A federal judge on Monday dismissed a civil rights lawsuit brought by the estate of Terence Crutcher Sr. against the city of Tulsa and one of its former police officers.
U.S. District Judge Eric Melgren granted summary judgment to Betty Jo Shelby, finding that qualified immunity bars the Crutcher estate’s Fourth Amendment claim of excessive force against the former Tulsa police officer.
Qualified immunity is a judicial doctrine that shields public officers from damage actions unless their conduct was unreasonable in light of clearly established law, according to Melgren’s order.
The Tulsa Police Department released video from its helicopter showing officers and Terence Crutcher Sr. on Sept. 16, 2016. A federal judge has dismissed a civil rights lawsuit brought by the Crutcher’s estate against the city of Tulsa and former police Officer Betty Shelby.
Screengrab
Melgren determined that attorneys for Crutcher’s estate failed to show that Shelby was violating a clearly established law when she fatally shot Crutcher in September 2016.
“Therefore, the Court grants Officer Shelby’s motion for summary judgment, finding that qualified immunity bars (the Crutcher estate’s) Fourth Amendment claim against her,” Melgren wrote in his 14-page order.
Melgren also granted summary judgment in favor of Shelby regarding 14th Amendment due process claims made against her after finding that attorneys for the estate failed to “substantively respond to Officer Shelby’s arguments against the claim.
Melgren also dismissed the city of Tulsa from the federal lawsuit after declining to exercise jurisdiction in the remaining claim against the city, a vicarious liability wrongful death claim under state law.
The city of Tulsa issued the same response as it did in February 2023, when Melgren dismissed most of the federal claims against the city.
“The City of Tulsa respects the court’s decision and clarity on the lawsuit, and we remain committed to working together to build a stronger Tulsa,” the city said through a spokeswoman.
Attorney Demario Solomon-Simmons, who filed the lawsuit on behalf of the Crutcher estate, could not be reached for comment on the ruling.
Crutcher, a Black man who was unarmed, died Sept. 16, 2016, after being shot by Shelby, a white officer who had stopped to investigate a vehicle running unattended in the roadway.
Shelby, who was acquitted of a manslaughter charge in Tulsa County District Court, testified at her trial that she shot Crutcher when she saw him put his hand through his SUV’s half-open window — which she said was a sign that he was reaching for a gun — after ignoring commands to stop.
A federal lawsuit filed June 15, 2017, on behalf of the Crutcher family lodged eight causes of action against the city of Tulsa, seven of which were based on alleged constitutional rights violations.
Shelby’s attorney, Scott Wood, said in an interview that the ruling should end the litigation against his client, absent an appeal or a motion to reconsider.
A wrongful death claim could be filed in state court, but it would have to be against the city of Tulsa and would cap damages at $175,000, Wood said.
He said Shelby was “very ecstatic” about the ruling.
“She is extremely happy this will be the end of it,” Wood said.
Shelby resigned from the Tulsa Police Department after she was acquitted in her criminal trial.
She later worked as a Rogers County deputy before moving about four years ago to work in another state in a different profession, Wood said.
The new Tulsa World app offers personalized features. Download it today.
Users can customize the app so you see the stories most important to you. You can also sign up for personalized notifications so you don't miss any important news.
If you're on your phone, download it here now: Apple Store or Google Play
Patrick Prince
Seven years ago: Tulsa police officer fatally shoots Terence Crutcher
Sept. 16, 2016: Tulsa police officer fatally shoots Terence Crutcher
Terence Crutcher, 40, dies after he was shot by a Tulsa officer near 36th Street North, just west of Lewis Avenue. Crutcher leaves behind four children.
Provided
Sept. 18, 2016: Police release names of officers involved in shooting
Tulsa police release the names of the two officers involved in the shooting . Officer Betty Shelby, 42, discharged her duty weapon and Officer Tyler Turnbough deployed his Taser, police said. Shelby is placed on routine administrative leave with pay.
Sept. 19, 2016: Police release video of shooting
Video and audio of the shooting is released to the public . Among the chatter heard from the police helicopter flying above the Crutcher scene: “Looks like a bad dude, too. Could be on something.”
The Crutcher family demands immediate charges against Shelby. During an afternoon news conference, Tulsa Police Chief Chuck Jordan said officers found no gun on Crutcher or in his SUV.
