Stevens et al v. Animal Control Officer et al

Filing 114

ORDER by Judge Ronald A. White granting defendants' motion to dismiss ( 83 Motion to Dismiss Case for Failure to State a Claim ; 83 Motion to Dismiss for Lack of Jurisdiction) and dismissing party defendants Lindale Veterinary Clinic and Chris Gilbreath (lal, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
GAYLORD STEVENS,
Plaintiff,
v.
MUSKOGEE, OKLAHOMA ANIMAL
CONTROL, et al.,

Defendants.

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Case No. CIV-16-531-RAW

ORDER
Before the court is the motion of defendants Lindale Veterinary Clinic (“Clinic”) and
Chris Gilbreath to dismiss. Plaintiff, appearing pro se, alleges multiple claims pursuant to
42 U.S.C. §1983 against multiple defendants. Plaintiff was convicted in Texas state court
for possession of child pornography, and those convictions were recently affirmed. Stevens
v. State, 2017 WL 411382 (Tex.App. - Tyler 2017). Initially, plaintiff was arrested for
cruelty to animals, and six horses that were determined to be in poor condition were moved
“to another location for treatment.” Id. at *1. It is not perfectly clear, but it appears the
horses were transferred to movants’ facility.
Clinic is an animal hospital in Lindale, Texas and Gilbreath is a veterinary physician
employed by the Clinic. Plaintiff alleges in Claim Ten that defendants received multiple
requests to examine the subject horses. Plaintiff alleges in Claim Seventeen that Gilbreath

misdiagnosed the horses as neglected. Plaintiff alleges in Claim Thirty that Gilbreath caused
one horse’s death through his “malpractice.” Movants’ conduct took place on or about
December 24, 2013 and some days following.
Movants contend that the statute of limitations bars plaintiff’s claims. The court
agrees. Claims under §1983 are subject to Oklahoma’s two-year statute of limitations for
actions “for injury to the rights of another.” See Kripp v. Luton, 466 F.3d 1171, 1174-75
(10th Cir.2006). This action was filed December 6, 2016, outside the statute of limitations
period. Dismissal is appropriate.
Also, for the reasons stated in this court’s order granting the motion to dismiss of
defendant James Cowart, plaintiff has failed to establish a prima facie showing of personal
jurisdiction over the movants. Dismissal is appropriate on this alternative ground as well.
It is the order of the court that the motion to dismiss (#83) is hereby granted. Lindale
Veterinary Clinic and Chris Gilbreath are dismissed as party defendants.
IT IS SO ORDERED this 18th day of AUGUST, 2017.

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RONALD A. WHITE
UNITED STATES DISTRICT JUDGE

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