BAILEY v. MONTGOMERY

No. CIV.A.05-383 KSF.

433 F.Supp.2d 806 (2006)

Paul BAILEY Plaintiff v. Billy MONTGOMERY, et al. Defendants.

United States District Court, E.D. Kentucky, Lexington.

June 5, 2006.


Attorney(s) appearing for the Case

Joe F. Childers, Lexington, Ned Pillersdorf, Pillersdorf, DeRossett & Barrett, Prestonsburg, KY, for Plaintiff.

Huston Barrow Combs, William A. Bausch, Gess, Mattingly & Atchison, P.S.C., Lexington, KY, Stephen Lewis Barker, Bryan Howard Beauman, Sturgill, Turner, Barker & Moloney PLLC, Lexington, KY, for Defendant Billy Montgomery in his Individual and Official capacity as an as an Official with the Commonwealth of KY Transportation Cabinet.

Bridget L. Dunaway, Taylor, Keller, Dunaway & Tooms, PLLC, London, KY, Stephen Lewis Barker, Bryan Howard Beauman, Sturgill, Turner, Barker & Moloney PLLC, Lexington, KY, for Defendant Samuel Beverage in his Individual and Official capacity as an as an Official with the Commonwealth of KY Transportation Cabinet.

Michael J. Schmitt, Jonathan C. Shaw, Porter, Schmitt Banks & Baldwin, Paintsville, KY, Stephen Lewis Barker, Bryan Howard Beauman, Taylor, Keller, Dunaway & Tooms, PLLC, London, KY, for Defendant Linda Wagoner Justice in her Individual and Official capacity as an as an Official with the Commonwealth of KY Transportation Cabinet.

Stephen Lewis Barker, Bryan Howard Beauman, Taylor, Keller, Dunaway & Tooms, PLLC, London, KY, for Defendants Commonwealth of Kentucky, Transportation Cabinet and Unknown Agents of the Commonwealth of Kentucky Transportation Cabinet.


OPINION & ORDER

FORESTER, Senior District Judge.

This matter is before the Court on the motion to dismiss of the defendants Commonwealth of Kentucky Transportation Cabinet ("KTC") and the individual defendants in their official capacities as officials with the KTC [DE # 10].

I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY

Plaintiff Paul Bailey has been an employee of the defendant KTC in Powell and Magoffin Counties for...

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