Donald E. Smolen, II

Bar / Professional Activity

• Member, American Trial Lawyers Association (2006-present)
• U.S. District Court Eastern District of Oklahoma, 2004
• Member, Oklahoma Bar Association
• U.S. Supreme Court, 2014
• U.S. District Court Northern District of Oklahoma, 2004
• U.S. Court of Appeals 10th Circuit, 2005
• Member, Oklahoma Trial Lawyers Association (2006-present)
• Oklahoma, 2003
• U.S. District Court Western District of Oklahoma, 2004

Verdicts / Settlements (Case Results)

• $10.25 Million Civil Rights Verdict. Donald E. Smolen II obtained a $10,250,000 jury verdict in the U.S. District Court for the Northern District of Oklahoma on behalf of the Estate of Elliott Williams against the Tulsa County Sheriff’s Department and former Tulsa County Sheriff Stanley Glanz. The federal civil rights case arose from Williams’s death while in custody at the Tulsa County Jail., 2017
• $1.5 Million Medical Malpractice Verdict – Huff v. Willits. Donald E. Smolen II and the Smolen Law trial team obtained a $1.5 million medical malpractice verdict in Huff v. Willits. The result was later recognized by TopVerdict among the Top 100 Medical Malpractice Verdicts in the United States for 2023., 2023
• $40 Million Insurance Bad Faith Verdict. Donald E. Smolen II and the Smolen Law trial team obtained a $40 million jury verdict against Progressive Direct Insurance Company in the U.S. District Court for the Northern District of Oklahoma in an insurance bad faith action., 2026

Representative Clients

• Christopher Renyles McClearyRepresented Christopher Renyles McCleary in defamation litigation against Nexstar Media Group after an Oklahoma television station mistakenly broadcast McCleary’s photograph in connection with a sex-trafficking story involving a different person. Smolen Law represented McCleary on appeal, where the Oklahoma Court of Civil Appeals affirmed the denial of Nexstar’s motion to dismiss under Oklahoma’s anti-SLAPP statute., 2025
• Estate of Elliott WilliamsRepresented the Estate of Elliott Williams in landmark federal civil-rights litigation concerning Williams’s death in the Tulsa County Jail. The case resulted in a $10.25 million jury verdict and received extensive local and national media coverage., 2017
• Brandi PowellRepresented Brandi Powell in an Oklahoma Supreme Court insurance-coverage appeal involving whether statutory treble damages arising from a hit-and-run collision were covered under an automobile insurance policy. Don was identified as counsel for Powell before the Oklahoma Supreme Court., 2022
• Yolanda Lucas, Special Administrator of the Estate of Michelle Ann CaddellRepresented the Estate of Michelle Ann Caddell in federal litigation alleging deliberate indifference to serious medical needs, wrongful death, and constitutional violations arising from Caddell’s treatment for cervical cancer while detained in the Tulsa County Jail. Don was counsel on the appellate briefs before the Tenth Circuit., 2023
• Jesse WiseRepresented Jesse Wise in federal civil-rights litigation arising from alleged excessive force while Wise was handcuffed and detained at the Creek County Jail. Don appeared for Wise before the Tenth Circuit, which affirmed the denial of qualified immunity to the officer accused of using excessive force., 2023
• Crystal GuilbeauRepresented Crystal Guilbeau before the Oklahoma Supreme Court in litigation involving hospital conduct following a miscarriage and claims concerning negligence, emotional distress, and the right to privacy. The Oklahoma Supreme Court reinstated the viability of her invasion-of-privacy claim and remanded the matter for further proceedings., 2023
• Beverly Thompson, Next Friend of Charlene HughesRepresented Beverly Thompson, acting on behalf of Charlene Hughes, in nursing-home negligence litigation involving care provided at Memorial Heights Nursing Center and significant issues concerning the enforceability of nursing-home arbitration agreements., 2025
• Estate of Thomas GayRepresented the Estate of Thomas Gay in federal civil-rights litigation arising from Gay’s fatal encounter with Bartlesville police officers. The Tenth Circuit affirmed the denial of qualified immunity to the officers on claims involving the use of a Taser and fatal shooting. Don was identified on the appellate brief for the Estate., 2025

