CLARK v. COLBERT

No. 17-7046.

895 F.3d 1258 (2018)

Gary CLARK, Plaintiff-Appellant, v. Robert COLBERT, in his official and individual capacity as Sheriff of Wagoner County, Oklahoma; Wagoner County Board of County Commissioners; Dustin Dorr, in his individual capacity; and Vicki Holland, in her individual capacity, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Filed July 17, 2018.


Attorney(s) appearing for the Case

J. Spencer Bryan ( Steven J. Terrill with him on the briefs), Bryan & Terrill Law, PLLC, Tulsa, Oklahoma, for Appellant.

Stephen L. Geries , Collins Zorn & Wagner, P.C., Oklahoma City, Oklahoma, for Appellees Board of County Commissioners of the County of Wagoner and Vicki Holland.

Randall J. Wood ( Robert S. Lafferrandre and Jessica L. Dark with him on the brief), Pierce Couch Hendrickson Baysinger & Green, L.L.P., Oklahoma City, Oklahoma, for Appellee Robert Colbert.

Before TYMKOVICH, Chief Judge, BALDOCK and HOLMES, Circuit Judges.


This case involves an encounter between law enforcement and a schizophrenic individual suffering a psychotic episode. Officers from the Wagoner County Sheriff's Department responded to a call from Gary Clark's brother, who was having troubling restraining him. The Sheriff's Department, in turn, requested help from the neighboring...

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