United States Tenth Circuit

Summary judgment for certain defendants in a prisoner's civil rights claims under 42 U.S.C section 1983 and dismissal of related state law claims involving alleged misconduct by a guard is reversed in part as to dismissal of claims brought under the Kansas Tort Claims Act and remanded for a determination as to the existence of diversity jurisdiction.

Appellate Information

• Decided 04/25/2006
• Published 04/25/2006

Judges

• HARTZ, Circuit Judge., Before TACHA, Chief Circuit Judge, HARTZ, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Todd Carlton Smith, also known as Shameka Shemae Shamya, pro se.


• For Appellees:
  
• Ralph J. De Zago, Assistant Attorney General (Phill Kline, Attorney General), Topeka, KS, for Defendants-Appellees.