Special Licenses / Certifications

• Oklahoma Bar Donald E. Smolen II was admitted to the Oklahoma Bar in 2003, authorizing him to practice law in the state courts of Oklahoma., 2003
• Supreme Court of the United StatesDonald E. Smolen II was admitted to practice before the Supreme Court of the United States in 2014, authorizing him to practice before the nation’s highest court., 2014
• U.S. Court of Appeals for the Tenth CircuitDonald E. Smolen II was admitted to practice before the U.S. Court of Appeals for the Tenth Circuit in 2005, allowing him to handle federal appellate matters before the court., 2005
• U.S. District Court, Western District of OklahomaDonald E. Smolen II was admitted to practice before the U.S. District Court for the Western District of Oklahoma in 2004, allowing him to represent clients in federal matters filed in the Western District., 2004
• U.S. District Court, Eastern District of OklahomaDonald E. Smolen II was admitted to practice before the U.S. District Court for the Eastern District of Oklahoma in 2004, allowing him to represent clients in federal matters filed in the Eastern District., 2004
• U.S. District Court, Northern District of OklahomaDonald E. Smolen II was admitted to practice before the U.S. District Court for the Northern District of Oklahoma in 2004, allowing him to represent clients in federal matters filed in the Northern District., 2004

Pro bono / Community Service

• John 3:16 MissionSmolen Law publicly supported John 3:16 Mission and promoted its work providing food, shelter, clothing, recovery programs and assistance to Tulsa’s homeless and at-risk population. The firm states that it is honored to stand beside the Mission., 2025
•  Operation HomefrontOperation Homefront’s 2024 annual report lists Smolen Law as a One-Star Partner, a donor category of $10,000–$49,999, supporting programs for military families. I would verify this one against the firm's records before submitting because the national report lists the donor simply as “Smolen Law” without a location., 2024
• San Miguel—a Catholic Lasallian Middle School that provides an education equivalent to that received in the top private schools in the country, to the poorest of the poor at no cost.
• Tulsa County Bar Association Holiday Family Adoption / Angel TreeSmolen Law partnered with the Tulsa County Bar Association to adopt local families during the holiday season, providing gifts and support to families in need. Don described this as one of the firm’s favorite traditions., 2024
• Youth Services of TulsaSmolen Law supported Youth Services of Tulsa as a donor at the $25,000–$49,999 giving level during the July 1, 2024–June 30, 2025 reporting year, helping support services for Tulsa-area youth., 2025
• Youth Services of TulsaSmolen Law supported Youth Services of Tulsa as a donor at the $25,000–$49,999 giving level during the July 1, 2024–June 30, 2025 reporting year, helping support services for Tulsa-area youth., 2024
• Tulsa County Bar Association Angel TreeSmolen Law participated in the Tulsa County Bar Association’s Angel Tree program, purchasing gifts and necessities for local children and families in need during the holiday season. The firm describes Angel Tree participation as an annual giving tradition., 2025
• American Red Cross of Oklahoma, Over the EdgeSmolen Law sponsored the American Red Cross of Oklahoma’s Over the Edge fundraiser at the BOK Center in Tulsa. Funds raised through the event support Red Cross disaster relief and community services throughout the Tulsa area., 2026
• Global Gardens—a non-profit organization dedicated to empowering students and communities through hands-on science education.
• Tulsa Lawyers for Children – Tulsa Lawyers for Children are the voices of children in court. The organization makes sure abused and neglected children are treated and represented just like any paying adult client.
• IronGate (Trinity Episcopal Homeless Ministry) – Iron Gate’s mission is to feed hungry people. The soup kitchen provides a hot and nutritious meal every day, the food pantry distributes grocery bags  and the kid’s pantry distributes kid’s packs along with regular groceries to those families with children.
• Tulsa Girls Arts School (GAS) Project—a grassroots non-profit art studio in Tulsa, Oklahoma committed to empowering underserved girls through visual arts training.
• Tulsa Area United Way – The Tulsa Area United Way unites people and resources to improve lives and build a stronger community.
• Family & Children Services – Family & Children’s Services is a leading provider of behavioral health care and family services for people of all ages in Tulsa and surrounding communities.
• John 3:16 Mission—John 3:16 Mission is an interdenominational Christian Ministry that exists to meet the physical, emotional and spiritual needs of Tulsa’s hungry, homeless and at-risk. Located in downtown Tulsa, OK, the Mission provides food, shelter, clothing and restorative programs to those in need. Since its founding in 1952, the Mission has served in excess of 4 million meals and provided over 1 million individual shelters to the homeless.
• Eastern Oklahoma American Red Cross – The Eastern Oklahoma Red Cross is responsible for the safety and preparedness of 1.5 million people spread across eastern Oklahoma.
• Riverfield Country Day School  – Riverfield Country Day School provides excellent education in a family-oriented atmosphere for preschool through high school in Tulsa, Oklahoma.
• Ronald McDonald House -Ronald McDonald House Charities of Tulsa is committed to providing a “home away from home” for families whose children are being treated in Tulsa hospitals for serious medical illness or injury.

