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CARNEY v. OKLAHOMA DEPT. OF PUBLIC SAFETY

No. 16-6276.

875 F.3d 1347 (2017)

Ray Neal CARNEY, Plaintiff-Appellant, v. OKLAHOMA DEPARTMENT OF PUBLIC SAFETY, Defendant-Appellee. National Association for Rational Sexual Offense Laws; OK Voices; American Civil Liberties Union of Oklahoma, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

Filed November 28, 2017.

Attorney(s) appearing for the Case

Andrew D. Barr (Scott F. Llewellyn of Morrison & Foerster, L.L.P., with him on the brief), Denver, Colorado, for Plaintiff-Appellant.

Michael K. Velchik, Assistant Solicitor General (Justin P. Grose, Assistant Attorney General, with him on the brief), Office of the Attorney General, Litigation Division, Oklahoma City, Oklahoma, for Defendant-Appellee.

Brady R. Henderson, ACLU of Oklahoma Foundation, Oklahoma City, Oklahoma, for Amicus Curiae American Civil Liberties Union of Oklahoma.

John J. Korzen, Director, Wake Forest University School of Law, Appellate Advocacy Clinic, Winston-Salem, North Carolina, for Amici Curiae NARSOL & OK Voices.

Before KELLY, MURPHY, and MORITZ, Circuit Judges.

Plaintiff-Appellant Ray Carney appeals from the district court's dismissal of his claims under the Eighth and Fourteenth Amendments. Carney v. Okla. Dep't of Pub. Safety, No. 5:16-CV-00484-R, 2016 WL 4250473 (W.D. Okla. Aug. 10, 2016). He also raises an additional First Amendment claim not considered...

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