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COURTNEY v. OKLA. EX REL., DEPT. OF PUBLIC SAFETY

No. 12-7028.

722 F.3d 1216 (2013)

Jason Wayne COURTNEY, Plaintiff-Appellant, v. State of OKLAHOMA, ex rel., DEPARTMENT OF PUBLIC SAFETY; Jacob Smith, Oklahoma Highway Patrol Trooper, in his individual capacity, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 15, 2013.

Attorney(s) appearing for the Case

David R. Keesling ( Timothy S. Kittle with him on the briefs), Richardson Richardson Boudreaux Keesling, Tulsa, OK, for Plaintiff-Appellant.

Devan A. Pederson , Assistant Attorney General ( Kevin L. McClure , Assistant Attorney General, with him on the brief), Oklahoma Attorney General's Office, Litigation Division, Oklahoma City, OK, for Defendants-Appellees.

Before KELLY, MURPHY, and TYMKOVICH, Circuit Judges.

MURPHY, Circuit Judge.

I. Introduction

Plaintiff Jason Wayne Courtney appeals the district court's grant of summary judgment to Defendants in his action brought under 42 U.S.C. § 1983 against Trooper Jacob Smith and the State of Oklahoma ex rel the Oklahoma Department of Public Safety (the "State"). Courtney's claims arise from a traffic stop on the Muskogee Turnpike during which he was arrested for being a felon in possession of a firearm in...

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