Educational Background

• University of Tulsa, B.A. in Political Science, 2000

White Papers

• Provides an Oklahoma legal reference covering filing deadlines for personal injury, wrongful death, civil rights, government claims, medical malpractice, contracts, abuse claims and other civil actions, with reference to 12 O.S. § 95., Oklahoma Statute of Limitations Cheat Sheet, Legal Services, Government & Public Entities, Healthcare & Medical, Insurance, Employers & Corporate Entities, 2026
• Comprehensive guide to identifying senior-living and memory-care neglect, including unexplained injuries, medical decline, elopement, staffing problems, negligent hiring and training, wrongful death, filing deadlines, evidence preservation and reporting options., Legal Guide: Warning Signs of Neglect in Senior Living and What Families Can Do About It, Nursing Homes & Long-Term Care, Senior Living & Memory Care, Healthcare & Medical, Wrongful Death, 2025
• Provides students and parents with guidance on Oklahoma bullying law, school reporting requirements, documentation, escalation procedures and the legal responsibilities of schools when bullying is reported., How to Stop Bullying: A No-Phone Guide for Students and Parents in Oklahoma, Education & School Districts, Government & Public Entities, Civil Rights, Youth & Student Safety, 2025
• Donald E. Smolen II explains how excessive-force cases arising from police pursuits are evaluated and proven, including the underlying offense, reasonableness of the pursuit, deadly force, video and physical evidence, department policy, expert testimony and Fourth Amendment standards., How We Prove Excessive Force in Hot Pursuit Cases, Law Enforcement & Public Safety, Government & Municipalities, Transportation, Civil Rights, 2025

Scholarly Lectures / Writings

• Editor, Tulsa Law Review, University of Tulsa College of law
• Donald E. Smolen II is a Tulsa trial attorney and Managing Partner of Smolen Law, representing individuals and families in high-stakes civil litigation throughout Oklahoma and in federal court. His practice includes catastrophic injury, wrongful death, civil rights and police misconduct, insurance bad faith, nursing home neglect, medical malpractice, and other complex cases involving corporations, insurers, healthcare providers, government entities, and institutions. Don is known for taking on difficult, high-value cases and pursuing accountability through trial when necessary., Speaker, Crafting the Case: Master Strategies for Depositions, Federal Bar Association, Insurance, Healthcare & Hospitals, Nursing Homes & Long-Term Care, Government & Municipalities, Law Enforcement & Public Safety, Corrections & Detention, Education & School Districts, Transportation & Commercial Vehicles, Construction & Industrial, Retail & Hospitality, Property Owners & Premises Liability, Employers & Corporate Entities, 2025

