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GRAY v. UNIVERSITY OF COLORADO HOSP. AUTHORITY

No. 10-1446.

672 F.3d 909 (2012)

Jimmie Louise GRAY, individually and as personal representative of the estate of Charles Gray; Charles Gray, deceased; Teresa Leeper; David Gray; and Tim Gray, Plaintiffs-Appellants, v. UNIVERSITY OF COLORADO HOSPITAL AUTHORITY, a body corporate and political subdivision of the State of Colorado; University Of Colorado Hospital; Mark Spitz, Archana Shrestha, M.D., Christy Barbee-Young, M.D., Mollie Startzer, R.N., Beverly Solas-Fajardo, C.N.A., Jason Booe, and Jacqueline Funk, in their individual and official capacities, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

February 27, 2012.

Attorney(s) appearing for the Case

Benjamin Sachs ( Natalie Brown and DezaRae D. LaCrue , with him on the brief), Leventhal, Brown & Puga, P.C., Denver, CO, for Plaintiffs-Appellants.

Patrick O'Rourke , Office of University Counsel, Denver, CO, and Richard L. Murray, Jr. , Hall & Evans, LLC, Denver, CO, for Defendants-Appellees.

Before BRISCOE, Chief Judge, BALDOCK, and HOLMES, Circuit Judges.

BALDOCK, Circuit Judge.

Decedent Charles Gray sought treatment for epilepsy at Defendant University of Colorado Hospital. In the course of his withdrawal from medication, hospital staff left decedent unattended and he died after suffering a seizure. Plaintiffs, decedent's estate and family members, filed this civil rights suit pursuant to 42 U.S.C. § 1983. In their complaint, Plaintiffs alleged among other things, that...

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