Sept. 20, 2016: Police say PCP in vehicle used by Crutcher
The story is gaining statewide and nationwide attention. Everyone from Donald Trump to Hillary Clinton to Mary Fallin to Colin Kaepernick comments on the Crutcher shooting.
Police announce that they found PCP in the vehicle used by Crutcher the night he was fatally shot.
Provided
Sept. 20, 2016: Attorneys for Crutcher family address shooting
Attorneys for the Crutcher family hold a news conference to address what they call misinformation reported by Tulsa police.
Attorney Benjamin Crump says he wants to draw the public’s attention to the notion initially suggested by police that Crutcher was reaching into his vehicle when he was shot.
Attorneys show reporters poster-size images from police video footage, saying they show Crutcher’s hands raised above his head where he lies on the ground in a blood-soaked shirt next to his vehicle. They also point out what they believe is a blood streak on the vehicle’s driver’s side window, which they say indicates that it was closed when Crutcher was shot.
Tulsa World file
Sept. 22, 2016: First-degree manslaughter charge filed against Tulsa officer
The Tulsa County District Attorney’s Office files a first-degree manslaughter charge against Betty Shelby.
Photo by MIKE SIMONS/Tulsa World file
Sept. 27, 2016: Rev. Al Sharpton, other civic leaders lead justice march
Before marching almost a mile through downtown Tulsa with about 400 people, the Rev. Al Sharpton and other civic leaders urge the crowd to remain peaceful as they seek justice for Crutcher's death.
Sharpton, other religious leaders, members of the Crutcher family and several attorneys speak at a “National Prayer Call for Justice March” before leading the crowd from the Greenwood Cultural Center, 322 N. Greenwood Ave., to City Hall, 175 E. Second St.
The crowd spans about a block as people march behind a banner that features a photo of 40-year-old Terence Crutcher and reads “#Justice4Crutch” and “hands up, don’t shoot.”
Click here to view photos from the event
Photo by MATT BARNARD/Tulsa World
Sept. 30, 2016: Tulsa officer Betty Shelby pleads not guilty
Tulsa police officer Betty Shelby, pleaded not guilty to first-degree manslaughter in the fatal shooting of Terence Crutcher.
Shelby remained silent in the courtroom other than answering “yes” to acknowledge her presence.
Photo by MIKE SIMONS/Tulsa World file
Sept. 30, 2016: Mother of Terence Crutcher's children removed as his estate administrator
Attorneys representing Terence Crutcher’s sister and parents argued Frenchel Renee Johnson was legally disqualified from being administrator due to past felony convictions and because Crutcher’s parents have temporary custody of the couple’s children.
Tulsa World File photo
Oct. 11, 2016: PCP found in Terence Crutcher's system; family attorney calls it 'immaterial'
Terence Crutcher had “acute phencyclidine intoxication” when Tulsa Police Officer Betty Shelby fatally shot him once in the upper right chest, the Oklahoma State Medical Examiner’s Office ruled .
Crutcher family attorney Damario Solomon-Simmons issued a statement saying that "today's toxicology report does not change the most pertinent facts of this tragedy: Officer Betty Shelby shot and killed Terence Crutcher who was, unarmed and had his hands up, without provocation or justification and she should be held accountable for her unlawful actions."
Provided
Oct. 25, 2016: GoFundMe ordered to be placed in Terence Crutcher's estate
Tulsa County District Judge Kurt Glassco ordered that all the funds raised in a GoFundMe campaign , $150,000, initiated after Terence Crutcher’s death.
The judge also said he won’t announce his decision on whether Terence Crutcher and Frenchel Johnson, the mother of Crutcher's three children, had a common-law marriage.
Photo by IAN MAULE/Tulsa World File
Nov. 29, 2016: Tulsa detective testifies about vehicle window
At a preliminary hearing , Tulsa Police Department homicide detective Sgt. Dave Walker testifies that Shelby and another officer saw Crutcher reach with his left hand through the half-open window of his vehicle, prompting them to deploy their weapons.
Tulsa World file
Nov. 29, 2016: Betty Shelby's daughter decries media coverage
The daughter of Tulsa Police Officer Betty Shelby decried “the media” coverage of Terence Crutcher’s fatal shooting and told reporters her mother already has been tried in the court of public opinion.
