HERNANDEZ v. RIDLEY

No. 12-6188.

734 F.3d 1254 (2013)

Jose L. HERNANDEZ, as Special Administrator of the Estates of Jose L. Hernandez, Jr., deceased, and Salvador Hernandez, deceased, Plaintiff-Appellee, v. Gary RIDLEY; Taylor Henderson, Defendants-Appellants, Duit Construction Company Inc., Defendant-Cross-Claimant-Counter Defendant, George Raymond; Matthew Romero; Shawn Davis; Miguel Dovalina; Anthony Echelle; Shawna Robb; Matthew Swift, Defendants. v. Ethel Cooper, Defendant-Cross-Defendant-Counter-Claimant.

United States Court of Appeals, Tenth Circuit.

November 13, 2013.


Attorney(s) appearing for the Case

David W. Lee , of Lee Law Center, P.C., ( Emily B. Fagan , of Lee Law Center, P.C., and Greg Eldridge , Assistant General Counsel, Oklahoma Dept. of Transportation, with him on the brief), Oklahoma City, OK, for Defendants-Appellants.

Donald E. Smolen, II , ( Laura M. Lauth with him on the brief), of Smolen, Smolen & Roytman, Tulsa, OK, for Plaintiff-Appellee.

Before HARTZ, McKAY, and O'BRIEN, Circuit Judges.


O'BRIEN, Circuit Judge.

Jose Hernandez, Jr., and Salvador Hernandez were killed by a motorist while they were performing road construction in Oklahoma. Their representative sued their employer, Duit Construction Company, and the motorist and alleged a substantive due process claim against a host of Oklahoma Department of Transportation (ODOT) employees. All ODOT employees except the director and the resident engineer on the construction project were dismissed by the...

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