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DANIELS v. GILBREATH

Nos. 80-1417, 80-1570.

668 F.2d 477 (1982)

Hervie L. DANIELS and Hervie Daniels, Jr., as Co-Administrators of the Estate of Jesse DeSoto Daniels, deceased, for the use and benefit of Hervie Daniels, Sr., and Nancy Daniels, next of kin, Plaintiffs-Appellees, v. L. D. GILBREATH, Rickey Dennison, Maxine Fultner, Defendants, The County of McCurtain, Oklahoma, and Dr. R. D. Garcia, Defendants-Appellants. Americans for Effective Law Enforcement, Inc., County Sheriffs of Colorado, the Kansas Sheriffs' Association, the Oklahoma Sheriffs' Association, and the Wyoming Sheriffs' Association, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

Argued and Submitted October 16, 1981.

Decided January 13, 1982.

Attorney(s) appearing for the Case

Charles S. Rogers, Asst. Atty. Gen., Oklahoma City, Okl. (Jan Eric Cartwright, Atty. Gen. of Okl., and Manville T. Buford, Oklahoma City, Okl., with him on the briefs), for defendant-appellant Dr. R. D. Garcia.

Don Shaw, Dist. Atty., Idabel, Okl., on the brief for defendant-appellant County of McCurtain, Okl.

Frank M. Hagedorn of Hall, Estill, Hardwick, Gable, Collingsworth & Nelson, Tulsa, Okl., for plaintiffs-appellees.

Wayne W. Schmidt, South San Francisco, Cal., Fred E. Inbau, Chicago, Ill., and James P. Manak, Glen Ellyn, Ill., on the brief, for amici curiae.

Before DOYLE, BREITENSTEIN and McKAY, Circuit Judges.

Submitted in No. 80-1417 October 16, 1981.

Argued and Submitted in No. 80-1570 October 16, 1981.

WILLIAM E. DOYLE, Circuit Judge.

The judgment which is here being appealed from was entered against McCurtain County, Oklahoma, Dr. R. D. Garcia, and the former sheriff of McCurtain County, Sheriff Gilbreath. Damages were awarded to the decedent's parents growing out of his death while in the Eastern State Hospital at Vinita, Oklahoma. He had been a prisoner...

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