Other Outstanding Achievements

• Oklahoma Magazine Best of the Best – Attorney: Donald E. Smolen II was recognized as the No. 3 Attorney in Tulsa in Oklahoma Magazine’s 2021 Best of the Best Awards., 2021
• Tulsa World Best in the World – Best Law Firm, Top 3 Finalist: Smolen Law was recognized as a Top 3 Finalist for Best Law Firm in Tulsa World’s 2025 Best in the World awards., 2025
• Oklahoma Magazine Best of the Best – Attorney: Donald E. Smolen II was recognized among Tulsa’s Best of the Best Attorneys, ranking No. 3 in Oklahoma Magazine’s 2025 reader-voted awards., 2025
• Oklahoma Magazine Best of the Best – Attorney: Donald E. Smolen II was recognized as the No. 2 Attorney in Tulsa in Oklahoma Magazine’s 2024 Best of the Best Awards., 2024
• Oklahoma Magazine Best of the Best – Attorney: Donald E. Smolen II was recognized as the No. 3 Attorney in Tulsa in Oklahoma Magazine’s 2023 Best of the Best Awards., 2023
• Top 100 Medical Malpractice Verdicts in the United States TopVerdict recognized the $1.5 million verdict in Huff v. Willits among the Top 100 Medical Malpractice Verdicts in the United States for 2023. Donald E. Smolen II was among the attorneys who obtained the verdict., 2023
• Oklahoma Magazine Best of the Best – Attorney: Donald E. Smolen II was selected as one of Tulsa’s Best of the Best Attorneys in Oklahoma Magazine’s annual reader-voted awards., 2022

Firm News (Newsletters)