Photo by COREY JONES/Tulsa World File
Dec. 5, 2016: No common-law marriage; GoFundMe money now in estate account
District Judge Kurt Glassco wrote that Frenchel Johnson’s relationship with Terence Crutcher, despite its length, does not meet the statutory burden for a common-law marriage in Oklahoma.
Glassco instead said Johnson and Crutcher’s three minor children are the heirs to the estate, as well as another child Crutcher had from a previous relationship.
The GoFundMe account received around $168,000 in contributions, which family attorneys said GoFundMe collected a percentage from before disbursing it.
Photo by MIKE SIMONS/Tulsa World File
Feb. 1, 2017: Trial date set for Tulsa officer Betty Shelby; defense motions overrruled
Tulsa County District Judge Doug Drummond overruled two Jan. 11 motions from Betty Shelby’s defense that sought to place her case again before a preliminary hearing judge or dismiss the charge due to insufficient evidence.
In making his ruling, Drummond said Special Judge Martha Rupp Carter did not abuse her discretion when she decided not to allow Shelby to call witnesses during her Nov. 29 preliminary hearing.
Shelby's trial is set for May 8, and she remains on Tulsa Police administrative leave without pay as of Sept. 22.
Photo by MIKE SIMONS/Tulsa World File
March 23, 2017: Tulsa officer Betty Shelby denied request for another preliminary hearing
The Oklahoma Court of Criminal Appeals unanimously ruled that District Judge Doug Drummond did not abuse his discretion when he affirmed a decision by Special Judge Martha Rupp Carter not to allow Betty Shelby to present witness testimony on her behalf at her Nov. 29 preliminary hearing.
Shelby remains on track for a May 8 jury trial.
Photo by MIKE SIMONS/Tulsa World File
March 29, 2017: Defense moves to toss 'bad dude' comment
Defense attorneys for Tulsa Police Officer Betty Shelby asked a judge to prohibit jurors from listening to “irrelevant” audio about Terence Crutcher’s appearance from officers in a police helicopter the day Shelby fatally shot Crutcher.
Attorney Shannon McMurray has also requested that jurors be allowed to hear information about Crutcher’s past, including a history of drug use and state incarceration.
The requests were denied in April.
Tulsa World File photo
April 2, 2017: Tulsa officer Betty Shelby appears on '60 Minutes'
Betty Shelby is featured on 60 Minutes and breaks down in tears while describing the circumstances that led to her decision to shoot Crutcher.
As a result, the judge presiding over Shelby's trial admonishes her in a written order after he had cautioned the state and defense on speaking publicly about the case.
Photo by IAN MAULE/Tulsa World File
April 12, 2017: Special treatment at the courthouse?
"Former Tulsa Police Officer Betty Shelby has been given extraordinary privileges that the average person is not afforded at the courthouse," writes Tulsa World photo editor John Clanton . "She parks in a private lot on the west side of the courthouse. She enters the building through the Sheriff’s Office and is led into the courtroom through judges’ chambers. She is not seen in the hallways at the courthouse. She’s led out the same way. Kept out of sight from everyone and protected by sheriff’s deputies.
"All this from a Sheriff’s Office that promised transparency.
"There also is black paper on the windows of the judges’ chambers and the courtroom. They are the only windows blacked out on the fourth floor. "
Photo by MIKE SIMONS/Tulsa World File
April 24, 2017: National nonprofit raising money for Officer Betty Shelby's 'cost of living'
A national nonprofit organization that is raising funds to help embattled Tulsa Police Officer Betty Shelby issued a statement in her defense , describing her as “on trial for her life and livelihood.”
Jim Fotis, president of the National Center for Police Defense, told the Tulsa World his group has raised nearly $100,000 for Shelby since becoming involved in her case about a month after she fatally shot Terence Crutcher in September.
Photo by MIKE SIMONS/Tulsa World File
May 2, 2017: Tulsa police union files ethics complaint against DA
The Tulsa police union lodged an ethics complaint against District Attorney Steve Kunzweiler, alleging he “unfairly” charged Officer Betty Shelby without probable cause because he “rushed” to a decision before all evidence had been submitted to his office.
