LEWIS v. CITY OF EDMOND

No. 21-6081.

48 F.4th 1193 (2022)

Vicki Jo LEWIS and Troy Levet Lewis, individually and as co-personal representatives of the Estate of Isaiah Mark Lewis, deceased, Plaintiffs-Appellees, v. CITY OF EDMOND, an Oklahoma municipal corporation; Police Sergeant Milo Box, Defendants, and Police Officer Denton Scherman, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED September 16, 2022.


Attorney(s) appearing for the Case

Kathryn D. Terry ( Catherine L. Campbell and Cody J. Cooper , with her on the briefs), Phillips Murrah, P.C., Oklahoma City, Oklahoma, for Defendant-Appellant.

Devi M. Rao , Roderick & Solange MacArthur Justice Center ( Daniel M. Greenfield , Roderick & Solange MacArthur Justice Center, Northwestern Pritzker School of Law, Chicago, Illinois, Easha Anand , Roderick & Solange MacArthur Justice Center, San Francisco, California, and Christina N. Davis , Roderick & Solange MacArthur Justice Center, Washington, D.C. on the brief), Washington, D.C., for Plaintiffs-Appellees.

Before HARTZ, BALDOCK, and McHUGH, Circuit Judges.


Officer Denton Scherman of the Edmond, Oklahoma Police Department shot an unarmed assailant, Isaiah Mark Lewis, four times (a fifth shot missed). Lewis died as a result of his wounds. Plaintiffs, the representatives of Lewis's estate, brought this civil rights action under 42 U.S.C. § 1983 alleging Defendant Scherman...

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