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HOWARD EX REL. ESTATE OF HOWARD v. BAYES

No. 05-5076.

457 F.3d 568 (2006)

Heral HOWARD, as Administrator of the Estate of Tammy Howard, Plaintiff-Appellant, v. Paul BAYES, Individually; Pat Montgomery, Individually; Magoffin County Fiscal Court, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 9, 2006.

Attorney(s) appearing for the Case

ARGUED: Ned B. Pillersdorf, Pillersdorf, Derossett & Lane, Prestonsburg, Kentucky, for Appellant. Jonathan C. Shaw, Porter, Schmitt, Banks & Baldwin, Paintsville, Kentucky for Appellees. ON BRIEF: Ned B. Pillersdorf, Pillersdorf, Derossett & Lane, Prestonsburg, Kentucky, for Appellant. Jonathan C. Shaw, Michael J. Schmitt, Porter, Schmitt, Banks & Baldwin, Paintsville, Kentucky for Appellees.

Before: SUHRHEINRICH, ROGERS, and COOK, Circuit Judges.

OPINION

SUHRHEINRICH, Circuit Judge.

Plaintiff-Appellant Heral Howard ("Plaintiff"), as administrator of the estate of Tammy Howard, appeals the grant of summary judgment for Defendants-Appellees Paul Bayes, Pat Montgomery, and Magoffin County Fiscal Court ("Magoffin County") (collectively, "Defendants") on Plaintiff's federal civil rights claim under 42 U.S.C. § 1983 and Plaintiff's wrongful death claim under Kentucky state law. Because Plaintiff has...

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