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LUSBY v. T.G. & Y. STORES, INC.

Nos. 82-1721, 82-1779.

749 F.2d 1423 (1984)

Solomon LUSBY, Vaughn Lusby and Alvin Jerard Lusby, Plaintiffs-Appellees, v. T.G. & Y. STORES, INC., an Oklahoma corporation; City of Lawton, Oklahoma, a municipal corporation; Charles Gent; Steve Wertz; and Kent Dunegan, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

November 23, 1984.

Attorney(s) appearing for the Case

Russell D. Bennett, City Atty., Lawton, Okl. (Gerald S. Rakes, Asst. City Atty., Lawton, Okl., with him on the briefs), for defendants-appellants City of Lawton, Steve Wertz, and Kent Dunegan.

Michael W. Hinkle, Oklahoma City, Okl. (Page Dobson and Ronald R. Hudson, Oklahoma City, Okl., with him on the briefs), Holloway, Dobson, Hudson & Bachman, Oklahoma City, Okl., for defendants-appellants T.G. & Y. Stores, Inc. and Charles Gent.

Gretchen A. Harris, Oklahoma City, Okl. (Jack L. Kinzie, also of Andrews, Davis, Legg, Bixler, Milsten & Murrah, Oklahoma City, Okl., and Linda G. Scoggins of Spradling, Alpern, Friot & Gum, Oklahoma City, Okl., with her on the briefs), for plaintiffs-appellees.

Before LOGAN and McWILLIAMS, Circuit Judges, and CAMPOS, District Judge.

LOGAN, Circuit Judge.

These appeals arise out of judgments in favor of plaintiffs Solomon Lusby, Vaughn Lusby, and Alvin Lusby — three brothers — who asserted civil rights and pendent state tort claims against the City of Lawton, Oklahoma, two of its police officers, Kent Dunegan and Steve Wertz, T.G. & Y. Stores, Inc., and Charles Gent, another Lawton police officer who was serving while off-duty as a security guard at a T.G. & Y. store in Lawton...

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