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ARNOLD v. McCLAIN

No. 89-5074.

926 F.2d 963 (1991)

Randy ARNOLD, Plaintiff-Appellant, v. Lantz McCLAIN, individually as District Attorney of Creek County; Board of County Commissioners, County of Creek; Board of County Commissioners, County of Okfuskee, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

February 21, 1991.

Attorney(s) appearing for the Case

Chadwick Smith, Tulsa, Okl., for plaintiff-appellant.

Robert A. Nance, Asst. Atty. Gen., Oklahoma City, Okl. and Michael S. Loeffler, Sapulpa, Okl. (Robert H. Henry, Atty. Gen., J. Bruce Schultz, Asst. Dist. Atty., Sapulpa, Okl., with them on the brief), for defendants-appellees.

Before MOORE, TACHA, and BRORBY, Circuit Judges.

BRORBY, Circuit Judge.

Randy Arnold (Plaintiff) appeals the grant of a motion to dismiss his civil rights complaint against two defendant counties1 and the grant of summary judgment in favor of District Attorney Lantz McClain (Defendant).

BACKGROUND

Plaintiff is a police officer for the City of Sapulpa, Oklahoma. On November 6, 1987, at 2:30 p.m., Plaintiff was summoned to the office of District Attorney McClain. At that...

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