Billy Joe Altstatt, acting as the brother and legal guardian of Johnny Altstatt, an incapacitated individual, filed suit against the Board of County Commissioners of Oklahoma County and the Oklahoma County Criminal Justice Authority, alleging violations of Johnny’s federal and state constitutional rights.
Defendants Board of County Commissioners for Oklahoma County and Oklahoma County Criminal Justice Authority each moved to strike Plaintiff’s expert witness, Phil Williams, on the grounds that Plaintiff failed to timely serve Williams’ expert report as required by Federal Rule of Civil Procedure 26(a).
Law Enforcement Expert Witness
Phil Williams is a retired police officer formerly assigned to the Oklahoma County Jail.
His background, knowledge and expertise as to the operation of the jail, policies, personnel, and the manner of operations is of relevance.
Discussion by the Court
In support of its motion, Defendant Board of County Commissioners for Oklahoma County provided a timeline of events similar to the one set forth by the Court above. Further, Defendant asserted that it sent two emails to Plaintiff’s counsel-the first on April 8th and the second on April 10th- asking counsel for the missing expert witness report. Defendant Board contended that Plaintiff’s counsel did not respond to either email nor did they provide an expert report for Williams.
Defendant Oklahoma County Criminal Justice Authority filed a motion to strike Williams as an expert witness for the same reasons set forth in Defendant Board of County Commissioners for Oklahoma County’s motion.
Plaintiff essentially agreed with Defendants’ narrative of the timeline of events relating to his delay in filing his expert witness list and serving Williams’ expert witness report. Further, Plaintiff conceded that his “report is overdue and counsel have made mistakes since their attorney fell ill and had to withdraw from the representation of Plaintiff.” Plaintiff represented that Defendants have now been provided with Williams’ report and Plaintiff is “agreeable to providing Williams for deposition at a mutually agreeable date and time.”
Although Plaintiff failed to timely serve Defendants with Williams’ expert report despite the Court granting him several extensions of time, the Court declined to impose the “drastic sanction” of striking Plaintiff’s expert witness. Plaintiff asserted that he was not attempting to withhold Williams’ report from Defendants for several months. Rather, Plaintiff’s counsel was trying to get up to date after their lead counsel had to withdraw from this case for medical reasons, and counsel was not in receipt of Williams’ report when the deadline expired.
Held
The Court denied both the Board of County Commissioners for Oklahoma County’s and the Oklahoma County Criminal Justice Authority’s motions to strike the testimony of Plaintiff’s expert witness, Phil Williams.
Key Takeaway
The determination of whether a Rule 26(a) violation is justified or harmless is entrusted to the broad discretion of the district court because the decision to exclude evidence is a drastic sanction.
Case Details:
| Case Caption: | Altstatt V. Board Of County Commissioners For Oklahoma County |
| Docket Number: | 5:22cv811 |
| Court Name: | United States District Court, Oklahoma Western |
| Order Date: | January 28, 2026 |
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