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MYERS v. OKLAHOMA COUNTY BD. OF COUNTY COM'RS

No. 97-6003.

151 F.3d 1313 (1998)

Suzanne MYERS, Administratix of the Estate of Thomas James Myers, deceased; Samson Myers, individually, and through Suzanne Myers, his parent and Next Friend, and; Suzanne Myers, individually, Plaintiffs-Appellants, v. OKLAHOMA COUNTY BOARD OF COUNTY COMMISSIONERS; J.D. Sharp, individually and as Sheriff of the Oklahoma County Sheriff's Department; Scott Cannon, individually and as a Deputy Sheriff of the Oklahoma County Sheriff's Department; Marshall McDonald, individually and as a Deputy Sheriff of the Oklahoma County Sheriff's Department, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 20, 1998.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Carl J. Franklin, Norman, Oklahoma, for Plaintiffs-Appellants.

Robert H. Macy, District Attorney, John M. Jacobsen, Assistant District Attorney, Office of District Attorney, Oklahoma City, Oklahoma, for Defendants-Appellees.

Before TACHA, BRORBY, and EBEL, Circuit Judges.

TACHA, Circuit Judge.

This case arises out of the tragic shooting death of Tom Myers by two officers of the Oklahoma County Sheriff's Department. Mr. Myers's survivors, including his wife Suzanne, sued the sheriff, the County, and the two officers who shot Mr. Myers. The suit alleged that in shooting Mr. Myers, the defendants committed various torts and constitutional violations. The district court granted summary judgment in favor of the sheriff in his official capacity...

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