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PORRO v. BARNES

No. 10-6002.

624 F.3d 1322 (2010)

Alfredo Yero PORRO, Plaintiff-Appellant, v. Stanley BARNES; and Michael Bryant, in his official capacity as Sheriff of Jefferson County, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

November 9, 2010.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Mark E. Bialick and David B. Donchin , Durbin, Larimore & Bialick, Oklahoma City, OK; and David W. Little , Law Offices of David Little, Oklahoma City, OK, for Plaintiff-Appellant.

Robert S. Lafferrandre and Randall J. Wood , Pierce Couch Hendrickson Baysinger & Green, L.L.P., Oklahoma City, OK; and Chris J. Collins , Timothy M. Melton , and Linda K. Soper , Collins, Zorn & Wagner, P.C., Oklahoma City, OK, for Defendants-Appellees.

Before KELLY and GORSUCH, Circuit Judges, and MELGREN, District Judge.

GORSUCH, Circuit Judge.

This case presents two central questions: What provision of the Constitution should this court use to analyze a federal immigration detainee's claim of excessive force? And does a county's failure to adopt a prophylactic policy with a standard of care higher than what the Constitution requires suffice, by itself, to suggest deliberate indifference to the Constitution's protections against excessive force? On the first question, we hold that...

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