The ethics complaint, filed with the Oklahoma Bar Association, alleges Kunzweiler didn’t have probable cause to charge Shelby “merely based on watching a video” of her fatal encounter with Terence Crutcher.
Photo by IAN MAULE/Tulsa World File
May 8, 2017: Jury selected for Tulsa officer Betty Shelby trial
A jury has been chosen , with 14 individuals set to hear the evidence against Tulsa Police Officer Betty Shelby.
The jury panel of 12 includes two black women, and a black man is among the two alternates.
Photo by MIKE SIMONS/Tulsa World File
May 10, 2017: Rev. Al Sharpton returns to Tulsa for 'Call for Justice' rally
Sharpton said he came to Tulsa because the Crutcher family asked him to come.
“We didn’t come to start trouble; we came to stop trouble.”
He said the shooting of a man with his hands up has been the “only violence committed in this entire ordeal.”
“Not one window was broken. Not one brick was thrown.”
Tulsa World File photo
May 15, 2017: Defense rests after unsuccessful motion for mistrial
The defense motion cited perceived implications by prosecutors that Tulsa officer Betty Shelby took time to "get her story straight" before giving an official police interview about the fatal shooting of Terence Crutcher.
Photo by MIKE SIMONS/Tulsa World File
May 18, 2017: Jury 'could never get comfortable with the concept of Betty Shelby being blameless'
The jurors in Betty Shelby’s trial believed she acted according to her training when she fatally shot Terence Crutcher, but several believed she didn’t do all she could to mitigate the situation , which left the group unable to get “comfortable with the concept of Betty Shelby being blameless.”
The jury deliberated for just more than nine hours before reaching its decision. Several jurors were in tears as the judge read the not-guilty verdicts for the two theories of manslaughter — heat of passion and resisting criminal attempt — for which Shelby was charged.
Photo by MIKE SIMONS/Tulsa World File
May 20, 2017: Demonstrators at Mayfest host 'die in'
Downtown Tulsa's Mayfest was the site of protestors laying in the intersection of Main and Third streets in holding a "die in," demanding justice for Terence Crutcher.
Organizer Tykebrean McClain said the demonstration’s other aim was to show people what it is like to be bombarded with images and videos on social media of the people, mainly of color, killed by police.
Tulsa World File photo
May 23, 2017; Tulsa officer Betty Shelby gets back pay; moves to administrative duty
Tulsa Police Chief Chuck Jordan in a statement said that Betty Shelby, “pursuant to the jury verdict” will return to work but not in a “patrol capacity.”
City spokeswoman Michelle Brooks said Shelby will receive back pay for the whole time she was on unpaid administrative leave, or almost $36,000 worth of salary.
Photo by MIKE SIMONS/Tulsa World File
July 14, 2017: Betty Shelby resigns from Tulsa Police
Betty Shelby, who had returned to work in a different role a few days after her acquittal, resigns from the Tulsa Police Department.
Photo by MIKE SIMONS/Tulsa World File
Aug. 10, 2017: Betty Shelby joins Rogers County Sheriff's Office
Shelby is signed on by the Rogers County Sheriff’s Office . Sheriff Scott Walton had been one of Shelby's biggest vocal supporters during her trial. She is sworn in a few days later. She joins as an active reserve deputy.
Tulsa World file
Aug. 21, 2017: Betty Shelby seeks to expunge Terence Crutcher manslaughter case records
The petition states that Shelby has no criminal convictions, as well as no felony or misdemeanor charges pending. It asserts that Shelby “faces dangers of unwarranted adverse consequences” unless the case records are sealed.
“(Shelby)’s privacy interests outweigh the interests of the public in maintaining this arrest record as a public document,” the petition contends.
Tulsa World File photo
September 2017: Terence Crutcher's parents talk about grandchildren, coping with son's death one year later
Three of Terence’s children, ages 5, 12 and 16, live with his parents — the Rev. Joey and Leanna Crutcher.
“They have given us life after their father’s death,” said Leanna Crutcher.
“They’ve always been part of our daily lives. But since their dad is gone, they’re really part of it now,” said Joey Crutcher. “Their mother is trying to get her life together. We’re the ones left to take care of them, and we love doing it. It makes us young again. Young Terence makes it so we have to run after him.”