• FOX23 reported that the Oklahoma State Department of Education suspended the teaching certificate of a Haskell woman accused of leaving a foster child outside in dangerously cold weather without proper clothing. The action added another layer of state scrutiny to a case already involving foster care oversight, DHS, law enforcement, and child protection concerns., Fox 23: OSDE suspends teaching certificate of Haskell woman accused of leaving foster child out in cold, Foster Care, Child Welfare, Oklahoma DHS, Public Education, Public Schools, Child Protection, Government
• KJRH reported that Smolen Law sought to expand its civil rights lawsuit against Tulsa’s Family Center for Juvenile Justice to include additional alleged victims and employees. The lawsuit describes years of abuse and neglect, including sexual abuse, denied medical care, excessive confinement, drug exposure, retaliation, and allegations that staff allowed or encouraged fights between juveniles. Donald E. Smolen II said the growing number of similar complaints showed systemic failures at the facility., 2 News Oklahoma: 'Nothing has changed': Attorneys add more victims, defendants to FCJJ lawsuit, Juvenile Justice, Juvenile Detention, Child Protection, Government, Civil Rights, Sexual Abuse
• NewsChannel 8 reported on a lawsuit accusing Oklahoma DHS and several employees of allowing a young child to remain in an abusive foster placement despite repeated warnings from her biological parents. The child allegedly suffered a broken elbow, black eye, bruising, and other injuries that medical providers found concerning for physical abuse. Donald E. Smolen II said the case highlights failures in DHS oversight, child protection, and accountability within Oklahoma’s foster care system., Tulsa's News Pulse: Dr. Shropshire resigns amid lawsuit accusing Oklahoma DHS of neglect, Foster Care, Child Welfare, Oklahoma DHS, Child Protection, Social Services, Government
• News on 6 reported on a lawsuit filed against Oklahoma DHS after a mother alleged her toddler was physically and emotionally abused in a foster home. The lawsuit says both biological parents repeatedly reported concerns to DHS caseworkers, but the warnings were ignored and the child remained in the home. The case raises serious questions about foster care oversight, child safety, and DHS accountability., News on 6: Mother Files Lawsuit Against Oklahoma DHS After She Says Daughter Was Abused In Foster Home, Foster Care, Child Welfare, Oklahoma DHS, Child Protection, Social Services, Government
•             KTUL reported on litigation involving 41 alleged victims of sexual, physical, and emotional abuse at Tulsa’s Family Center for Juvenile Justice. Defense attorneys sought to require many of the minors to use their initials or real names instead of pseudonyms. Donald E. Smolen II opposed the request, arguing that publicly identifying the victims could shame them, discourage their claims, and further harm children who were minors when the alleged abuse occurred., Tulsa's News Pulse: Defense argues against anonymity in Tulsa juvenile justice abuse case, Juvenile Justice, Juvenile Detention, Child Protection, Government, Civil Rights, Sexual Abuse
• KJRH reported on a federal civil lawsuit involving dozens of juveniles who alleged systemic abuse at Tulsa’s Family Center for Juvenile Justice, including denied medical treatment, excessive confinement, drug exposure, sexual harassment, and rape. The article focused on a dispute over whether the minors could continue using anonymous “Doe” names in court filings. Smolen Law attorney Chris Brecht argued that revealing even the juveniles’ initials could expose their identities and discourage victims from coming forward. A federal judge later ruled that the minors could remain anonymous in public filings., 2NEWS Oklahoma: FCJJ latest: Attorneys want juveniles alleging abuse to publicly reveal initials, Juvenile Justice, Juvenile Detention, Child Protection, Government, Civil Rights, Sexual Abuse
• NewsChannel 8 reported on multiple Tulsa women who said they were sexually assaulted after meeting the same man through online dating. The women described similar encounters involving alcohol, memory loss, and questions about consent. Donald E. Smolen II explained how Oklahoma law addresses consent when a person may be impaired by alcohol or drugs., Tulsa's News Pulse: Victims' stories highlight risks of online dating as investigation unfolds, Sexual Assault, Sexual Abuse, Victims’ Rights, Personal Safety, Online Dating
• KFOR reported that state agencies and lawmakers began investigating after video showed a foster child left outside in pajamas in dangerously cold temperatures. One foster parent was also a Preston Public Schools employee, prompting an OSDE investigation in addition to reviews by DHS, law enforcement, prosecutors, and the school district. The incident raised concerns about foster care oversight, child protection, and accountability across multiple state systems., Oklahoma News 4: ‘It is heartbreaking’: OSDE, state lawmakers looking into OK child seen outside in PJs in cold, Foster Care, Child Welfare, Oklahoma DHS, Public Education, Public Schools, Government, Child Protection
• The Oklahoman investigated the death of Dustin James Patterson at the former Davis Correctional Facility in Holdenville, Oklahoma. Prison video showed correctional officers waiting approximately 45 minutes before entering Patterson’s cell while his cellmate strangled him. Officers attempted to intervene from outside the cell using pepper spray and pepper balls, but Patterson was unresponsive by the time they entered and was later pronounced dead. The article examines the circumstances surrounding his death, prison safety and accountability, and the pending federal lawsuit against CoreCivic brought by Patterson’s father on behalf of his estate., Yahoo.com: Oklahoma prison guards watched inmate die in cell, videos reveal, Corrections, Private Prisons, Government, Public Safety
• FOX23 reported on lawsuits filed on behalf of the mother of a young foster child who was allegedly left outside barefoot and without a coat in freezing temperatures as punishment. The lawsuits target the foster parents and Oklahoma DHS, alleging failures to protect the child despite concerns surrounding the foster home and raising broader questions about oversight and accountability within Oklahoma’s foster care system., Fox 23: Haskell woman accused of leaving foster child outside in freezing cold charged in tribal court, Foster Care, Child Welfare, Oklahoma DHS, Government, Child Protection, Social Services
• NewsChannel 8 reported on Oklahoma Senate Bill 870, legislation prompted by allegations of sexual abuse involving youth at Tulsa’s Family Center for Juvenile Justice. Don Smolen, who represents alleged victims in the lawsuit, discussed stronger reporting requirements, accountability for state-run facilities, and the need to extend similar protections to children in public schools., News Channel 8 – Tulsa: Oklahoma Senate Bill 870 advances to House, aims to improve juvenile abuse reporting, Juvenile Justice, Juvenile Detention, Government, Public Schools, Education, Child Protection
