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KEITH v. KOERNER

No. 12-3101.

707 F.3d 1185 (2013)

Tracy KEITH, Plaintiff-Appellee, v. Richard D. KOERNER, Defendant-Appellant, and Ananstacio Gallardo, Defendant.

United States Court of Appeals, Tenth Circuit.

February 12, 2013.

Attorney(s) appearing for the Case

John Wesley Smith , Assistant Attorney General ( Michael J. Smith , Assistant Attorney General, and Jeffery A. Chanay , Deputy Attorney General, on the briefs) Office of Attorney General Derek Schmidt , Topeka, KS, for Defendant-Appellant.

Paul W. Hughes ( Charles A. Rothfeld , Miriam R. Nemetz , and Michael B. Kimberly of Mayer Brown, L.L.P., Washington, D.C.; John Kurtz of Hubbard & Kurtz, L.L.P., Kansas City, MO, with him on the briefs), for Plaintiff-Appellee.

Before KELLY, MURPHY, and TYMKOVICH, Circuit Judges.

KELLY, Circuit Judge.

Plaintiff-Appellee Tracy Keith, a former inmate, filed a civil rights complaint pursuant to 42 U.S.C. § 1983, alleging violations of her rights under the Eighth Amendment. App. 2. She named as Defendants former warden Richard Koerner and other Kansas Department of Corrections employees. Id. Mr. Koerner appeals from the district court's denial of qualified immunity. See Keith v. Werholtz, No. 11-2281-KHV, 2012 WL 1059858 (D...

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