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ESTATE OF HURTADO BY AND THROUGH HURTADO v. SMITH

No. 23-1354.

119 F.4th 1233 (2024)

ESTATE OF Charles Anthony HURTADO, BY AND THROUGH its personal representative Bernie R. HURTADO, Plaintiff-Appellant, v. Dr. Jerry A. SMITH, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

FILED October 22, 2024.

Attorney(s) appearing for the Case

Liana G. Orshan (David Lane, with her on the briefs), Killmer Lane, L.L.P., Denver, Colorado, for Plaintiff-Appellant.

C. Todd Drake, Hershey Decker Drake, PLLC, Lone Tree, Colorado, for Defendant-Appellee.

Before HARTZ, KELLY, and BACHARACH, Circuit Judges.

Plaintiff-Appellant, the Estate of Charles Anthony Hurtado, brought this action against Defendant-Appellee, Dr. Jerry A. Smith, alleging that Dr. Smith acted with deliberate indifference to serious medical needs in treating Mr. Hurtado's perineal abscess. I Aplt. App. 119-21. The district court granted summary judgment to Dr...

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