The Oklahoma State Department of Health resumed unannounced inspections at the Oklahoma County Jail following a district judge’s order dismissing a lawsuit challenging their authority.
The prison had denied inspectors entry twice, leading to a legal dispute between the Department of Health and the Oklahoma County Criminal Justice Authority, or OCCJA, the trust that runs the correctional facility.
Following the district judge’s Nov. 5 verbal order, the jail granted a state health department inspector access for an unannounced inspection on Dec. 6 before officially filing it with the court on Monday.
Erica Rankin, a spokesperson for the Department of Health, confirmed that the inspection took place on December 6, but said the report was not yet ready.
District Judge Brent Dishman dismissed the case based on one word in the state statute.
“Based on the use of the word ‘shall’ … the Court finds that the plain language of the statute indicates that health inspectors must have access to the jail, both announced and unannounced, whenever they appear to conduct inspections,” his statement said. command. .
A similar case is pending in the Oklahoma Supreme Court
The OCCJA had sued the Department of Health, claiming that Oklahoma law does not give state health officials the right to conduct surprise inspections of county jails. The prison trust asked the court to declare that the Ministry of Health has no legal authority to carry out the inspections without prior notice.
The Ministry of Health tried to have the case dismissed, citing unhealthy and dangerous prison conditions as the reason for the need for surprise inspections. The agency cited previous failed inspections and inmate deaths.
A similar case is pending in the Oklahoma Supreme Court, but the Department of Health has requested dismissal.
More: The OK County Jail Trust says the Department of Health went to the Supreme Court without cause
In the filing, counsel for the Department of Health wrote that the district court’s order resolved the issue. They also wrote that the OCCJA plans to appeal this order, meaning the case could end up in the Supreme Court, creating duplicate cases in court.
A spokesperson for OCCJA did not respond to a request for comment or confirm that an appeal is planned.
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This article originally appeared on Oklahoman: Oklahoma County Jail gives state health inspectors access
