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BARNES v. WRIGHT

No. 04-6288.

449 F.3d 709 (2006)

Wilbur BARNES, Plaintiff-Appellee, v. Tony WRIGHT et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 2, 2006.

Attorney(s) appearing for the Case

ARGUED: Cara L. Jarrell, Kentucky Commerce Cabinet, Frankfort, Kentucky, for Appellants. Brenda Popplewell, Brenda Popplewell, Attorney at Law, Somerset, Kentucky, for Appellee. ON BRIEF: Ellen F. Benzing, Kentucky Commerce Cabinet, Frankfort, Kentucky, for Appellants. Brenda Popplewell, Brenda Popplewell, Attorney at Law, Somerset, Kentucky, for Appellee.

Before: MERRITT, MOORE, and SUTTON, Circuit Judges.

OPINION

KAREN NELSON MOORE, Circuit Judge.

Defendants-Appellants appeal the district court's denial of their motion to dismiss or for summary judgment as to whether they are entitled to absolute or qualified immunity. Conservation officers had a dispute with Wilbur Barnes ("Barnes"), in which Barnes criticized them for failing adequately to perform their duties; Barnes removed a gun from his pocket, prompting one of the officers also to pull out his gun...

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