Carmichael v. Oklahoma Department of Corrections et al

Filing 41

JUDGMENT in favor of Thomas Carmichael against Oklahoma City City of, Oklahoma Department of Corrections, Joe M Allbaugh permanently enjoining Defendants and their officers, agents, servants, employees, and attorneys, as well as anyone in active con cert with such persons, from enforcing OSORAsresidency restrictions against Plaintiff to prohibit Plaintiffsresidence in his home. IT IS FURTHER ORDERED that Plaintiffs claims under the United States Constitution are DISMISSED as moot WITHOUT PREJUDICE. Signed by Honorable Timothy D. DeGiusti on 8/28/2019. (mb)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
THOMAS CARMICHAEL,
Plaintiff,
v.
THE OKLAHOMA DEPARTMENT OF
CORRECTIONS, and JOE M. ALLBAUGH,
as Director, and the CITY OF OKLAHOMA
CITY.
Defendants.

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Case No. CIV-17-869-D

JUDGMENT GRANTING PERMANENT INJUNCTION
The Court has reviewed Defendants’ Joint Brief in Opposition of Granting Plaintiff
Summary Judgment [Doc. No. 39], filed in response to the undersigned’s Order [Doc. No.
34] directing Defendants to show why Plaintiff is not entitled to summary judgment on his
claims.

Order [Doc. No. 34] at 10–11.

In its Order [Doc. No. 40], entered

contemporaneously herewith, the Court determined that the residency restrictions of the
Oklahoma Sex Offender Registration Act (“OSORA”) were not properly applied to
Plaintiff’s home in light of the unambiguous statutory language and, thus, Plaintiff has the
legal right to reside in his Edmond home. The Court granted Plaintiff summary judgment
accordingly. The Court has further determined that, under the facts and circumstances of
this case, permanent injunctive relief is appropriate.
THEREFORE, judgment is entered in favor of Plaintiff and against Defendants,
permanently enjoining Defendants and their officers, agents, servants, employees, and
attorneys, as well as anyone in active concert with such persons, from enforcing OSORA’s

residency restrictions [Okla. Stat. tit. 57, § 590(A)] against Plaintiff to prohibit Plaintiff’s
residence in his home located at 2813 Shady Tree Lane, in Edmond, Oklahoma.
IT IS FURTHER ORDERED that Plaintiff’s claims under the United States
Constitution are DISMISSED as moot WITHOUT PREJUDICE to refiling.
ENTERED this 28th day of August, 2019.

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