⚖ Oral Arguments, with Context

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Antwine v. Burton — 10th Cir. (Sep 15, 2026)

No. 25-6109 Argued September 15, 2026 Published September 27, 2026

Shirley Antwine appeals after a district court dismissed a lawsuit over her son Ernest's death. In August 2021, she called Oklahoma City police when Ernest tried to enter her home. Sergeant Robert Burton put him in a patrol car, drove him to a vacant lot near Sooner Road, and left him there. Minutes later, a vehicle struck and killed him. Shirley, representing his estate, says Burton ignored a serious medical need. The district court dismissed her federal claim under qualified immunity, a rule requiring both a constitutional violation and law clearly warning the officer that his conduct was unlawful. The judge decided only the second question: the law was not clear enough on the facts alleged. Now the Tenth Circuit will also hear about a different theory: whether Burton created the danger by moving Ernest to that location.

Antwine v. Burton (No. 25-6109) — U.S. Court of Appeals for the Tenth Circuit, argued September 15, 2026.

Sources
Argument audio — Tenth Circuit (public domain, 17 U.S.C. § 105):https://www.ca10.uscourts.gov/sites/ca10/files/oralarguments/25-6109.mp3
Argument listing and date — Tenth Circuit:https://www.ca10.uscourts.gov/oralargument/search-results?field_oa_hearing_date_value%5Bmin%5D%5Bdate%5D=08%2F01%2F2026&field_oa_hearing_date_value%5Bmax%5D%5Bdate%5D=09%2F27%2F2026
District court's dismissal order — W.D. Oklahoma (Justia mirror):https://law.justia.com/cases/federal/district-courts/oklahoma/okwdce/5%3A2023cv00359/121926/28/
Appellate docket and counsel entries — Tenth Circuit (Justia mirror):https://dockets.justia.com/docket/circuit-courts/ca10/25-6109
Independent incident reporting — Oklahoma Watch via Public Radio Tulsa:https://www.publicradiotulsa.org/local-regional/2023-07-05/man-in-mental-health-crisis-killed-by-passing-truck-after-okc-police-abandoned-him
Qualified immunity — Supreme Court, Pearson v. Callahan:https://www.govinfo.gov/content/pkg/USREPORTS-555/pdf/USREPORTS-555-223.pdf
State-created danger — Tenth Circuit, Gray v. University of Colorado Hospital Authority:https://www.ca10.uscourts.gov/sites/ca10/files/opinions/01018799871.pdf
State-created danger — Tenth Circuit, Matthews v. Bergdorf:https://www.ca10.uscourts.gov/sites/ca10/files/opinions/01019988045.pdf
Kevin Kemper's law office — Chickasaw Nation Judicial Department directory:https://judicial.chickasaw.net/Bar-Association/Bar-Directory.aspx
Stacey Felkner's firm biography — Collins, Zorn & Wagner:https://czwlaw.com/stacey-h-felkner/

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