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SMITH v. COCHRAN

No. 01-5085.

339 F.3d 1205 (2003)

Pamela SMITH, Plaintiff-Appellee, v. Don COCHRAN, in both his individual and official capacity, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 12, 2003.

Attorney(s) appearing for the Case

Angela K. Berglan, Assistant Attorney General (Linda Soper, Assistant Attorney General, on the briefs), Oklahoma City, OK, for Defendant-Appellant.

N. Kay Bridger-Riley (Christopher L. Camp and Charles A. McSoud, with her on the briefs) of Bridger-Riley & Associates, P.C., Tulsa, OK, for Plaintiff-Appellee.

Before EBEL, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and ARMIJO, District Judge.

EBEL, Circuit Judge.

Defendant Don Cochran appeals the district court's denial of qualified immunity in this 42 U.S.C. § 1983 action. Plaintiff Pamela Smith brought this action in the United States District Court for the Northern District of Oklahoma alleging violation, inter alia, of her Eighth Amendment right to be free from the use of excessive force against her. We have jurisdiction pursuant to 28 U.S.C. § 1291, see Mitchell v. Forsyth,

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