ATTOCKNIE v. SMITH

Nos. 14-7053, 14-7054.

798 F.3d 1252 (2015)

Nicole ATTOCKNIE, personal representative of the estate of Aaron Scott Palmer, as mother and next friend of M.P., a minor child, and individually, Plaintiff-Appellee, v. Shannon SMITH, individually and in his official capacity as Sheriff of Seminole County, Oklahoma, Defendant-Appellant, and Kenneth Cherry; Tammy Wall, individually and in her official capacity as Administrator of Seminole County Special Programs, Defendants. Nicole Attocknie, personal representative of the estate of Aaron Scott Palmer, as mother and next friend of M.P., a minor child, and individually, Plaintiff-Appellee, v. Kenneth Cherry, Defendant-Appellant, and Shannon Smith, individually and in his official capacity as Sheriff of Seminole County, Oklahoma; Tammy Wall, individually and in her official capacity as Administrator of Seminole County Special Programs, Defendants.

United States Court of Appeals, Tenth Circuit.

August 24, 2015.


Attorney(s) appearing for the Case

Richard N. Mann , Assistant Attorney General, Oklahoma City, OK, for Defendant-Appellant Kenneth Cherry.

Jordan L. Miller ( Chris J. Collins and Philip W. Anderson , with him on the briefs), Collins, Zorn & Wagner, P.C., Oklahoma City, OK, for Defendant-Appellant Shannon Smith.

Jack Mattingly, Jr. , Mattingly & Roselius, PLLC, Seminole, OK ( Tanner W. Hicks , Oklahoma City, OK, with him on the briefs), for Plaintiff-Appellee Nicole Attocknie.

Before HARTZ, HOLMES, and PHILLIPS, Circuit Judges.


On August 25, 2012, Aaron Palmer was shot dead by Deputy Sheriff Kenneth Cherry immediately after Cherry barged into Aaron's home in Seminole, Oklahoma. Having been commissioned by Seminole County Sheriff Shannon Smith, Cherry was serving as a compliance officer for the county's drug-court program. He was at Aaron's house to...

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