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SMITH v. CITY OF OKLAHOMA CITY

No. 81-1316.

696 F.2d 784 (1983)

Bailey M. SMITH, Plaintiff-Appellant, v. The CITY OF OKLAHOMA CITY, A Municipal Corporation; Tom Heggy, Individual and as acting Chief of Police of the Oklahoma City Police Department; Larry Gleason, M.M. McPherson, and John A and D Does, individually and as acting Police Officers of the Oklahoma City Police Department, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

January 5, 1983.

Attorney(s) appearing for the Case

Forest N. Simon, Oklahoma City, Okl., for plaintiff-appellant.

Walter M. Powell, Municipal Counselor, and Grant E. Price, Asst. Municipal Counselor, City of Oklahoma City, Oklahoma City, Okl., for defendants-appellees.

Before BARRETT, McKAY and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

Bailey M. Smith brought this 42 U.S.C. § 1983 action against the City of Oklahoma City and four individual police officers. He alleged that his arrest by the police officers for outstanding parking tickets violated his constitutional rights because the arrest was unlawful and the arrest warrant was invalid. During trial the police officers were dismissed as parties to the action. The jury returned a verdict in favor of Oklahoma City. Smith...

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