• NewsChannel 8 reported on the death of Richard Johnston, a memory care resident who was found dead in the courtyard of Prairie House Assisted Living after allegedly going unnoticed for hours. A lawsuit filed by Donald E. Smolen II alleges negligence by Prairie House and Legend Senior Living, raising questions about supervision, locked-unit security, fall prevention, and accountability for vulnerable residents., News Channel 8 – Tulsa: Unanswered questions linger over man’s death at a Broken Arrow assisted living community, Assisted Living, Memory Care, Senior Living, Nursing Homes, Long-Term Care, Elder Care
• NewsChannel 8 reported on a lawsuit filed by Don Smolen on behalf of a former Okmulgee High School student who says she woke up in a classroom to find two teachers engaging in sexual activity just feet away from her. The lawsuit alleges the school was notified, but both employees resigned before the district’s investigation was completed. Smolen also raised concerns about mandatory reporting, school accountability, and the possibility of employees moving to other districts without the alleged incident being fully investigated., News Channel 8 – Tulsa: Oklahoma Teachers Resign After Disturbing Incident Near Sleeping Student in Okmulgee Classroom, Education, Public Schools, School Districts, Student Safety, Government, School Administration
• KTUL reported on two lawsuits filed by Donald E. Smolen II against Prairie House Assisted Living and Legend Senior Living alleging neglect and inadequate security. The cases involve Richard Johnston and Melinda Covey, vulnerable residents who allegedly left the facility unsupervised and later died. Smolen raised concerns about staffing, supervision, alarms, video monitoring, and repeated failures to protect memory-care residents., News Channel 8 – Tulsa: More allegations of neglect and lax security measures hit Prairie House Assisted Living, Assisted Living, Memory Care, Senior Living, Nursing Homes, Long-Term Care, Elder Care
• The Black Wall Street Times reported that Oklahoma City police raided Tahira Carter’s home while searching for suspects connected to a shooting, even though Carter said the suspects lived elsewhere. Carter and her family, including her 9-year-old daughter, were removed from the home, handcuffed, and detained while officers searched the property. The incident raised concerns about wrongful police raids, warrant execution, accountability, and the constitutional rights of innocent families., The Black Wall Street Times: Oklahoma City police raid wrong house, traumatize Black family, Law Enforcement, Municipal Government, Public Safety, Police Misconduct, Civil Rights
• News 9 reported that Oklahoma City police executed a search warrant at the home of Tahira Carter and her family while looking for suspects connected to a shooting. Carter said police had the wrong house, detained her family, including her 9-year-old daughter, and searched the home before leaving without finding the suspects. The incident raised concerns about wrongful searches, police procedures, accountability, and the constitutional rights of innocent families., News on 9: ‘Traumatic experience’: OKC police search family’s home, owner says police had the wrong house, Law Enforcement, Municipal Government, Public Safety, Police Misconduct, Civil Rights
• KTUL reported that Muscogee Creek Nation Lighthorse Police opened an investigation after students at Dewar Public Schools allegedly saw a sexually explicit video involving the school’s former football coach that had been posted to his social media account. Parents raised concerns about how students accessed the video and communications between school employees and students. Donald E. Smolen II discussed the potential legal ramifications, student safety concerns, and the need for stronger safeguards around teacher-student communication., News Channel 8 – Tulsa: Muscogee Creek Nation police investigate Dewar Schools incident involving explicit video, Education, Public Schools, School Districts, Student Safety, Government
• KJRH reported on a lawsuit against the City of Tulsa and Tulsa police officers alleging that multiple policy violations during a domestic violence call left a woman unprotected and led to an avoidable rape. Smolen Law attorney Christopher Brecht detailed the officers’ alleged failures, including not making an arrest, filing a report, or properly activating body cameras., Channel 2 News Oklahoma: Attorney breaks down alleged TPD violations that led to ‘avoidable r*pe’, Law Enforcement, Municipal Government, Public Safety, Police Misconduct, Domestic Violence
• Reason reported on an Oklahoma defamation case involving a man who was wrongly identified in a KFOR news story about sex trafficking charges. The appellate court ruled that his claim could proceed without expert testimony to establish negligence under Oklahoma’s anti-SLAPP law, allowing him to continue seeking relief for the reputational harm caused by the false association., Reason.com: “No Need for Expert Evidence as to Media Defendant Negligence in Resisting Anti-SLAPP Motion”, Defamation, False Accusations, Reputation Harm, Media Misidentification, News Media
• The Pickup reported on a $1.2 million civil judgment for Madelyn Taylor after years of litigation involving childhood sexual abuse allegations against her adopted father. The court awarded damages for assault and battery, abuse of process, and punitive damages., THE PICKUP: Tulsa Artist Scott Taylor Found Liable For $1.2 Million In Damages, Civil Rights, Sexual Abuse, Child Abuse, Victims’ Rights
• KRMG reported on a $1.2 million civil judgment obtained for Madelyn Taylor after the court found her adopted father liable for assault and battery and abuse of process stemming from sexual abuse and his efforts to silence her after she spoke out., KRMG.com: Local artist loses defamation lawsuit against adopted daughter, must pay defendants $1.2 Million, Civil Rights, Sexual Abuse, Child Abuse, Victims’ Rights
• The Oklahoman documented a timeline of 21 homicides at the Holdenville prison over four years, examining repeated violence, inmate deaths, and ongoing concerns about safety and accountability at the facility., The Oklahoman: See timeline of 21 inmate homicides at an obscure Oklahoma prison, Corrections, Private Prisons, Government, Public Safety
• The Oklahoman examined the 2022 death of Dustin James Patterson at the former Davis Correctional Facility in Holdenville, Oklahoma. Video showed correctional officers remaining outside the cell for approximately 45 minutes while Patterson was attacked by his cellmate, raising questions about prison safety, emergency response, and accountability., The Oklahoman: Oklahoma prison guards watched inmate die in cell, videos reveal, Corrections, Private Prisons, Government, Public Safety, Law Enforcement
• The Oklahoman published a video analysis of the response by correctional officers during the September 2, 2022 attack that resulted in the death of Dustin James Patterson at the former Davis Correctional Facility in Holdenville, Oklahoma. The footage shows officers responding from outside the cell with pepper spray, pepper balls, and commands while Patterson was being attacked by his cellmate. Officers did not enter the cell for approximately 45 minutes, and Patterson was unresponsive when they eventually went inside. The video provides a detailed look at the officers’ response and raises significant questions about prison safety, emergency procedures, and accountability within the correctional facility., The Oklahoman: A video analysis of guards’ response to an inmate disturbance that ended in one man’s death, Corrections, Private Prisons, Government, Public Safety

