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HARRIS BY AND THROUGH HARRIS v. MAYNARD

No. 87-2009.

843 F.2d 414 (1988)

Bret Marvin HARRIS, Deceased, By and through his natural parents and next of kin, Jim HARRIS and Jean Harris, Plaintiff/Appellee, v. Gary MAYNARD, Warden of Oklahoma State Prison at McAlester; Larry Meachum, The acting Director and Chief Executive Officer of the Oklahoma Department of Corrections of the State of Oklahoma, and Three Unnamed Correctional Officers of the Oklahoma Department of Corrections; and John Grider, Asst. Dir. Oklahoma Department of Corrections, Defendants/Appellants.

United States Court of Appeals, Tenth Circuit.

March 30, 1988.

Attorney(s) appearing for the Case

Robert A. Nance, Asst. Atty. Gen., Deputy Chief, Federal Div. (Robert H. Henry, Atty. Gen. of Okl., with him on the briefs), Oklahoma City, Okl., for defendants/appellants.

Howard Douglas Perkins, Jr., Tulsa, Okl., for plaintiff/appellee.

Before ANDERSON and TACHA, Circuit Judges, and BRATTON, District Judge.

STEPHEN H. ANDERSON, Circuit Judge.

The three named defendants in this case, Gary Maynard, Larry Meachum, and John Grider — all Oklahoma corrections officials, moved for summary judgment and protection from discovery on the basis of the pleadings and supporting affidavits. The District Court denied both motions and the defendants appeal, as permitted by Mitchell v. Forsyth, 472 U.S. 511, 105 S.Ct. 2806, 86 L.Ed.2d 411...

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