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EASTWOOD v. DEPT. OF CORRECTIONS OF STATE OF OKL.

No. 87-2238.

846 F.2d 627 (1988)

Karen EASTWOOD, an Individual, Plaintiff-Appellee, v. DEPARTMENT OF CORRECTIONS OF the STATE OF OKLAHOMA; Larry Meachum, Director of the Department of Corrections, State of Oklahoma; Tom Lovelace, Individually and as an Employee of the Department of Corrections; Ted Wallman, Deputy Warden of the Oklahoma State Penitentiary, Department of Corrections, Defendants-Appellants, and Dempsey Johnson, Individually, and as an Employee of the Department of Corrections, Defendant.

United States Court of Appeals, Tenth Circuit.

May 12, 1988.

Attorney(s) appearing for the Case

Michael D. Parks of Stipe, Gossett, Stipe, Harper, Estes, McCune and Parks, McAlester, Okl., for plaintiff-appellee.

Guy L. Hurst, Asst. Atty. Gen., (Robert H. Henry, Atty. Gen., and Michael W. Elliott, Asst. Atty. Gen., with him on the briefs), Oklahoma City, Okl., for defendants-appellants.

Before MOORE and BALDOCK, Circuit Judges, and O'CONNOR, District Judge.

JOHN P. MOORE, Circuit Judge.

This is an appeal from the district court's denial of defendants' motion to dismiss plaintiff Eastwood's § 1983 claim on the grounds of qualified and absolute immunity. The Oklahoma Department of Corrections (DOC) argues the claim against it is barred by the Eleventh Amendment. Defendants Wallman, Lovelace, and Meachum, all of whom are DOC employees, assert they cannot be sued because they are entitled to the defense of qualified...

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