BRYSON v. CITY OF OKLAHOMA CITY

Nos. 09-6143, 09-6182.

627 F.3d 784 (2010)

David Johns BRYSON, Plaintiff-Appellant, v. CITY OF OKLAHOMA CITY, Defendant-Appellee, and Joyce Gilchrist, individually, Defendant.

United States Court of Appeals, Tenth Circuit.

December 6, 2010.


Attorney(s) appearing for the Case

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

Richard C. Smith , Assistant Municipal Counselor ( Kenneth Jordan , Municipal Counselor, with him on the briefs), Oklahoma City, OK, for Defendant-Appellee.

Before MURPHY, McKAY, and TYMKOVICH, Circuit Judges.


McKAY, Circuit Judge.

In 1983, Plaintiff David Bryson was convicted of a rape and kidnapping he did not commit. At his trial, a forensic chemist employed by the Oklahoma City Police Department, Joyce Gilchrist, testified the hair and semen found at the scene of the crime were consistent with samples taken from Plaintiff. Plaintiff was incarcerated for seventeen years before his conviction was vacated based on exculpatory DNA test results, and it took another three...

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