United States Tenth Circuit

A claim may be actionable under section 1983 without satisfying the requirements of analogous common law tort. Motions to dismiss brought by a forensic chemist and a district attorney were properly denied; they are not entitled to qualified immunity on allegations that they employed falsified forensic evidence and testimony to prosecute accused persons, including plaintiff.

Appellate Information

• Decided 03/02/2004
• Published 03/02/2004

Judges

• McCONNELL, Circuit Judge., Before McCONNELL, Circuit Judge, BRORBY, Senior Circuit Judge, and TYMKOVICH, Circuit Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs: 


• For Appellees:
  
• Melvin C. Hall, Riggs, Abney, Neal, Turpen, Oribson & Lewis, Oklahoma City, OK, for Defendant-Appellant Joyce Gilchrist., John M. Jacobsen, First Assistant District Attorney, Oklahoma City, OK, for Defendant-Appellant Robert H. Macy., Clark O. Brewster and Guy A. Fortney, Brewster & DeAngelis, Tulsa, OK, for Plaintiff-Appellee Jeffrey Pierce.