LANCE v. MORRIS

No. 19-7050.

985 F.3d 787 (2021)

Dustin LANCE, Plaintiff-Appellant, v. Chris MORRIS, Sheriff of Pittsburg County, Oklahoma, in his official capacity; Mike Smead, in his individual capacity; Dakota Morgan, in his individual capacity; Edward Morgan, in his individual capacity; Daniel Harper, in his individual capacity, Defendants-Appellees, and McAlester Regional Health Center Authority, d/b/a McAlester Regional Hospital; Board of County Commissioners of Pittsburg County, Oklahoma; Stephen Sparks, in his individual capacity; Joel Kerns, former Sheriff of Pittsburg County, in his individual capacity, Defendants.

United States Court of Appeals, Tenth Circuit.

FILED January 19, 2021.


Attorney(s) appearing for the Case

Megha Ram , Roderick & Solange MacArthur Justice Center, Washington, D.C. ( J. Spencer Bryan and Steven J. Terrill , Bryan & Terrill Law, Tulsa, Oklahoma, and David M. Shapiro , Roderick & Solange MacArthur Justice Center, Chicago, Illinois, with her on the briefs), on behalf of the Plaintiff-Appellant.

Michael L. Carr , Collins Zorn & Wagner, P.C., Oklahoma City, Oklahoma ( Taylor M. Riley , Collins, Zorn & Wagner, P.C., Oklahoma City, Oklahoma, with him on the briefs), on behalf of the Defendants-Appellees Chris Morris, Daniel Harper, and Dakota Morgan.

Carson C. Smith , Pierce Couch Hendrickson Baysinger & Green, L.L.P., Oklahoma City, Oklahoma ( Robert S. Lafferrandre , Pierce Couch Hendrickson Baysinger & Green, L.L.P. Oklahoma City, Oklahoma, with him on the brief) on behalf of the Defendants-Appellees Edward Morgan and Mike Smead.

David A. Russell and Emily Jones Ludiker of Rodolf & Todd, Tulsa, Oklahoma, filed a brief on behalf of McAlester Regional Health Center.

Before MATHESON, BACHARACH, and McHUGH, Circuit Judges.


This case involves a denial of medical treatment for Mr. Dustin Lance at a detention center in McAlester, Oklahoma. Mr. Lance needed treatment for priapism (a persistent, painful erection), but he had to wait three days for the treatment. He ultimately sued the current sheriff...

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