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BRYSON v. GONZALES

No. 07-6071.

534 F.3d 1282 (2008)

David Johns BRYSON, Plaintiff-Appellee, v. Sam GONZALES, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 28, 2008.

Attorney(s) appearing for the Case

Kenneth Jordan, Municipal Counselor (Richard C. Smith & Amanda B. Carpenter, Assistant Municipal Counselors, with him on the briefs), Oklahoma City, OK, for Defendant-Appellant.

Michael Salem, Salem Law Offices (Mark Barrett with him on the briefs), Norman, OK, for Plaintiff-Appellee.

Before McCONNELL, TYMKOVICH and GORSUCH, Circuit Judges.

McCONNELL, Circuit Judge.

David Bryson was convicted of rape and spent 19 years in jail until exonerated by DNA evidence. He then sued Oklahoma City and a number of officials, including Police Chemist Joyce Gilchrist, District Attorney Robert Macy, and former Oklahoma City Police Chief Sam Gonzales, alleging that they falsely procured his original conviction and then prevented him from obtaining access to DNA evidence that he believed would demonstrate his innocence...

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