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LAMPKIN v. LITTLE

Nos. 01-7018, 01-7019.

286 F.3d 1206 (2002)

Robert LAMPKIN, Plaintiff-Appellant/Cross-Appellee, v. Jim LITTLE, individually and as a commissioned officer of Okmulgee County, Defendant-Appellee/Cross-Appellant, and Okmulgee County Board of Commissioners, State of Oklahoma a/k/a Board of County Commissioners of Okmulgee County, Oklahoma, Defendant-Appellee. Robert Lampkin, Plaintiff-Appellee/Cross-Appellant, v. Jim Little, individually and as a commissioned officer of Okmulgee County, Defendant-Appellant/Cross-Appellee, and Okmulgee County Board of Commissioners, State of Oklahoma a/k/a Board of County Commissioners of Okmulgee County, Oklahoma, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

April 16, 2002.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Carol Seacat of Seacat & Seacat, Okmulgee, OK, for Appellant/Cross-Appellee and Appellee/Cross-Appellant Robert Lampkin.

L. Susan Work and Kevin Dellinger, Muscogee (Creek) Nation, Okmulgee, OK, for Appellee/Cross-Appellant and Appellant/Cross-Appellee Jim Little.

Chris J. Collins and Michael L. Carr of Collins, Zorn, Wagner & Gibbs, P.C., Oklahoma City, OK, for Appellee Okmulgee County Board of Commissioners.

Before TACHA, Chief Judge, ANDERSON, and MURPHY, Circuit Judges.

TACHA, Circuit Judge.

A jury found Defendant Officer Jim Little liable in his individual capacity to Plaintiff Robert Lampkin for the use of excessive force during an arrest of Lampkin. Little applied for an order that the Board of County Commissioners of Okmulgee County ("County") indemnify him and pay the judgment to Lampkin, pursuant to the Oklahoma Governmental Tort Claims Act. Okla. Stat. tit. 51, § 162. The district court denied Little's application, and...

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