Rep. Humphrey, Labarthe Law Firm suing ODOC on behalf of MarQuiel Ross
OKLAHOMA CITY (KFOR) — The family of an Oklahoma prisoner, who was allegedly killed by his cellmate, is now taking legal action after raising questions about his death and the length of his incarceration.
They announced the lawsuit against the Oklahoma Department of Corrections (ODOC) on Thursday.
News 4 spoke with MarQuiel Ross' family in December 2024, saying that he should have already been released before his death.
The family also said there were discrepancies surrounding the date of his death and alleged that ODOC waited nearly a week to notify them.
The department is now addressing those claims further and what they say is "misinformation."
Leaders with the Department of Corrections say they have done nothing wrong, and this is all part of a personal attack by a state lawmaker.
However, the family of MarQuiel Ross says if things were done right inside of the prison, he would still be here today.
"The lack of transparency from the DOC, we have no other choice but to go this route because we're not getting the answers from them that we have asked for," Rachel Macon, MarQuiel Ross' Aunt said. "Very draining, very emotional, very heartbreaking."
Labarthe Law is representing Ross' family and has experience with ODOC already from a lawsuit filed last year involving accusations that inmates were held in showers for days and not given food or water.
"This is an endemic problem with the Department of Corrections," Richard Labarthe, Lawyer said. "We've all heard the term failing upward, and I think perhaps that's exactly what's going on with this particular director."
The family of Ross claims ODOC changed MarQuiel's release date multiple times and transferred him to different prisons without any notification or documentation.
Ross, who had no prior charges and not considered dangerous, was moved to the state penitentiary, Oklahoma's highest maximum security facility.
The family also claims they were not notified when he was beaten to death inside his jail cell, only to find out days later by another inmate's family member, right after Ross was sent off by ODOC to be cremated.
"Why weren't we contacted, why the cover ups, why the different release dates?" Macon asked.
However, ODOC leaders say this is a case of misinformation led by Representative Justin Humphrey (R-Lane), a frequent critic of the agency.
In a lengthy press release Thursday, ODOC argues against multiple claims the family of Ross has made.
They say MarQuiel had eight disciplinary violations, resulting in his moves to different prisons.
Leaders also say that led to him losing credit for time served.
While at Lawton Correctional Facility, ODOC says Ross spit in the face of a transport officer, saying Ross' "escalating aggression and repeated misconduct" was the reason he was then moved to OSP.
ODOC also says, within hours of Ross' death, they tried contacting his family but were unsuccessful over the course of multiple days due to phone numbers not working and Tulsa police being unable to track down his mother because they say the address on her driver's license was invalid.
Still, the big question from the family of Ross, their lawyers, and Humphrey is, where is the documentation showing all this occurred, and why can't they get it through an open records request?
"Getting this information from them is almost impossible," Rep. Humphrey said. "I have requested it, and I have not received much of the information I want yet. They have lied about his death."
ODOC leaders telling News 4 Thursday that the records they're requesting contain confidential information, and they would need anyone requesting them to fill out a form first.
"I don't know who they're protecting," Labarthe said. "If the family doesn't have a right to know this information, then who in the world does?"
"We want them to take accountability," Macon said. "We want them to tell us what we basically already know. We know; we just want to see if they're going to be transparent and have the documentation to back it up."
Another point of contention is the date of Ross' death. The family says they were told by ODOC that he died on September 17, but the autopsy said September 12.
On Thursday, ODOC said in its press release that Ross died on September 12.
The full press release can be read here.