Honors

• Oklahoma Super Lawyers, Super Lawyer Honoree, 2018
• Oklahoma Super Lawyers, Super Lawyer, 2019
•   Donald E. Smolen II and the Smolen Law trial team obtained a $1.5 million verdict in Huff v. Willits, which TopVerdict ranked among the Top 100 Medical Malpractice Verdicts in the United States for 2023., Top 100 Medical Malpractice Verdicts in the United States, TopVerdict, 2023
• Donald E. Smolen II was voted the No. 3 Attorney in Tulsa in Oklahoma Magazine’s 2023 Best of the Best Awards., Best of the Best Attorney, Tulsa – No. 3, Oklahoma Magazine, 2021
• Donald E. Smolen II was selected to the 2024 Oklahoma Super Lawyers list., Oklahoma Super Lawyers, Super Lawyers, 2024
• Donald E. Smolen II was voted the No. 2 Attorney in Tulsa in Oklahoma Magazine’s 2024 Best of the Best Awards., Best of the Best Attorney, Tulsa – No. 2, Oklahoma Magazine, 2024
• Donald E. Smolen II was selected to the 2025 Oklahoma Super Lawyers list for his work in civil litigation and related practice areas., Super Lawyers, Oklahoma Super Lawyers, 2025
• Donald E. Smolen II was voted one of Tulsa’s Best of the Best Attorneys, ranking No. 3 in Oklahoma Magazine’s 2025 reader-voted awards., Best of the Best Attorney, Tulsa – No. 3, Oklahoma Magazine, 2025
• Donald E. Smolen II was selected to the 2026 Oklahoma Super Lawyers list for Civil Litigation, marking his ninth consecutive year of Super Lawyers recognition since 2018., Oklahoma Super Lawyers, Super Lawyers, 2026
• Order of Barristers
• Oklahoma Super Lawyers Rising Star Honoree – 2011, 2013 – 2017
• The International Academy of Trial Lawyers Student Advocacy Award
• ABA/BNA Award for Excellence in the Study of Labor and Employment Law
• CALI Award, Comparative Bioethics and the Law
• Order of the Curule Chair
• Bioethics and the Law Book Award

Industry Groups

• Catastrophic Tort Litigation
• Insurance Bad Faith Litigation

“Great advocate for his clients, willing and able to effectively push a case and take it trial. Also great at advising clients and pushing for resolution where a case does not need to be tried to achieve a great result for his client.”