PRIMAS v. CITY OF OKLAHOMA CITY

Nos. 90-6054, 90-6055, 90-6059, 90-6191.

958 F.2d 1506 (1992)

Arthur M. PRIMAS, Plaintiff-Appellee, and Brenda M. Primas, Plaintiff, v. The CITY OF OKLAHOMA CITY, a municipal corporation; Fred Anderson, individually and as Assistant Municipal Counselor and employee of the City of Oklahoma City, through the Municipal Counselor's Office; Terry Childers, individually and as City Manager and employee of the City of Oklahoma City; Don Pennington, a police officer and employee of the City of Oklahoma City, through the Oklahoma City Police Department, Defendants, and Fred Hays, individually and as Assistant City Manager and employee of the City of Oklahoma City, through the City Manager's Office, Defendant-Appellant. Arthur M. Primas, Plaintiff-Appellee, and Brenda M. PRIMAS, Plaintiff, v. The CITY OF OKLAHOMA CITY, a municipal corporation; Fred Anderson, individually and as Assistant Municipal Counselor and employee of the City of Oklahoma City, through the Municipal Counselor's Office; Terry Childers, individually and as City Manager and employee of the City of Oklahoma City; Fred Hays, individually and as Assistant City Manager and employee of the City of Oklahoma City, through the City Manager's Office, Defendants, and Don Pennington, a police officer and employee of the City of Oklahoma City, through the Oklahoma City Police Department, Defendant-Appellant. Arthur M. Primas, Plaintiff-Appellant, and Brenda M. PRIMAS, Plaintiff, v. The CITY OF OKLAHOMA CITY, a municipal corporation; Terry Childers, individually and as City Manager and employee of the City of Oklahoma City; Fred Hays, individually and as Assistant City Manager and employee of the City of Oklahoma City, through the City Manager's Office; Don Pennington, a police officer and employee of the City of Oklahoma City, through the Oklahoma City Police Department, Defendants-Appellees, and Fred Anderson, individually and as Assistant Municipal Counselor and employee of the City of Oklahoma City, through the Municipal Counselor's Office, Defendant. Arthur M. PRIMAS; Brenda M. Primas, Plaintiffs-Appellants, v. The CITY OF OKLAHOMA CITY, a municipal corporation; Terry Childers, individually and as City Manager and employee of the City of Oklahoma City; Fred Hays, individually and as Assistant City Manager and employee of the City of Oklahoma City, through the City Manager's Office; Don Pennington, a police officer and employee of the City of Oklahoma City, through the Oklahoma City Police Department, Defendants, and Fred Anderson, individually and as Assistant Municipal Counselor and employee of the City of Oklahoma City, through the Municipal Counselor's Office, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 16, 1992.


Attorney(s) appearing for the Case

Marjorie Patmon of Patmon & Associates, Oklahoma City, Okl., for plaintiffs Arthur M. Primas and Brenda M. Primas.

Gerald P. Green and Chris Condren of Pierce Couch Hendrickson Johnston & Baysinger, Oklahoma City, Okl., for defendant-appellant Fred Hays.

James G. Hamill, Municipal Counselor, Jonathan D. Woods and Richard C. Smith, Assistant Municipal Counselors, Oklahoma City, Okl., for defendant Don Pennington.

Robert H. Alexander, Jr. of The Law Office of Robert H. Alexander, Jr., Oklahoma City, Okl., for defendant Terry L. Childers.

James G. Hamill, Municipal Counselor, Richard C. Smith, Assistant Municipal Counselor, Oklahoma City, Okl., for defendant Fred Anderson.

James G. Hamill, Municipal Counselor, Gerald S. Rakes, Asst. Municipal Counselor, Oklahoma City, Okl., for defendant City of Oklahoma City.

Before MOORE, TACHA and BRORBY, Circuit Judges.


TACHA, Circuit Judge.

These are appeals and a cross appeal of various Orders granting and denying summary judgment and awarding sanctions against Plaintiffs as to one Defendant in this action alleging civil rights violations and pendent state claims. Although each appeal will be addressed separately below, a summary of the facts and proceedings helpful to an understanding of the action will be presented first.1

Plaintiff Arthur...

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