Aldaba v. Marshall County, No. 13-7034 (10th Cir. 2015)
Annotate this CasePlaintiff Erma Aldaba brought a 42 U.S.C. 1983 action on behalf of her dead son, Johnny Manuel Leija, who died after an altercation with Appellants Officer Brandon Pickens and Deputies James Atnip and Steve Beebe in the Oklahoma hospital where he was being treated for pneumonia. The district court granted summary judgment in favor of the defendants as to all claims except Plaintiff’s claim of excessive force against Appellants; the district court denied Appellants’ request for summary judgment on the grounds of qualified immunity, holding there were numerous fact issues regarding the reasonableness of the officers’ conduct that prevented summary judgment. Appellants filed this interlocutory appeal. After review of the trial court record, the Tenth Circuit affirmed, concluding that Plaintiff could show a violation of clearly established law sufficient to defeat Appellants’ request for qualified immunity.
The court issued a subsequent related opinion or order on December 20, 2016.
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