STEPHENS, Chief Justice.
This appeal was brought by the Transportation Cabinet after a determination by the Court of Appeals that the Cabinet's procedure for enforcing KRS 138.990 is unconstitutional. A Transportation Cabinet enforcement officer issued Cassity four citations for statutory violations and immediately thereafter impounded his tractor and trailer. Cassity filed an action pursuant to 42 U.S.C. § 1983 (hereinafter § 1983) to recover damages suffered...
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