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ERIKSON v. PAWNEE COUNTY BD. OF COUNTY COM'RS

No. 00-5190.

263 F.3d 1151 (2001)

Michael Ed ERIKSON, Plaintiff-Appellant, v. PAWNEE COUNTY BOARD OF COUNTY COMMISSIONERS, Pawnee County, an Oklahoma political subdivision, ex rel.; Larry Stuart, in his official capacity as District Attorney for Osage and Pawnee Counties; Harland Stonecipher, individually and as President of the Oklahoma Sportsman's Association; Oklahoma Sportsman's Association; Michael Turpen, individually and as an employee and shareholder of the law firm Riggs, Abney, Neal, Turpen, Orbison & Lewis, Inc.; Riggs, Abney, Neal, Turpen, Orbison, & Lewis, Inc., an Oklahoma professional corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 23, 2001.

Attorney(s) appearing for the Case

Submitted on the briefs: Brett D. Sanger of Brett D. Sanger, P.C., Oklahoma City, Oklahoma, for Plaintiff-Appellant.

S.M. Fallis, Jr., of Nichols, Wolfe, Stamper, Nally, Fallis & Robertson, Inc., and Douglas A. Wilson of Riggs, Abney, Neal, Turpen, Orbison & Lewis, Inc., Tulsa, Oklahoma, for Defendants-Appellees.

Before SEYMOUR and McKAY, Circuit Judges, and BRORBY, Senior Circuit Judge.

SEYMOUR, Circuit Judge.

Plaintiff Michael Ed Erikson is appealing the district court's dismissal of his civil rights claims brought under 42 U.S.C. § 1983.1 The district court dismissed plaintiff's case under Fed.R.Civ.P. 12(b)(6) for failure to state a claim. We review the district court's dismissal de novo "accepting the well-pleaded allegations of the complaint as true and construing them in

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