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MARTINEZ v. UPHOFF

No. 00-8034.

265 F.3d 1130 (2001)

Jessica N. MARTINEZ, Individually and as the natural mother and next friend of Deseree Martinez, Aleesha Martinez and Christopher Martinez, minor children; et al., Plaintiffs-Appellants, v. Judith UPHOFF, Director of Department of Corrections; et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 18, 2001.

Attorney(s) appearing for the Case

Terry W. Mackey, Hickey, Mackey, Evans & Walker, Cheyenne, WY, (Roger Fransen, Hickey, Mackey, Evans & Walker, Cheyenne, WY and Jason M. Tangeman, Anthony, Nichols & Sharpe, LLC, Laramie, WY, were with him on the briefs) for Plaintiffs-Appellants.

Richard Rideout, Law Offices of Richard Rideout, PC, Cheyenne, WY, for Defendants-Appellees.

Before SEYMOUR and BRORBY, Circuit Judges, and BROWN, Senior District Judge.

BROWN, Senior District Judge.

Plaintiff-appellants, pursuant to the provisions of 42 U.S.C. §§ 1983 and 1988, appealed the district court's entry of summary judgment in favor of the defendants. The court exercises appellate jurisdiction under the provisions of 28 U.S.C. § 1291.

Corporal Martinez was a Wyoming Department of Corrections Officer at the Wyoming State Penitentiary in Rawlings, Wyoming....

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