'They are wasting money': Attorney criticizes Oklahoma DOC response to court orders

OKLAHOMA CITY (KFOR) – An attorney representing six former Oklahoma Department of Corrections (ODOC) employees said he believes the state agency is going too far by vigorously appealing orders to reinstate them.

Matthew Frisby said he's taken on each of the six employees cases in a span of just a little over a year. He said each case has gone before a judge, and a reinstatement order has been granted with backpay, but the former employees involved have not been allowed to return to work.

"When they start to appeal, there's no time limit," said Frisby. "We could be a year, two years, three years, especially if it goes to district court."

Frisby said that process can often be frustrating for his clients, who are forced to either give up their case or wait out the legal system.

"They got a piece of paper that says reinstate them immediately, and yet they can't go back to work," said Frisby.

Frisby said one of those clients includes former corrections officer Ashlee Teafatiller, who was fired in June last year after a February incident between her and an inmate.

Security footage revealed an inmate blocked the cell food port with his arm when Teafatiller entered the quad run to conduct count, according to her termination letter from the Oklahoma Department of Corrections (ODOC).

The letter went on to cite surveillance video allegedly showing Teafatiller’s body language reflecting her “berate” the inmate in an “unprofessional manner.”

The inmate reportedly threw a liquid substance, possibly urine, at Teafatiller as she walked past his cell.

ODOC claims the inmate relinquished his method of assault when he threw the cup at Teafatiller, but that she chose to deploy pepper spray anyway.

Frisby told News 4 at the time, the letter was factually incorrect. A judge deciding last year to side with Teafatiller, recommending she be reinstated with backpay for the time she was paid.

The same recommendation was made for Frisby's five other clients, who News 4 confirmed with ODOC were former employees: Dr. Whitney Louis, Warden Garner Luke Pettigrew, Kale Howes, Sunnie Sumner and Steven Gardner.

"It's mind boggling that I've got six orders stemming back from 2023 to now, putting employees back to work and they refuse to do it," said Frisby. "They're violating the spirit of the law."

Frisby said he respects the appeals process, but that it's hard to keep his clients in good spirits to continue; especially after receiving orders that have gone their way.

"Ashlee is one of them," Frisby said, when asked to describe what he's dealt with. "Before we retried her case, she was in tears. She goes, I don't want to go through this again...I'm never going to get paid."

News 4 requested an interview with ODOC addressing the orders related to the former employees and their appeals. An ODOC spokesperson provided the following statement instead:

"These cases each involve circumstances in which employees at the Oklahoma Department of Corrections engaged in conduct that was inappropriate, contrary to policy, and/or unlawful. ODOC stands by our decisions in each of the cases to issue appropriate discipline to those employees. By ordering reinstatement of those employees, the Civil Service Division has acted contrary to state and federal law, and ODOC will continue to appeal any decisions made in that manner. ODOC takes very seriously its responsibilities to the people of Oklahoma, including the inmates under our care. We will continue to act accordingly in managing our workforce."

Oklahoma Department of Corrections

News 4 asked Frisby if he believes there's a chance that a judge at any point in any of the appeal processes will side with ODOC.

"I don't think so," said Frisby. "I really don't. I think that these are going to continue to go in our way."

Frisby said he is though, concerned about what that could mean for Oklahoma taxpayers, given that if the rulings stand, ODOC will owe all six former employees hundreds of thousands of dollars.

"DOC's conduct makes me mad because they are wasting money," said Frisby. "They could use that money to by stab vests. They could use that money to buy radios. They could use that money to hire another employee...It's just an absolute waste of money."