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CRUTCHER v. COM. OF KY.

Nos. 89-5269, 89-5455.

883 F.2d 502 (1989)

William D. CRUTCHER, Plaintiff, Marion L. Madry, Plaintiff-Appellee, v. COMMONWEALTH OF KENTUCKY, et al., Defendants. Appeal of H. David OWENS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided August 30, 1989.

Attorney(s) appearing for the Case

John C. Anggelis, Lexington, Ky., Timothy N. Philpot (argued), Anggelis, Philpot, Gordon, & Simpson, Lexington, Ky., for plaintiff-appellee.

Kathy P. Holder, Robert Y. Gwin (argued), Brown, Todd & Heyburn, and D. Patton Pelfrey, Brown, Todd & Heyburn, Louisville, Ky., for defendant-appellant.

Before: MERRITT and NELSON, Circuit Judges, and CELEBREZZE, Senior Circuit Judge.

The defendant, H. David Owens, a district manager in the Kentucky Cabinet for Human Resources, appeals the District Court's denial of his motion for summary judgment based on qualified immunity. In this litigation, plaintiff Marion Madry, a black woman, alleges that Owens denied her a promotion on the basis of her race in violation of 42 U.S.C. §§ 1981, 1983. The issue before us is whether the District Court properly denied summary judgment to Owens on qualified...

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