State Health Department inspectors given access to Oklahoma County Jail following legal battle • Oklahoma Voice

OKLAHOMA CITY — The Oklahoma State Health Department resumed unannounced inspections at the Oklahoma County jail following an order from a district judge dismissing a lawsuit challenging their authority. 

The jail had denied inspectors access twice which led to a legal dispute between the Health Department and the Oklahoma County Criminal Justice Authority, or OCCJA, the trust that manages the correctional facility. 

Following the district judge’s Nov. 5 verbal order, the jail granted a Health Department inspector access for an unannounced inspection Friday, prior to it being filed officially with the court Monday. 

Erica Rankin, a spokesperson for the Health Department, said the report from the Friday inspection was not finished yet. 

District Judge Brent Dishman dismissed the case based on one word found in state statute. 

“Based upon the use of the word ‘shall’ … the Court finds that the plain language of the statute indicates health inspectors shall have access to the jail, whether announced or unannounced, any time they show up to conduct inspections,” his order said. 

The OCCJA had sued the Health Department, claiming that Oklahoma law does not give state health officials the right to conduct surprise inspections at county jails. The jail trust asked the court to declare that the Health Department has no lawful authority to conduct the inspections without prior notice. 

The Health Department sought to have the case dismissed, pointing to unhealthy and dangerous conditions in the jail as reason for the need for surprise inspections. The agency cited previous failed inspections and inmate deaths. 

A similar case is pending before the Oklahoma Supreme Court, but the Health Department moved for its dismissal Monday. 

In the filing, the Health Department’s counsel wrote that the order from the district court resolved the issue. They also wrote that the OCCJA plans to appeal this order, meaning the case could end up before the Supreme Court which would create duplicate cases before the court. 

A spokesperson for OCCJA did not respond to a request for comment or confirm that an appeal is planned.