GABBARD v. ROSE

No. 16368.

359 F.2d 182 (1966)

Julian R. GABBARD, Plaintiff-Appellant, v. Edgar ROSE, Individually and as County Judge, Clark County, Kentucky, Rodney Thompson, Individually and as County Attorney, Clark County, Kentucky, Gene Morgan, Individually and as a Kentucky State Police Officer, Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

April 20, 1966.


Attorney(s) appearing for the Case

James L. Cobb, Jr., Covington, Ky., for appellant.

James M. Graves, Louisville, Ky., L. T. Grant, Lexington, Ky., William P. Swain, Boehl, Stopher, Graves & Deindoerfer, Louisville, Ky., J. Smith Hays, Jr., William Hays, Winchester, Ky., on brief, for appellees.

Before PHILLIPS and CELEBREZZE, Circuit Judges, and McALLISTER, Senior Circuit Judge.


PER CURIAM.

Julian R. Gabbard, Plaintiff-Appellant, instituted this action in the United States District Court for the Eastern Division of Kentucky, alleging that he had been deprived of his constitutional rights secured by the Fourteenth Amendment to the United States Constitution, and sought relief under the Civil Rights Act of 1871, 42 U.S.C., Section 1983. Section 1983 provides:

"Every person who, under color of any statute, ordinance, regulation, custom...

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