Jeannie McClaine, individually and as next of kin to, Daniel Hobbs, deceased vs. The City Of Oklahoma City

Case Background

On January 12, 2013, Plaintiff   Jeannie McClaine filed a wrongful death lawsuit in the United States District Court of Oklahoma (Case number: CJ-2023-229) following the police shooting of her son, Daniel Hobbs. The lawsuit alleged that Officer Daniel Lopez used excessive force, resulting in Daniel Hobbs’ death. Anthony L. Bonner presided over this case.

Cause

On May 11, 2021, Officer Daniel Lopez, a five-year veteran of the police force, shot and killed Daniel Hobbs, a 34-year-old man, in the 4000 block of NW 33. Police initially described the incident as a domestic-related disturbance. However, Hobbs’ mother, Jeannie McClaine, later filed a wrongful death lawsuit in Oklahoma County District Court. She claimed her son had only been visiting his grandparents when the fatal police shooting occurred.

A neighbor had called the police, alleging that Hobbs had a victim protective order against him related to his grandparents. However, court records did not support this claim. The caller also reported that Hobbs was under the influence of drugs

Injuries

Officer Lopez arrived at the scene wearing a body camera, which recorded his initial interaction with Hobbs. The footage showed Lopez approaching Hobbs and asking about his actions. Hobbs responded that he was trying to “get the sky to come down.” He also disclosed that he had schizophrenia.

Lopez, a trained crisis intervention officer, asked Hobbs if he had any weapons. He then attempted to handcuff him. This led to a physical struggle. Lopez ordered Hobbs to put his hands behind his back, but Hobbs protested, insisting he had done nothing wrong. During the altercation, Lopez’s body camera turned off.

Police later claimed that Hobbs gained control of Lopez’s Taser. A neighbor recorded video footage showing Lopez shooting Hobbs while they were on the ground. Emergency responders transported Hobbs to a hospital, where doctors later pronounced him dead.

Damages

Jeannie McClaine filed a wrongful death lawsuit seeking damages exceeding $75,000.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Jeannie McClaine, individually and as next of kin to, Daniel Hobbs, deceased
    • Counsel for Plaintiff: Jeffrey Box
  • Defendant(s): The City Of Oklahoma City
    • Counsel for Defendants: Benjamin Rose | Zachary A. Waldroup

Claims

She accused Officer Lopez of using excessive force and escalating the situation unnecessarily. The lawsuit argued that Hobbs had been standing peacefully in his grandparents’ yard before Lopez tried to handcuff him, leading to the fatal police shooting.

Hobbs’ family disclosed that he had schizophrenia and had not taken his prescribed medication for months. They also claimed that the police department knew about his mental health condition. Authorities later revealed that earlier in the year, officers had responded to the same residence. During that incident, Hobbs allegedly threatened his grandfather and another person with a knife, stating he would kill them.

Defense

The City of Oklahoma City filed an answer to Jeannie McClaine’s lawsuit regarding the fatal police shooting of Daniel Hobbs. The City denied most of the allegations in the petition and raised several affirmative defenses. Officials argued that McClaine’s petition failed to state a valid claim for relief. They also contended that she lacked standing to sue under the Governmental Tort Claims Act. Additionally, they asserted that McClaine was not an authorized representative under Section 156(F) of the Act.

Further, the City maintained that it committed no acts of negligence. Officials denied any negligence in hiring, supervising, retaining, or training employees. They asserted that all actions taken were lawful and justified. The City also argued that the plaintiffs’ own unlawful or negligent acts caused any injuries or damages. Furthermore, they claimed that the plaintiffs failed to mitigate their damages.

The City stated that it did not owe a duty to the plaintiffs. They also argued that third parties, not the City, caused any alleged damages. Officials acknowledged receiving a notice of tort claim from McClaine on April 25, 2022. However, they maintained that the plaintiffs did not properly comply with the Governmental Tort Claims Act. The City asked the Court to deny the plaintiffs’ request for judgment. They also requested that the Court grant the City its costs and any other relief deemed appropriate.

Jury Verdict

On February 2, 2025, the city agreed to pay $50,000 to Jeannie McClaine to settle the wrongful death lawsuit over the fatal police shooting of Daniel Hobbs. The settlement resolved McClaine’s claims that Officer Daniel Lopez used excessive force and escalated the situation without justification

Court Documents:

Documents are available for purchase upon request at jurimatic@exlitem.com