United States Tenth Circuit

In a suit brought by an exonerated former inmate against a city and officials alleging that they falsely procured his original conviction and prevented him from obtaining access to DNA evidence that he believed would demonstrate his innocence, denial of a motion to dismiss one claim based on qualified immunity is reversed where the complaint failed to state a claim against defendant-former city police chief for denying plaintiff access to post-conviction DNA evidence for testing.

Appellate Information

• Decided 07/28/2008
• Published 07/29/2008

Judges

• McCONNELL, Circuit Judge., Before McCONNELL, TYMKOVICH and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Kenneth Jordan, Municipal Counselor (Richard C. Smith & Amanda B. Carpenter, Assistant Municipal Counselors, with him on the briefs), Oklahoma City, OK, for Defendant-Appellant., Michael Salem, Salem Law Offices (Mark Barrett with him on the briefs), Norman, OK, for Plaintiff-Appellee.