Tulsa World File photo
Oct. 25, 2017: Betty Shelby's request to expunge record granted
A judge grants Shelby's request to expunge the record of her manslaughter case, making her able to legally say she was never arrested or prosecuted for the shooting death of Terence Crutcher.
However, a federal wrongful death civil case is ongoing.
Tulsa World File photo
Dec. 28, 2017: Terence Crutcher Foundation forms encourage people to report negative police interactions
The form asks questions about excessive force, racial profiling and whether the person reporting is willing to testify in court. The reports can be dropped off at most north Tulsa churches and will be used by the foundation to create change, said Terence Crutcher's sister, Tiffany Crutcher.
“The Tulsa Police Department has a culture, a practice and a pattern of racially profiling people in our community, discriminating against the people in our community, and we can no longer say it’s just a few bad apples,” she said.
Photo by REECE RISTAU/Tulsa World
March 30, 2018: Tiffany Crutcher talks about implicit-bias training for Tulsa police
Tiffany Crutcher, twin sister of Terence Crutcher, is pleased that the Tulsa Police Department will begin implicit-bias training next month to help combat officers’ potential subconscious biases, including those involving race, but she believes reformation is far from complete.
“It’s one small step in the right direction, but we have a lot of work to do,” Tiffany Crutcher told the Tulsa World . “It’s one thing to say that we’re going to implement implicit-bias training and another thing not to apply it.”
Tulsa World File photo
April 4, 2018: Crutcher family files second wrongful death lawsuit against city
Family attorneys said that Crutcher’s parents, according to state law, are not legally entitled to make a damage claim in the previously filed federal case against former Tulsa officer Betty Shelby, the city of Tulsa and Chief Chuck Jordan that alleges civil rights violations occurred at the time of Crutcher’s death in September 2016.
However, Oklahoma’s civil procedure statute on wrongful death claims indicates a family can file suit to recover damages for grief and loss of companionship for the children and parents of a decedent.
The lawsuit against the city was dismissed in May .
Photo by SAMANTHA VICENT/Tulsa World File
May 2018: Betty Shelby talks about joining Rogers County
She transitioned to full-time patrol duty Dec. 1, 2017 .
Because of Shelby’s time in the spotlight, Rogers County Sheriff Scott Walton discussed safety concerns with her before sending her to the streets. He said she expressed no hesitation about returning to patrol.
Tulsa World File photo
June 13, 2018: Terence Crutcher's father addresses City Council
In 1974, he said, he lost a son to crib death. In 2008, his first grandson was shot dead in a case of mistaken identity. In 2014, his first-born son died at age 44 of colon cancer.
In each instance, the Rev. Joey Crutcher told councilors , the deaths were “something that I could not control.”
“On Sept. 16, 2016,” he continued. “I lost yet another son to police brutality, something that you could have controlled. My son Terence was killed because of a flawed system within the Tulsa Police Department.”
Tulsa World File photo
August 2018: First Terence Crutcher memorial scholarships awarded
McLain High School’s valedictorian wants to work with expectant mothers as a medical sonographer, and a scholarship in remembrance of Terence Crutcher is helping launch her toward that career.
Sade Dale (pictured) is entering that two-year program at Tulsa Community College with her books taken care of courtesy of the Crutcher Family Scholarship Fund . This year’s other beneficiary of the fund is Malachi White, a graduate of Edison High School going to LSU Shreveport to play basketball.
The scholarships will be presented during the second annual Terence Crutcher Foundation Memorial Gala in September.
Photo by STEPHEN PINGRY/Tulsa World File
Aug. 27, 2018: Betty Shelby teaches course for officers on 'surviving the aftermath of a critical incident'
Rogers County Sheriff’s Deputy Betty Shelby is scheduled to teach a class on “surviving the aftermath” of officer-involved shootings next week at the Tulsa County Sheriff’s Office, drawing criticism from a local activist group.
Shelby will inform participants about “many of the legal, financial, physical, and emotional challenges” that may arise after an officer shoots someone, according to a course synopsis on a state government website.
Protesters also attended the event.
