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ESTATE OF JENSEN BY JENSEN v. CLYDE

Nos. 20-4024, 20-4025.

989 F.3d 848 (2021)

ESTATE OF Madison Jody JENSEN, BY her personal representative Jared JENSEN, Plaintiff-Appellee, v. Jana CLYDE, Defendant-Appellant, and Duchesne County, a Utah governmental entity; David Boren; Jason Curry; Logan Clark; Kennon Tubbs; Elizabeth Richens; Caleb Bird; Hollie Purdy; Gerald J. Ross, Jr.; John Does, Defendants. The Estate of Madison Jody Jensen, by her personal representative Jared Jensen, Plaintiff-Appellee, v. Kennon Tubbs, an individual, Defendant-Appellant, and Duchesne County, a Utah governmental entity; David Boren, an individual; Jason Curry, an individual; Jana Clyde, an individual; Logan Clark, an individual; Elizabeth Richens, an individual; Caleb Bird, an individual; Hollie Purdy, an individual; Gerald J. Ross, Jr., an individual; John Does 1-20, Defendants.

United States Court of Appeals, Tenth Circuit.

Filed March 2, 2021.

Attorney(s) appearing for the Case

Frank D. Mylar ( Andrew R. Hopkins , with him on the briefs), Mylar Law, P.C., Salt Lake City, Utah, for Defendant-Appellant Jana Clyde.

Cortney Kochevar , Richards Brandt Miller Nelson, Salt Lake City, Utah, for Defendant-Appellant Kennon Tubbs.

Ryan B. Hancey ( Scott S. Bridge , with him on the brief), Kesler & Rust, Salt Lake City, Utah, for Plaintiff-Appellee.

Before HOLMES and KELLY, Circuit Judges, and LUCERO, Senior Circuit Judge.

This case arises from the tragic death of 21-year-old Madison Jensen while in custody of the Duchesne County Jail. Ms. Jensen was arrested after her father alerted law enforcement to her drug use and possession of drug paraphernalia. Her estate brought this action for deprivation of civil rights under color of state law. 42...

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