ELLISON v. STEPHENS

Nos. 78-3045, 78-3046.

581 F.2d 584 (1978)

Gary W. ELLISON, Administrator of the Estate of Elmer Lee Ellison, Plaintiff-Appellant, Cross-Appellee, v. Robert F. STEPHENS, Attorney General of the Commonwealth of Kentucky, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided August 17, 1978.


Attorney(s) appearing for the Case

Stanley M. Chesley, John A. Lloyd, Jr., Cincinnati, Ohio, William P. Hillman, Covington, Ky., for plaintiff-appellant, cross-appellee.

Robert F. Stephens, Atty. Gen. of Kentucky, David M. Whalin, James M. Ringo, Robert L. Chenoweth, Frankfort, Ky., for defendant-appellee, cross-appellant.

Before WEICK, LIVELY and MERRITT, Circuit Judges.


MERRITT, Circuit Judge.

The issue here is whether appellant may bring a civil rights suit under 42 U.S.C. § 1983 against the Attorney General of Kentucky merely for raising the common law doctrine of sovereign immunity as a defense to appellant's state court suit against the Commonwealth.

Appellant, Gary Ellison, is the Administrator of the Estate of Elmer Ellison, one of 165 victims of the Beverly Hills Supper...

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