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CAMFIELD v. CITY OF OKLAHOMA

No. 00-6054.

248 F.3d 1214 (2001)

Michael D. CAMFIELD, Plaintiff-Appellant, v. CITY OF OKLAHOMA CITY, a municipal corporation; Britt High, Se Kim, Bill Citty, Gregory A. Taylor, and Matt French, individually and in their official capacities as police officers for defendant City of Oklahoma City; Robert Macy, individually and in his official capacity as District Attorney for Oklahoma County, Oklahoma, joined for purposes of declaratory and injunctive relief; Sam Gonzales; Patricia L. High, individually and in her official capacity as Assistant District Attorney for Oklahoma City, Oklahoma, joined for purposes of declaratory and injunctive relief and damages as appropriate; M.T. Berry, as Chief of Police of the City of Oklahoma City in his official capacity, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 4, 2001.

Attorney(s) appearing for the Case

Micheal C. Salem, Salem Law Offices, Norman, Oklahoma (Vincent J. Liesenfeld, Salem Law Offices, Norman, Oklahoma; and Mark Henricksen, Henricksen & Henricksen, El Reno, Oklahoma, for the American Civil Liberties Union of Oklahoma, with him on the briefs), for the appellant.

Stacy Haws Felkner (Robert E. Manchester and Susan Ann Knight with her on the brief), Manchester & Pignato, P.C., Oklahoma City, Oklahoma, for the appellees Britt High, Se Kim, Matt French, and Gregory Taylor.

John M. Jacobsen, First Assistant District Attorney (Robert H. Macy, District Attorney, with him on the brief), Oklahoma City, Oklahoma, for the appellees Robert H. Macy and Patricia High.

Richard C. Smith, Litigation Division Head (William O. West, Municipal Counselor and Tina A. Hughes, Assistant Municipal Counselor, with him on the brief), Oklahoma City, Oklahoma, for the appellees City of Oklahoma City, Sam Gonzales, Bill Citty, and M.T. Berry.

Before BRISCOE, MURPHY, Circuit Judges, and CROW, District Judge.

BRISCOE, Circuit Judge

This appeal arises from a well-publicized decision by the Oklahoma City Police Department (OCPD) to remove the Academy Award-winning film The Tin Drum from public access after a state judge opined in an ex parte hearing that the movie contained child pornography in violation of Oklahoma law. Michael Camfield, whose rented copy of the movie was obtained from him at his apartment by three OCPD officers, sued the City of Oklahoma City (City...

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