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SMITH v. ALLBAUGH

No. 20-6029.

987 F.3d 905 (2021)

Christina SMITH, individually and as next friend of her son, Joshua England, Plaintiff-Appellee, v. Joe ALLBAUGH; Carl Bear, Defendants-Appellants, and Robert Balogh; Wendell Miles; Laura Hays; Laura Noble; Oklahoma Department of Corrections Officers John Does #1-10; Richard Roe, Case Manager, Defendants.

United States Court of Appeals, Tenth Circuit.

FILED February 10, 2021.

Attorney(s) appearing for the Case

Devan A. Pederson (and Kari Y. Hawkins , Assistant Attorney General, Litigation Division of Oklahoma Attorney General's Office, with him on the briefs), Oklahoma City, Oklahoma, for Defendants-Appellants.

Katherine Rosenfeld (and Emma L. Freeman of Emery, Celli, Brinckerhoff & Abady, LLP, New York, New York; Henry A. Meyer, III of Mulinix, Goerke & Meyer, PLLC, Oklahoma City, Oklahoma; Paul DeMuro of Frederic, Dorwart, Lawyers, PLLC, Tulsa, Oklahoma, with her on the brief), for Plaintiff-Appellee.

Before HARTZ, KELLY, and PHILLIPS, Circuit Judges.

Defendants-Appellants Joe Allbaugh, the Director of the Department of Corrections at the time this claim arose, and Carl Bear, the Warden of Joseph Harp Correctional Center (collectively, Defendants) appeal from the district court's order denying their motion to dismiss on grounds of qualified immunity. Smith v....

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