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SHEPHERD v. WELLMAN

No. 01-5189.

313 F.3d 963 (2002)

Bill Wayne SHEPHERD, et al., Plaintiffs-Appellants, v. Billy WELLMAN, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed December 23, 2002.

Attorney(s) appearing for the Case

Jeffrey M. Blum (argued and briefed), Louisville, KY, for Plaintiffs-Appellants.

Dana C. Fugazzi (argued and briefed), Kentucky State Police Legal Office, Frankfort, KY, Stanton L. Cave (briefed), Mary E. Naumann (argued and briefed), Jackson & Kelly, Lexington, KY, Robert I. Cusick, Jr. (briefed), Steven L. Snyder (argued and briefed), Pamela J. Ledford, Wyatt, Tarrant & Combs, Louisville, KY, for Defendants-Appellees.

Before: KEITH, KENNEDY, and MOORE, Circuit Judges.

OPINION

KEITH, Circuit Judge.

Plaintiffs-Appellants, Mary Jane Jones, Jacob Shepherd, and Bill W. Shepherd, and Attorney-Appellant Jeffrey Blum appeal from the following orders: (1) the denial of plaintiffs' motion for partial summary judgment seeking a declaratory judgment that the Kentucky State Police (KSP) deadly force policy is unconstitutional; (2) the order dismissing the § 1983 action against Wellman, former KSP police Commissioner; (3) the...

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