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WESTMORELAND v. BUTLER COUNTY, KENTUCKY

No. 21-5168.

29 F.4th 721 (2022)

Bretton WESTMORELAND, Plaintiff-Appellant, v. BUTLER COUNTY, KENTUCKY; Rocky W. Tyree, individually, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 24, 2022.

Attorney(s) appearing for the Case

ARGUED: Gregory A. Belzley , BELZLEY, BATHURST & BENTLEY, Prospect, Kentucky, for Appellant. Charles E. English, Jr. , ENGLISH, LUCAS, PRIEST & OWSLEY, LLP, Bowling Green, Kentucky, for Appellees. ON BRIEF: Gregory A. Belzley , BELZLEY, BATHURST & BENTLEY, Prospect, Kentucky, for Appellant. Charles E. English, Jr. , John A. Sowell , ENGLISH, LUCAS, PRIEST & OWSLEY, LLP, Bowling Green, Kentucky, for Appellees. Megha Ram , RODERICK & SOLANGE MACARTHUR JUSTICE CENTER, Washington, D.C., David M. Shapiro , NORTHWESTERN PRITZKER SCHOOL OF LAW, Chicago, Illinois, for Amicus Curiae.

GIBBONS, J., delivered the opinion of the court in which CLAY, J., joined. BUSH, J. (pp. 731-45), delivered a separate dissenting opinion.

OPINION

Bretton Westmoreland was arrested and detained at the Butler County Jail, where he was attacked by another detainee for being a "snitch." Westmoreland sued the jail and Rocky Tyree, an employee, for failure to protect under 42 U.S.C. § 1983. The...

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