Hooks v. Atoki, No. 19-6093 (10th Cir. 2020)
Annotate this CasePlaintiff-appellant Antonio Hooks alleged Officers Chris Harding and James Irby of the Bethany, Oklahoma, Police Department, used excessive force against him in the course of an arrest, and, separately, that Officer Kayode Atoki exhibited deliberate indifference by failing to intervene during a vicious, gang-related jailhouse assault. The district court screened and dismissed Hooks’s excessive force claim prior to discovery. And after limited discovery, the district court granted Officer Atoki’s motion for summary judgment on the deliberate indifference claim. On appeal, the Tenth Circuit affirmed, in part and reversed, in part. Specifically, the Court reversed the district court’s dismissal of Hooks’s excessive force claim because some of his allegations were not barred by Heck v. Humphrey, 512 U.S. 477 (1994). The Court affirmed the district court’s grant of summary judgment to Officer Atoki on Hooks’s deliberate indifference claim. The Court also took the opportunity to clarify that its recent discussion of the deliberate indifference standard in Strain v. Regalado, 977 F.3d 984 (10th Cir. 2020), applied outside the medical context.
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