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Bryson v. Oklahoma City, No. 09-6143

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By FindLaw Staff on December 06, 2010 5:44 PM

Action Claiming that Plaintiff Was Wrongfully Convicted of Rape and Kidnapping

In Bryson v. Oklahoma City, No. 09-6143, an action claiming that plaintiff was wrongfully convicted of rape and kidnapping, the court affirmed the district court's order denying defendant's motion for indemnification from Oklahoma City, and granting summary judgment in the city's favor, holding that 1) plaintiff failed to present sufficient evidence to support a finding of deliberate indifference by the city; and 2) plaintiff was not the real party in interest on an individual defendant's indemnification cross-claim.

As the court wrote:  "In 1983, Plaintiff David Bryson was convicted of a rape and kidnapping he did not commit.  At his trial, a forensic chemist employed by the Oklahoma City Police Department, Joyce Gilchrist, testified the hair and semen found at the scene of the crime were consistent with samples taken from Plaintiff.  Plaintiff was incarcerated for seventeen years before his conviction was vacated based on exculpatory DNA test results, and it took another three and a half years before the charges against him were finally dismissed."

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