Tulsa World File photo
Nov. 11, 2018: Betty Shelby uninvited to law enforcement conference
Betty Shelby was scheduled to speak at the Southeastern Homicide Investigators Conference in Baton Rouge, Louisiana.
In a statement, the organization stated it originally wanted Shelby to speak as part of an exercise for conference attendees to evaluate how they would have investigated the case.
Photo by MIKE SIMONS/Tulsa World File
Dec. 12, 2018: Community leaders challenge Tulsa Police hiring of Betty Shelby
Standing just steps outside the front entrance of City Hall and holding a bullhorn to his mouth, Nate Morris accused the Tulsa Police Department of ignoring allegations of domestic incidents involving Betty Shelby that should have disqualified her from being a police officer.
“She was allowed by our city to carry a weapon and was paid to use that weapon to take the life of a father, a son, a brother, student and friend,” Morris said in reference to Shelby’s fatal shooting of Terence Crutcher in 2016 . “They knew the risk, and they knew about Betty Shelby’s past, and they did nothing.”
Photo by STEPHEN PINGRY/Tulsa World File
March 1, 2019: Betty Shelby will not face charges for federal civil rights violation
The U.S. Department of Justice says it did not find sufficient evidence to prosecute Shelby for a federal civil rights violation. A month later, a state appellate court upholds the dismissal.
Tiffany Crutcher says the decision is “very disappointing” but says the family is still “not defeated.”
Photo by MATT BARNARD/Tulsa World File
March 14, 2019: Tiffany Crutcher addresses city council; mayor responds
Mayor GT Bynum said he has nothing but admiration for the Crutcher family and compassion for what they have been through.
“They are really good people who endured a horrible loss,” he said.
At the same time, Bynum said, he is troubled by the way Damario Solomon-Simmons has portrayed Tulsa’s police officers.
“Do I think their attorney jumps in front of the cameras every chance he gets to belittle the Tulsa Police Department and to belittle the hard work of so many people in our community who are trying to do work on community policing? Yeah, I do.”
Photo by KEVIN CANFIELD/Tulsa World File
March 21, 2019: Dismissal of a Terence Crutcher wrongful death lawsuit upheld
A state appellate court upheld the dismissal of a wrongful death lawsuit filed by the estate of Terence Crutcher against the city of Tulsa on the grounds that a similar lawsuit is pending in federal court.
The Oklahoma Court of Civil Appeals ruled that District Judge Mary Fitzgerald properly dismissed a lawsuit brought in 2018 by Crutcher’s estate because it violated a state ban on splitting claims in different courts.
April 2019: Betty Shelby to teach basic NRA pistol course with husband
Scott Wood, Betty Shelby’s attorney, said the event is the most rudimentary class for firearms available. The class would be a prerequisite for concealed carry or tactical courses, though he said he doesn’t think the Shelbys intend to expand to those topics.
Tulsa World File photo
May 14, 2019: Tiffany Crutcher takes policing reform campaign to Capitol Hill
Tiffany Crutcher, who remains active locally on police reform issues, takes her policing reform campaign to the nation’s capital to push for legislation to end the kind of shootings that she blames for her twin brother’s death.
Photo by MATT BARNARD/Tulsa World file
September 2019: Tulsa Police improve aspect of its use-of-force policy since Terence Crutcher's death
In the three years since a Tulsa police officer killed Terence Crutcher, a policing reform researcher says the department has improved an aspect of its use-of-force policy, but it still needs more work.
The Tulsa Police Department inserted language into its policy nine months ago to require that officers use de-escalation tactics or alternatives to higher levels of force whenever possible and appropriate.
A researcher with Campaign ZERO, a national police reform advocacy group, says that language improved TPD’s policy, but overall it remains vague in specifying when deadly force is OK.
Photo by IAN MAULE/Tulsa World File
April 2020: Terrence Crutcher Foundation offers free meals to 'health care heroes'
“Health care heroes,” first responders and city sanitation workers can have free lunch at select north Tulsa, black-owned businesses thanks to the Terrence Crutcher Foundation.
“The Terence Crutcher Foundation is thankful beyond words for the selflessness of our frontline heroes and is committed as an organization to joining alongside our fellow Tulsans in showing our gratitude and support for them in this difficult time,” a news release states.
Tulsa World File photo
Be the first to know
Get local news delivered to your inbox!