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LINCOLN v. MAKETA

No. 16-1127.

880 F.3d 533 (2018)

Mitchell LINCOLN; Rodney Gehrett; Robert King; Cheryl Peck; Robert Stone, Plaintiffs-Appellees, v. Terry MAKETA, in his individual capacity and in his official capacity as Sheriff of El Paso County; Paula Presley, in her individual capacity and in her official capacity as Undersheriff of El Paso County, Defendants-Appellants, and The Board of County Commissioners of the County of El Paso; El Paso County Sheriff's Office; Bill Elder; Joe Breister, Defendants.

United States Court of Appeals, Tenth Circuit.

Filed January 17, 2018.

Attorney(s) appearing for the Case

Andrew D. Ringel ( Matthew J. Hegarty , with him on the briefs), Hall & Evans, L.L.C., Denver, Colorado, for Defendant-Appellant Terry Maketa.

Eric M. Ziporin , Ashley M. Kelliher , Senter Goldfarb & Rice, LLC, Denver, Colorado, for Defendant-Appellant Paula Presley.

Edward T. Farry, Jr. , Farry & Stock, P.C., Colorado Springs, Colorado, for Plaintiffs-Appellees.

Before HARTZ, HOLMES, and BACHARACH, Circuit Judges.

This appeal grew out of the district court's denial of qualified immunity to the former sheriff (Mr. Terry Maketa) and undersheriff (Ms. Paula Presley) of El Paso County. The claims were brought by three categories of subordinates: (1) Lieutenant Cheryl Peck; (2) Sergeant Robert Stone; and (3) Commanders Mitchell Lincoln...

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