CARR v. CASTLE

Nos. 02-6079, 02-6132.

337 F.3d 1221 (2003)

Rodric CARR, Jr., as Personal Representative of the Estate of Randall Carr, deceased, Plaintiff-Appellee, v. Randy CASTLE; Jerry K. Bowen, Defendants-Appellants, and City of Oklahoma City, Defendant. Rodric Carr, Jr., as Personal Representative of the Estate of Randall Carr, deceased, Plaintiff-Appellant, v. City of Oklahoma City, Defendant-Appellee, and Randy Castle; Jerry K. Bowen, Defendants.

United States Court of Appeals, Tenth Circuit.

August 4, 2003.


Attorney(s) appearing for the Case

John M. Merritt of Merritt & Associates, P.C., Oklahoma City, OK (Michael M. Blue with him on the substantive brief, and Johnnie L. Cochran, Jr. of Law Offices of Johnnie L. Cochran, Jr., Los Angeles, CA, with him on the jurisdictional brief), for Plaintiff-Appellee in No. 02-6079.

Stacey Haws Felkner of Phillips McFall McCaffrey McVay and Murrah, P.C., Oklahoma City, OK (Robert E. Manchester, Susan Ann Knight, June E. Machette with her on the briefs), for Defendants-Appellants in No. 02-6079.

John M. Merritt of Merritt & Associates, P.C., Oklahoma City, OK (Michael M. Blue with him on the briefs), for Plaintiff-Appellant in No. 02-6132.

Richard C. Smith, Assistant Municipal Counselor for City of Oklahoma City, Oklahoma City, OK (William R. Burkett, Municipal Counselor, with him on the brief), for Defendant-Appellee in No. 02-6132.

Before EBEL and BRISCOE, Circuit Judges, and SHADUR, District Judge.


SHADUR, District Judge.

Rodric Carr, Jr. as personal representative of the estate of decedent Randall Carr,1 has brought a civil rights action against two Oklahoma City Police Department officers, Randy Castle ("Castle") and Jerry Bowen ("Bowen") (collectively "the Officers"), and Oklahoma City ("City") itself, charging each with a violation of Randall's constitutional rights. Both Officers were charged with the use of excessive force...

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