No. 22-8015.

99 F.4th 1206 (2024)

Andrew J. JOHNSON, Plaintiff-Appellant, v. CITY OF CHEYENNE, a municipal corporation; Lance Cooper Overstreet, administrator of the estate of George W. Stanford, deceased; Alan W. Spencer, an individual, and Does 2 through 20, inclusive, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

FILED April 26, 2024.

Attorney(s) appearing for the Case

Robert P. Schuster , Robert P. Schuster, P.C., Jackson, Wyoming ( Bradley L. Booke of Robert P. Schuster, P.C., Jackson, Wyoming; Thomas N. Long and Aaron J. Lyttle of Long Reimer Winegar Beppler LLP, Cheyenne, Wyoming; Elliot H. Scherker and Bethany J.M. Pandher of Greenberg Traurig, P.A., Miami, Florida; and Laurence O. Masson , Law Office of Laurence O. Masson, Berkeley, California, with him on the briefs), for Plaintiff-Appellant.

Samuel L. Williams , Senior Assistant Attorney General ( Timothy W. Miller , Senior Assistant Attorney General, with him on the brief), Office of the Attorney General, Cheyenne, Wyoming for Defendants-Appellees Alan W. Spencer and the estate of George Stanford.

Norman Ray Giles , Lewis Brisbois Bisgaard & Smith, LLP, Houston, Texas ( William S. Helfand of Lewis Brisbois Bisgaard & Smith, LLP, Houston, Texas and J. Mark Stewart of Davis & Cannon, LLP, Cheyenne, Wyoming, with him on the brief), for Defendant-Appellee the City of Cheyenne.

Before HOLMES, Chief Judge, TYMKOVICH, and CARSON, Circuit Judges.

Plaintiff-Appellant Andrew Johnson was convicted of aggravated burglary and sexual assault in 1989. In 2013, a Wyoming state court declared Mr. Johnson innocent based on DNA evidence and vacated his convictions. Mr. Johnson then filed suit under 42 U.S.C. § 1983 against Officer...

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