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BROOKS v. GAENZLE

No. 09-1489.

614 F.3d 1213 (2010)

Keith Clayton BROOKS, Jr., Plaintiff-Appellant, v. Steve GAENZLE, Individually and in His Official Capacity as Deputy; Paul Smith, Individually and in His Official Capacity as Deputy; Terry Maketa, Individually and in His Official Capacity as Sheriff; El Paso County Sheriff's Department; El Paso County, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 10, 2010.

Attorney(s) appearing for the Case

Paul S. Swedlund of Baker Hostetler LLP, Denver, CO, for Plaintiff-Appellant.

Gordon L. Vaughan of Vaughan & DeMuro, Colorado Springs, CO, for Defendants-Appellees.

Before O'BRIEN, BRORBY, and GORSUCH, Circuit Judges.

BRORBY, Circuit Judge.

Appellant Keith Clayton Brooks, Jr., appeals the district court's grant of summary judgment in favor of Appellees Steve Gaenzle and Paul Smith—deputies with the El Paso County, Colorado Sheriff's Department—in his civil rights actions against them pursuant to 42 U.S.C. § 1983 and his state tort action pursuant to Colorado Revised Statute § 13-80-119.1 The

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