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CHILDRESS v. CITY OF ARAPAHO

No. 98-6451.

210 F.3d 1154 (2000)

Gena CHILDRESS and Duane Childress, individually and as next friends of Caitlyn Childress, a minor, Plaintiffs-Appellants, v. CITY OF ARAPAHO, OKLAHOMA; Larry Williams; Jerry McGrath; Sam Shelton, Lake Patrol Officer; Thor Carlson; Danny Honeycutt, Trooper; Joe Williams, Trooper; Lyle Lubbers, Trooper; Marvin Noyes, Trooper; C.L. Parkins, Trooper; Nicky Smith; Jerry Jones; Tim Troxell; Lt. Bruce Peoples, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 18, 2000.

Attorney(s) appearing for the Case

Roy S. Dickinson, Norman, Oklahoma (Robert Pottroff, Myers, Pottroff & Ball, Manhattan, Kansas, with him on the brief), appearing for Plaintiffs-Appellants.

Jason C. Wagner, Collins, Zorn, Jones & Wagner, P.C., Oklahoma City, Oklahoma, appearing for Defendants-Appellees McGrath and Jones.

Wellon B. Poe, Assistant Attorney General, Oklahoma City, Oklahoma (Kent McGuire and Phil Anderson, Whitten & McGuire, Oklahoma City, Oklahoma, for Appellees City of Arapaho and Smith; Chris J. Collins and Robert Applegate, Collins, Zorn, Jones & Wagner, P.C., Oklahoma City, Oklahoma, for Appellees Jones and McGrath, with him on the brief), appearing for Defendants-Appellees L. Williams, Shelton, Carlson, Honeycutt, J. Williams, Lubbers, Noyes, Parkins, Troxell, and Peoples.

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

TACHA, Circuit Judge.

Plaintiffs filed suit under 42 U.S.C. § 1983, claiming that defendants violated their Fourth Amendment and substantive due process rights during a pursuit of escaped prison inmates. The district court dismissed plaintiffs' Fourth Amendment claims and entered summary judgment in favor of defendants on the due process claims. Plaintiffs appeal from both rulings. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

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