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McCARTY v. GILCHRIST

No. 09-6220.

646 F.3d 1281 (2011)

Curtis Edward McCARTY, Plaintiff-Appellant, v. Joyce A. GILCHRIST, in her official capacity; William Citty, Chief of Police, City of Oklahoma City, in his official capacity; City of Oklahoma City, Defendants—Appellees.

United States Court of Appeals, Tenth Circuit.

July 14, 2011.

Attorney(s) appearing for the Case

R. Thomas Seymour ( Scott A. Graham , and Anthony L. Allen with him on the brief), Seymour & Graham, LLP, Tulsa, OK, for Plaintiff-Appellant.

Richard C. Smith , Assistant Municipal Counselor, ( Kenneth Jordan , Municipal Counselor, with him on the brief), Oklahoma City, OK, for Defendants-Appellees.

Before BYE, COLLOTON, and SHEPHERD, Circuit Judges.

SHEPHERD, Circuit Judge.

Curtis McCarty brought this 42 U.S.C. § 1983 action against Joyce Gilchrist, former forensic chemist for the Oklahoma City Police Department (OCPD), William Citty, OCPD Chief of Police, and the city of Oklahoma City. McCarty's complaint alleged constitutional violations and damages under theories of malicious prosecution, municipal liability for failure to train or supervise, and supervisor liability for failure to train or supervise...

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