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WILSON v. MEEKS

Nos. 94-3179, 94-3180.

52 F.3d 1547 (1995)

Joyce WILSON, individually, executrix, and as natural guardian and next friend of the minor child, Natalie J. Wilson est Datton Wilson, Jr.; Anthony D. Wilson; Anita D. Wilson; Datton Wilson, III; Crystal L. Johnson; Kasha C. Wilson, Plaintiffs-Appellees, v. Luther Donald MEEKS; David Scott Lawson; Phyllis Renee Lawson; City of Haysville, a municipal corporation; John Coleman, Defendants, and Timothy John STOCK; Bruce K. Powers; Lanon Thompson; Debbie Mann; J. Earl Kitchings, Defendants-Appellants. Joyce WILSON, individually, executrix, and as natural guardian and next friend of the minor child, Natalie J. Wilson est Datton Wilson, Jr.; Anthony D. Wilson; Anita D. Wilson; Datton Wilson, III; Crystal L. Johnson; Kasha C. Wilson, Plaintiffs-Appellees, v. Luther Donald MEEKS, Defendant-Appellant, and Timothy John Stock; Bruce K. Powers; Lanon Thompson; David Scott Lawson; Phyllis Renee Lawson; Debbie Mann; J. Earl Kitchings; City of Haysville, a municipal corporation; and John Coleman, Defendants.

United States Court of Appeals, Tenth Circuit.

April 20, 1995.

Attorney(s) appearing for the Case

Alan L. Rupe (Edward L. Keeley with him on the briefs), Rupe & Gerard Law Offices, P.A., Wichita, KS, for defendants-appellants Stock, Powers, Thompson, Mann, and Kitchings.

Stephen E. Robison (David G. Seely with him on the briefs), Fleeson, Gooing, Coulson & Kitch, L.L.C., Wichita, KS, for defendant-appellant Meeks.

Jerry Berg, Wichita, KS, for plaintiffs-appellees Joyce Wilson, Estate of Datton Wilson, Jr., and Natalie J. Wilson.

Lonnie R. Knowles, Shackelford, Knowles & Strickland, Houston, TX, on the briefs for plaintiffs-appellees Anthony D. Wilson, Anita D. Wilson, Datton Wilson, III, Crystal L. Johnson, and Kasha C. Wilson.

Before MOORE and EBEL, Circuit Judges, and COOK, District Judge.

JOHN P. MOORE, Circuit Judge.

Plaintiffs, including the estate of Datton Wilson, Jr., and members of his family, filed a complaint under 42 U.S.C. § 1983 and pendent state law asserting that members of the Haysville Police Department violated Mr. Wilson's constitutional rights by using excessive force, failing to render emergency medical treatment, and participating in a cover-up. Defendants moved for summary judgment based on qualified immunity. The district...

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