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MITCHELL v. CITY OF SAPULPA

No. 86-2837.

857 F.2d 713 (1988)

Brian MITCHELL, Plaintiff-Appellant, v. CITY OF SAPULPA, a municipal corporation; Jack McKenzie, Chief of Police for the City of Sapulpa; Gary Young, Corporal, a police officer for the City of Sapulpa, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 20, 1988.

Attorney(s) appearing for the Case

Thomas E. Salisbury, Tulsa, Okl., for plaintiff-appellant.

Charles Doyle Watson, Jr., Drumright, Okl., for Gary Young, defendant-appellee (John Howard Lieber, Tulsa, Okl., for Jack McKenzie, defendant-appellee, with him on the brief).

C.M. Gibson, Sapulpa, Okl., for City of Sapulpa, defendant-appellee (John Howard Lieber, Tulsa, Okl., for Jack McKenzie, defendant-appellee, with him on the brief).

Before MOORE and BALDOCK, Circuit Judges, and BURCIAGA, District Judge.

PER CURIAM.

Plaintiff appeals from the district court's granting of summary judgment in favor of defendants. Plaintiff brought suit pursuant to 42 U.S.C. § 1983, alleging that defendant Gary Young used deadly force to apprehend plaintiff, who was unarmed, while plaintiff was fleeing the scene of a burglary. For purposes of this lawsuit, plaintiff conceded that he was a fleeing felon. Plaintiff further alleged that the use of deadly force was pursuant to a policy...

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