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MAXEY BY MAXEY v. FULTON

Nos. 87-2536, 87-2539.

890 F.2d 279 (1989)

Scott Furman MAXEY, a Minor, by his mother & next friend, Dianna MAXEY, Plaintiff-Appellee, v. Robert FULTON, individually; Julia Teska, individually; Harold E. Goldman, individually; Heriberto Martinez, individually; John Dentist, individually; John Doctor, individually; Jane Doctor, individually, Defendants, and James Borren, individually, Defendant-Appellant. Joseph Donald COLE, by his mother & next friend, Virginia COLE, Plaintiff-Appellee, v. Robert FULTON, individually; Julia Teska, individually; Harold E. Goldman, individually; Luis A. Reinoso, individually; John Doctor, individually; Jane Doctor, individually; John Dentist, individually, Defendants, and James Borren, individually, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 29, 1989.

Attorney(s) appearing for the Case

Robert A. Nance (Robert H. Henry, Atty. Gen. of Okl., and John Galowitch, Asst. Atty. Gen. of Okl., with him on the briefs), Chief, Federal Division, Asst. Atty. Gen. of Okl., for defendant-appellant.

Judith A. Gran (Louis A. Bullock, and Patricia Bullock, Tulsa, Okl., Raymond Yasser, of the University of Tulsa, Tulsa, Okl., Frank J. Laski, and Timothy M. Cook, of The Public Interest Law Center of Philadelphia, Philadelphia, Pa., and Allen Mitchell, Sapulpa, Okl., with her on the briefs), The Public Interest Law Center of Philadelphia, Philadelphia, Pa., for plaintiffs-appellees.

Before HOLLOWAY, and Chief Judge, MOORE and TACHA, Circuit Judges.

TACHA, Circuit Judge.

James Borren, former superintendent of the Hissom Memorial Center, a state institution for the mentally retarded, appeals the district court's order denying his motions for summary judgment or a protective order in two 42 U.S.C. section 1983 actions brought on behalf of Scott Furman Maxey and Joseph Donald Cole ("residents"), two former residents at Hissom. Borren bases his appeal on the district court's purported rejection of his qualified immunity...

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