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GRAVES v. THOMAS

No. 05-7084.

450 F.3d 1215 (2006)

Delise GRAVES; Jerry Graves, Individually and as Personal Representatives of Jerred Graves, deceased, Plaintiffs-Appellants, v. Kermit THOMAS, Individually and in his official capacity as Chief of Police of the City of Haskell, Oklahoma; Josh Ford, Individually and in his Official Capacity as Police Officer of the City of Haskell, Oklahoma, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 21, 2006.

Attorney(s) appearing for the Case

Martha J. Cherbini (Albert R. Matthews and Juliet N. Brennan with her on the briefs) Bonds & Matthews Law Firm PLLC, Muskogee, Oklahoma, for Plaintiffs-Appellants.

Betty Outhier Williams, Gage & Williams, Muskogee, Oklahoma, and Scott B. Wood, Wood, Puhl & Wood, P.L.L.C., Tulsa, Oklahoma, for Defendants-Appellees.

Before KELLY, McKAY and O'BRIEN, Circuit Judges.

O'BRIEN, Circuit Judge.

Jerred Graves was killed when he lost control of his vehicle while trying to elude police officer Josh Ford at night on country roads at very high rates of speed. His parents, Delise and Jerry Graves, brought an action against Ford and Police Chief Kermit Thomas of the Haskell, Oklahoma Police Department, both individually and in their official capacities, pursuant to 42 U.S.C. § 1983. They claim Officer Ford's deliberate and unwarranted...

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