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MYERS v. OKLAHOMA COUNTY BD. OF COUNTY COM'RS

Nos. 95-6125, 95-6163.

80 F.3d 421 (1996)

Suzanne MYERS, Administratrix of the Estate of Thomas James Myers, Deceased; Samson Myers, Individually, and Through Suzanne Myers, His Parent and Next Friend; and Suzanne Myers, Individually, Plaintiffs-Appellees, v. OKLAHOMA COUNTY BOARD OF COUNTY COMMISSIONERS; John Doe, Individually and as a Deputy of the Oklahoma County Sheriff's Department, Defendant, J.D. Sharp, Individually and as Sheriff of Oklahoma County; Scott Cannon, Individually and as a Deputy Sheriff of the Oklahoma County Sheriff's Department; Marshall McDonald, Individually and as a Deputy Sheriff of the Oklahoma County Sheriff's Department, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

April 1, 1996.

Attorney(s) appearing for the Case

John M. Jacobsen, Assistant District Attorney (Robert H. Macy, District Attorney, and Patrick J. Morgan, Assistant District Attorney, with him on the brief), Oklahoma City, Oklahoma, for the appellants.

Carl J. Franklin, Norman, Oklahoma, for the appellees.

Before BRISCOE, HOLLOWAY, and MURPHY, Circuit Judges.

BRISCOE, Circuit Judge.

Plaintiffs Suzanne Myers and Samson Myers filed this 42 U.S.C. § 1983 action against the Board of County Commissioners of Oklahoma County and various officers of the Oklahoma County Sheriff's Department for the shooting death of Thomas James Myers. The individual defendants, including J.D. Sharp, appeal the district court's denial of their motion for summary judgment on the defense of qualified immunity (No. 95-6125). Plaintiffs appeal...

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