HELMS v. ZUBATY

No. 06-6360.

495 F.3d 252 (2007)

George HELMS, Executor of the Estate of Marie Helms, Plaintiff-Appellant, v. George ZUBATY, individually and in his official capacity as Executive Judge, Gallatin County; Winslow Baker, individually and in his official capacity as County Zoning and Planning Administrator, Gallatin County Judge Executive's Office; Brent Caldwell, individually and in his official capacity as Police Officer, City of Warsaw; Donnie Gould, individually and in his official capacity as Police Chief, City of Warsaw; Travis A. Simpson, individually and in his official capacity as Mayor, City of Warsaw, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 19, 2007.


Attorney(s) appearing for the Case

ARGUED: Shane C. Sidebottom, Wolnitzek & Rowekamp, Covington, Kentucky, for Appellant. Jeffrey C. Mando, Adams, Stepner, Woltermann & Dusing, Covington, Kentucky, David P. Bowles, Landrum & Shouse, Louisville, Kentucky, for Appellees. ON BRIEF: Shane C. Sidebottom, Stephen D. Wolnitzek, Wolnitzek & Rowekamp, Covington, Kentucky, for Appellant. Jeffrey C. Mando, Jennifer H. Langen, Adams, Stepner, Woltermann & Dusing, Covington, Kentucky, David P. Bowles, Robert T. Watson, Landrum & Shouse, Louisville, Kentucky, for Appellees.

Before: BATCHELDER and COLE, Circuit Judges; PHILLIPS, District Judge.


OPINION

ALICE M. BATCHELDER, Circuit Judge.

Plaintiff-Appellant, Marie Helms1 ("Helms"), appeals the district court's grant of summary judgment in favor of Defendants-Appellees George Zubaty and Winslow Baker (Gallatin County, Kentucky, employees) and Brent Caldwell, Donnie Gould, and Travis Simpson (City of Warsaw, Kentucky, employees) (collectively "Defendants"), on Helms's claims arising under 42 U.S.C. § 1983 that Defendants...

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