United States Tenth Circuit

In the wrongful death suit of a prison inmate, judgment in favor of plaintiffs for intentional infliction of emotional distress is reversed where the district court failed to make explicit findings as to the severity of each individual plaintiff's emotional distress.

Appellate Information

• Decided 10/26/2004
• Published 10/26/2004

Judges

• TYMKOVICH, Circuit Judge., Before O'BRIEN, Circuit Judge, BRORBY, Senior Circuit Judge, and TYMKOVICH, Circuit Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Michael E. Robinson, Department of Justice (Robert D. McCallum, Jr., Assistant Attorney General, Robert G. McCampbell, United States Attorney, and Robert S. Greenspan, Attorney, Department of Justice, with him on the briefs), Washington, D.C., for Defendants-Appellants/Cross-Appellees United States of America, Department of Justice, Federal Bureau of Prisons, and Federal Bureau of Investigations, and for Amicus Curiae United States in support of Stuart Lee., Robert D. Baron (Gloyd McCoy with him on the brief), Coyle, McCoy & Burton, Oklahoma City, OK, for Defendant-Appellant/Cross-Appellee Stuart Lee., Charles P. Sampson, Suitter Axland (Joe B. Reynolds and R. Scott Adams, Adams & Associates, Oklahoma City, OK, with him on the briefs) Salt Lake City, UT, for Plaintiffs-Appellees/Cross-Appellants., Barry W. Nance, Kenneth R. Nance, filed a brief for Cross-Appellee Kenneth Freeman.