ESTATE OF LOCKETT v. FALLIN

No. 15-6134.

841 F.3d 1098 (2016)

THE ESTATE OF Clayton LOCKETT, BY AND THROUGH its personal representative Gary LOCKETT, Plaintiff-Appellant, v. Governor Mary FALLIN, in her individual capacity; Robert C. Patton, in his individual capacity; Anita Trammell, in her individual capacity; Doctor John Doe, Defendants-Appellees. American Civil Liberties Union; American Civil Liberties Union of Oklahoma; Doctors for the Ethical Practice of Medicine: Dr. Lucas Restrepo, Clinical Assistant Professor of Neurology at the University of California, Dr. Steven Miles, Professor of Medicine and Bioethics at the University of Minnesota Medical School in Minneapolis, Dr. Robert L. Cohen, Clinical Assistant Professor of Medicine, NYU; Member, New York City Board of Correction, Dr. John P. May, Regional Medical Director of Florida Region for Wexford Health Sources, and Consultant on Correctional Healthcare to the U.S. Department of Justice, Civil Rights Division; Dr. Marc Stern, Affiliate Assistant Professor, Health Services at the University of Washington, formerly the Health Services Director for the Washington State Department of Corrections; Dr. Scott Allen, Professor of Medicine, Associate Dean of Academic Affairs, University of California Riverside School of Medicine; Dr. Josiah D. Rich, Professor of Medicine and Epidemiology, Brown University and Director of the Center for Prisoner Health and Human Rights; Dr. Robert Greifinger, Professor (Adjunct) of Health and Criminal Justice and Distinguished Research Fellow at John Jay College of Criminal Justice in New York City and correctional health care policy and quality management consultant; Dr. Coleman Pratt, Chief Medical Officer, Health Center in Florida, former Medical Director for Prison Health Services; Dr. David Nicholl, Consultant Neurologist at Sandwell and West Birmingham Hospital, UK; Dr. John Henning Schumann, Gussman Family Associate Professor of Medicine, University of Oklahoma-Tulsa, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

November 15, 2016.


Attorney(s) appearing for the Case

Alan Chen , University of Denver, Sturm College of Law, Denver, Colorado ( David A. Lane and Amy Kapoor , Kilmer, Lane & Newman, LLP, Denver, Colorado, and Justin F. Marceau , University of Denver, Sturm College of Law, Denver, Colorado, with him on the briefs), for Plaintiff-Appellant.

Aaron J. Stewart ( Richard Mann , with him on the brief), Assistant Attorneys General, Oklahoma Attorney General's Office, Litigation Division, Oklahoma City, Oklahoma, for Mary Fallin, Robert Patton and Anita Trammell, Defendants-Appellees.

David W. Lee ( Stephen L. Geries , with him on the brief), Collins Zorn & Wagner, P.C., Oklahoma City, Oklahoma (with him on the brief), for Doctor John Doe, Defendant-Appellee.

Ryan D. Kiesel , and Brady R. Henderson , American Civil Liberties Union of Oklahoma Foundation, Oklahoma City, Oklahoma, A. Katherine Toomey , Lewis Baach PLLC, Washington, D.C., filed Amici Curiae briefs.

Before GORSUCH, PHILLIPS, and MORITZ, Circuit Judges.


The Estate of Clayton Lockett, through its personal representative Gary Lockett, filed suit against Mary Fallin, Governor of Oklahoma, in her individual capacity; Robert Patton, Director of the Department of Corrections of Oklahoma, in his individual capacity; Anita Trammell, Warden of the Oklahoma State Penitentiary, in...

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