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BROWNING v. EDMONSON COUNTY, KENTUCKY

No. 20-6078.

18 F.4th 516 (2021)

Wendy BROWNING, Mother and Next Friend of C.S., a minor; Darrell Smith, as Guardian of M.S., a minor, Plaintiffs-Appellees, v. EDMONSON COUNTY, KENTUCKY, et al., Defendants, Shane Doyle; Jordan Jones, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 17, 2021.

Rehearing En Banc Denied December 20, 2021.

Attorney(s) appearing for the Case

ARGUED: Aaron D. Smith , ENGLISH, LUCAS, PRIEST & OWSLEY, LLP, Bowling Green, Kentucky, for Appellants. Gregory A. Belzley , BELZLEY, BATHURST & BENTLEY, Prospect, Kentucky, for Appellees. ON BRIEF: Aaron D. Smith , Jessica R. Shoulders , ENGLISH, LUCAS, PRIEST & OWSLEY, LLP, Bowling Green, Kentucky, for Appellants. Gregory A. Belzley , BELZLEY, BATHURST & BENTLEY, Prospect, Kentucky, for Appellees.

ROGERS, Circuit Judge, delivered the opinion of the court in which COLE, Circuit Judge, joined, and MURPHY, Circuit Judge, joined in part. MURPHY, Circuit Judge (pp. 536-42), delivered a separate opinion concurring in part and dissenting in part.

OPINION

This case arises from a high-speed police pursuit by Edmonson County, Kentucky, sheriffs that ended in a collision between the fleeing car and another vehicle. Two minor passengers in the fleeing vehicle, C.S. and M.S., were injured, and one of them, C.S., although unconscious in the backseat, was subsequently...

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