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FLINT EX REL. FLINT v. KY DEPT. OF CORRECTIONS

No. 00-5129.

270 F.3d 340 (2001)

Edward H. FLINT, individually, as father, next of kin, administrator and personal representative of the estate of Robert FLINT, Plaintiff-Appellee, v. KENTUCKY DEPARTMENT OF CORRECTIONS; Jack C. Lewis, Commissioner, Kentucky Department of Corrections; Dewey Sowders, Deputy Commissioner, Kentucky Department of Corrections; C. Tony Williams, Interim Warden; Michael Whisman; Tommy Eldridge; Richard Gray; Sue Montgomery, in her capacity as guardian for James H. Montgomery, Defendants-Appellants, James Edgar Underwood; Jim Montgomery, Print Shop Supervisor, Defendants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 26, 2001.

Rehearing En Banc Denied December 14, 2001.

Attorney(s) appearing for the Case

ARGUED: Edward F. Busch, CONLIFFE, SANDMANN & SULLIVAN, Louisville, Kentucky, for Appellants.

Michael A. Valenti, VALENTI, HANLEY & CROOKS, Louisville, Kentucky, for Appellee.

ON BRIEF: Edward F. Busch, Richard M. Sullivan, CONLIFFE, SANDMANN & SULLIVAN, Louisville, Kentucky, for Appellants.

Michael A. Valenti, Kevin P. Crooks, VALENTI, HANLEY & CROOKS, Louisville, Kentucky, for Appellee.

Before: RYAN and COLE, Circuit Judges; MARBLEY, District Judge.

Pursuant to Sixth Circuit Rule 206

OPINION

ALGENON L. MARBLEY, District Judge.

The Defendants, Jack C. Lewis, Dewey Sowders, C. Tony Williams, Michael Whisman, Tommy Eldridge, Richard Gray and James Montgomery appeal the District Court's denial of summary judgment on the issue of qualified immunity.1 The Plaintiff, Edward H. Flint, the administrator and personal representative of the estate of Robert Flint, brought suit...

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