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OSTERHOUT v. BOARD OF CTY. COM'RS OF LEFLORE CTY.

Nos. 20-7024 & 20-7025.

10 F.4th 978 (2021)

Chad E. OSTERHOUT, Plaintiff-Appellee, v. BOARD OF COUNTY COMMISSIONERS OF LEFLORE COUNTY, OKLAHOMA, Defendant-Appellant, and Kendall Morgan, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED August 24, 2021.

Attorney(s) appearing for the Case

Michael Lee Carr ( Wellon B. Poe with him on the briefs), Collins, Zorn & Wagner, P.C., Oklahoma City, Oklahoma, on behalf of the Defendant-Appellant Board of County Commissioners of LeFlore County, Oklahoma.

James L. Gibbs ( Seth D. Coldiron with him on the briefs), Goolsby, Proctor, Heefner & Gibbs, P.C., Oklahoma City, Oklahoma, on behalf of the Defendant-Appellant Kendall Morgan.

Robert Blakemore ( Daniel E. Smolen and Bryon D. Helm with him on the brief), Smolen & Roytman, Tulsa, Oklahoma, on behalf of the Plaintiff-Appellee.

Before HOLMES, BACHARACH, and CARSON, Circuit Judges.

Mr. Kendall Morgan, a former deputy sheriff for LeFlore County, conducted a traffic stop of Mr. Chad E. Osterhout. During the traffic stop, Mr. Morgan struck Mr. Osterhout in the face1 and kicked him twice in the ribs. According to Mr. Morgan, Mr. Osterhout was trying to flee; Mr. Osterhout...

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