editing by Marygrace Anderson.
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