TUTTLE v. CITY OF OKLAHOMA CITY

Nos. 82-2164, 82-2175.

728 F.2d 456 (1984)

Rose Marie TUTTLE, Individually and as Administratrix of the Estate of William Adam Tuttle, Deceased, Plaintiff-Appellee and Cross-Appellant, v. CITY OF OKLAHOMA CITY, a Municipal Corporation; and Officer Julian Rotramel, Individually and as an Employee of the City of Oklahoma City through the Oklahoma City Police Department, Defendants-Appellants and Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

February 28, 1984.


Attorney(s) appearing for the Case

Robert E. Manchester, McClelland, Collins, Bailey, Bailey & Manchester, Oklahoma City, Okl. (Susan Talbot, McClelland, Collins, Bailey, Bailey & Manchester, Oklahoma City, Okl., with him on brief), for defendant-appellant, cross-appellee Officer Julian Rotramel.

Michael C. Turpen, Atty. Gen. of Okl., David W. Lee, Asst. Atty. Gen., Chief, Federal Div., Oklahoma City, Okl., for amicus curiae State of Okl.

Diane Pedicord, Oklahoma City, Okl., for amicus curiae Oklahoma Mun. League.

Carl Hughes, Hughes, Nelson & Gassaway, Oklahoma City, Okl. (Michael Gassaway, Hughes, Nelson & Gassaway, Oklahoma City, Okl., with him on brief), for plaintiff-appellee and cross-appellant Rose Marie Tuttle.

Burck Bailey, Fellers, Snider, Blankenship, Bailey & Tippens, Oklahoma City, Okl. (Warren F. Bickford IV and Margaret McMorrow-Love, Fellers, Snider, Blankenship, Bailey & Tippens, Oklahoma City, Okl., with him on brief), for defendant-appellant, cross-appellee City of Oklahoma City.

Before BARRETT, DOYLE and SEYMOUR, Circuit Judges.


WILLIAM E. DOYLE, Circuit Judge.

This matter is before us pursuant to 28 U.S.C. § 1291, the regular appeals statute, and 42 U.S.C. § 1983, dealing with the violation of constitutional and statutory rights.

Rose Marie Tuttle was the plaintiff in the court below. She brought this action against the defendants, Oklahoma City and Police Officer Julian Rotramel, individually and as administratrix of the estate of her deceased husband. She alleged deprivation...

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