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WITTNER v. BANNER HEALTH

Nos. 11-1171, 11-1180.

720 F.3d 770 (2013)

George WITTNER, parent and next friend to Decedent, Ian Wittner; Lizbeth Cardenas, parent and next friend to Decedent, Ian Wittner, and as Personal Representative of the Estate of Ian Wittner, Plaintiffs-Appellants/Cross-Appellees, v. BANNER HEALTH, an Arizona nonprofit organization, d/b/a North Colorado Medical Center; Robert George Ruegg, M.D., Susan J. Ponder, R.N., Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

June 24, 2013.

Attorney(s) appearing for the Case

Jordan Factor of Allen & Vellone, P.C., Denver, CO ( Daniel P. Gerash and Eric L. Steiner of Gerash & Steiner, Denver, CO, with him on the briefs), for Plaintiffs-Appellants/Cross-Appellees.

Traci L. Van Pelt ( Matthew C. Miller and Jennifer L. Ward with her on the briefs) of McConnell Fleischner Houghtaling, LLC, Denver, CO, for Defendants-Appellees/Cross-Appellants.

Before KELLY, SEYMOUR, and TYMKOVICH, Circuit Judges.

SEYMOUR, Circuit Judge.

Ian Wittner died at the North Colorado Medical Center after being injected with the drug Haldol during a seventy-two-hour involuntary mental health hold. His parents, Lizbeth Cardenas and George Wittner, brought this § 1983 claim against the Medical Center, the doctor, and the nurse involved in their son's treatment. They appeal from the district court's grant of summary judgment to defendants and its subsequent denial of their FED.R.CIV...

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