Strain v. Regalado, --- F.3d --- (10th Cir. 2020)

Jan 01, 2020

OUTCOME: Successful Defense of District Court Order. Affirmed on Appellate Review. The leading case on the application of Kingsley within the Tenth Circuit.

Pretrial detainee Thomas Pratt exhibited alcohol withdrawal symptoms while in a county jail. Healthcare providers diagnosed and treated Pratt’s symptoms, but their course of treatment proved ineffectiv ... e. Plaintiff Faye Strain, as Pratt’s guardian, sued. "Disagreement about course of treatment or mere negligence in administering treatment do not amount to a constitutional violation." To state a claim for deliberate indifference, a plaintiff must allege that an official acted (or failed to act) in an objectively unreasonable manner and with subjective awareness of the risk. "Indeed, the word deliberate makes a subjective component inherent in the claim." The Tenth Circuit concluded Plaintiff's allegations did not rise to the "high level" of deliberate indifference, and affirmed the district court's dismissal of Plaintiff's federal claims (in addition to the court's decision not to exercise supplemental jurisdiction over Plaintiff's remaining state law claims).

Eastom v. City of Tulsa, 783 F.3d 1181 (10th Cir. 2015)

Jan 01, 2015

OUTCOME: Successful Defense of District Court Order. Affirmed on Appellate Review.

For the second time, Dustin Eastom attempts to appeal the district court's order granting summary judgment to the City of Tulsa and Jeffrey Henderson, a Tulsa police officer. Mr. Eastom attempted to ap ... peal the same order in 2014, but we dismissed for lack of jurisdiction. See Eastom v. City of Tulsa, 563 Fed.Appx. 595, 595 (10th Cir.2014) (unpublished). We again dismiss Mr. Eastom's appeal for lack of jurisdiction because the district court's order is still not final.

Cox v. Glanz, 800 F.3d 1231 (10th Cir. 2015)

Jan 01, 2015

OUTCOME: Successful appeal overturning the lower court decision which failed to grant individual defendants qualified immunity.

An inmate's right to proper suicide screening procedures during booking was not clearly established.

United Sates v. Makkar, 810 F.3d 1139 (10th Cir. 2015)

Jan 01, 2015

OUTCOME: Successful Appeal of a district court conviction which removed the mens rea element required necessary for a conviction under the the Drug Analogue Act.

Iqbal Makkar and Gaurav Sehgal ran the “Gitter Done,” a small town convenience store in northeastern Oklahoma. When questions surfaced about the incense they carried on their shelves, the men spoke wit ... h state law enforcement officers, offered to have the officers test the incense to determine its legality, and offered as well to stop selling the product until the results came in. But this cooperation with state authorities apparently won the men little admiration from federal investigators: soon enough they found themselves under indictment and convicted for violating the Controlled Substance Analogue Enforcement Act (Analogue Act), conspiracy, and money laundering. In this appeal Mr. Makkar and Mr. Sehgal contend that the government overreached at trial—in the jury instructions it sought and won, and again in its successful efforts to exclude evidence of their cooperation with law enforcement. After our own review of the record, we have to agree. Conviction vacated and remanded for further proceedings.

Pierce v. Gilchrist, et al., 359 F.3d 1279 (10th Cir. 2004)

Jan 01, 2004

OUTCOME: Successful Defense of District Court Order. Affirmed on Appellate Review.

Plaintiff adequately stated § 1983 claim against police chemist by alleging chemist "fabricated inculpatory evidence and disregarded exculpatory evidence, which led prosecutors to indict and prosecute" ... the wrong man for rape and other crimes.

United States v. C. Douglas Wood, M.D., 207 F.3d 1222 (10th Cir. 2000)

Jan 01, 2000

OUTCOME: Successful Appeal of Conviction for Involuntary Manslaughter of Medical Doctor. Reversed and Remanded for New Trial.

C. Douglas Wood is a physician who, in 1998, was indicted for the first-degree murder of Virgil Dykes, a patient under his care at the Veterans Administration hospital in Muskogee, Oklahoma. The case w ... as tried to a jury, and submitted on charges of first-degree murder and the lesser included offenses of second-degree murder and involuntary manslaughter. A verdict was entered acquitting Dr. Wood of the first- and second-degree murder charges, but convicting him of involuntary manslaughter. The case comes to us for review on direct appeal. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3231. Appellant advances several claims of error: (1) denial of his motion for judgment of acquittal as to all charges; (2) wrongful prosecution; (3) delay of prosecution; (4) denial of jury instructions on his theory of the case; (5) admission of expert testimony that stated an opinion as to the his mental state; and (6) admission of unduly prejudicial testimony. Concluding that Dr. Wood was denied a fair trial because of cumulative error, we reverse and remand for retrial on the charge of involuntary manslaughter.

Henderson v. Glanz, 813 F.3d 938 (10th Cir. 2015)

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Burke (Williams) v. Glanz, 935 F.3d 960 (10th Cir. 2019)

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OUTCOME:

Hebble v. Shell, 238 P.3d 939, 2010 OK CIV APP 61, 131 S.Ct. 822

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OUTCOME: 66 Million Dollar Verdict. Appealed to the U.S. Supreme Court and Upheld.

Hastings v. Kelley, 181 P.3d 750, 2008 OK CIV APP 36

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