The Tenth Circuit Court of Appeals is reviewing a federal district court's denial of qualified immunity to three Oklahoma City police officers in a civil rights lawsuit filed by the estate of Dawawn Q. McCoy. Officers Kelly Cassidy, Brandon Lee, and Robin Ridner filed an interlocutory appeal challenging the district court's decision in the excessive force case.

The appeal, filed as case number 23-6216, stems from litigation in the U.S. District Court for the Western District of Oklahoma. LaQuita Bruner, serving as administrator of McCoy's estate, filed the lawsuit under 42 U.S.C. § 1983, alleging that the officers used excessive force resulting in McCoy's death.

The case involves multiple defendants beyond the three officers who are appealing. The City of Oklahoma City, Chief Wade Gourley, and OKC Joseph Investments LLC, which operates the Biltmore Hotel, are also named as defendants in the underlying lawsuit. However, only the three individual officers are pursuing the current appeal regarding qualified immunity.

Qualified immunity is a legal doctrine that protects government officials from civil lawsuits unless they violated clearly established constitutional rights that a reasonable person would have known about. The doctrine has become a focal point in civil rights litigation, particularly in cases involving police use of force.

The district court's decision to deny qualified immunity means the court found that the officers' alleged conduct violated clearly established constitutional rights or that factual disputes prevented the court from determining whether the officers were entitled to immunity at this stage of the proceedings. This denial allows the case to proceed to trial rather than being dismissed.

Interlocutory appeals in qualified immunity cases are permitted under federal law even before a final judgment is reached. This allows officers to immediately challenge denials of qualified immunity rather than waiting until after trial, recognizing that the immunity is intended to protect officials from the burdens of litigation, not just liability.

The case is being heard by a three-judge panel consisting of Chief Judge Jerome Holmes, Circuit Judge David Ebel, and Circuit Judge Nancy Rossman. Circuit Judge Ebel is writing the opinion for the court.

Representing the three officers on appeal is Chris J. Collins of Collins Zorn & Wagner, PLLC, along with attorneys Stacey Haws Felkner and W.R. Moon, Jr. The estate is represented by Brittini L. Jagers-Johnson of Jagers & Johnson, Attorneys at Law, PLLC, both firms based in Oklahoma City.

The involvement of the Biltmore Hotel as a defendant suggests the incident that led to McCoy's death occurred on the hotel's property, though the specific circumstances surrounding the encounter between police and McCoy are not detailed in the available court documents.

The case highlights ongoing tensions surrounding police use of force and the application of qualified immunity doctrine. Courts must balance protecting officers from frivolous lawsuits while ensuring accountability when constitutional rights are violated.

The Tenth Circuit's decision will determine whether the officers can claim qualified immunity and potentially end their involvement in the lawsuit, or whether the case will return to district court for further proceedings. If the appeals court affirms the district court's denial of qualified immunity, the officers would remain defendants in the civil rights lawsuit.

The timing of the appeal, filed in 2023 and decided in January 2026, reflects the complex procedural posture of qualified immunity litigation. The original incident likely occurred in 2022 or earlier, given that the district court case was filed as 5:22-CV-00199-HE.

This case joins numerous other qualified immunity appeals that have come before federal circuit courts as they grapple with the scope and application of the doctrine. The Supreme Court has indicated interest in reviewing qualified immunity standards, though it has not yet undertaken comprehensive reform of the doctrine.

The outcome of this appeal will have implications not only for the parties involved but potentially for how qualified immunity is applied in excessive force cases within the Tenth Circuit's jurisdiction, which includes Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming.

The case demonstrates the ongoing legal battles that often follow police-involved deaths, as families seek accountability through federal civil rights litigation while officers invoke qualified immunity protections. The interlocutory appeal process allows these immunity questions to be resolved before the expense and burden of a full trial.