Jail employees transported Lance about noon Dec. 19 to McAlester Regional Hospital, where doctors said they were unable to treat Lance’s condition and indicated that he required immediate transfer to a urologist in Tulsa, according to the lawsuit.

Rather than transport Lance to a Tulsa hospital, Pittsburg County officials returned the 32-year-old to the jail, where they arranged for him to be released on his own recognizance, according to the lawsuit.

Initially filed in state court, the lawsuit was refiled Oct. 10 in U.S. District Court in Muskogee at the request of Pittsburg County officials.

The lawsuit names as defendants Pittsburg County Sheriff Chris Morris, the Pittsburg County Board of County Commissioners, three county sheriff’s deputies, a nurse and up to 10 other unnamed individuals.

County officials filed a motion Tuesday that seeks to dismiss the lawsuit on the grounds that the case is improperly being brought by a dead person.

Citing language in the petition that indicates Lance is deceased, county officials say a representative of Lance’s estate should have brought the lawsuit if, in fact, he is dead.